In 1996, California voters approved the Medical Marijuana & The Compassionate Use Act of 1996 (Prop. 215). Under Prop. 215, patients under medical care and their primary caregivers may possess and cultivate marijuana in limited quantities. The patient or caregiver must have a valid, written prescription, and it remains a crime to distribute or sell the marijuana to others without a valid prescription. Among the conditions for which the medical marijuana can be prescribed are:

• AIDS
• Anorexia
• Arthritis
• Cancer
• Chronic pain
• Glaucoma
• Migraines
• Muscle spasms
• Nausea
• Seizures

Even if you have a valid medical marijuana prescription, however, allegations that you were growing too much marijuana, not growing it for a legal (medical marijuana) use, or conducting illegal distribution all may result in criminal charged being brought against you. If you are arrested for possession of a large amount of marijuana, or if you are accused of operating a marijuana grow house, you may be charged with a felony for illegal cultivation of marijuana for sale. Some of these prosecutions have been brought by federal authorities, and may subject the accused to lengthy mandatory minimum sentences in a federal penitentiary.

Federal and state investigators have checked for excessive water and electrical usage -- especially in sophisticated hydroponic, grow-light and ventilation systems -- to support a search warrant on the grounds marijuana is being illegally cultivated on the premises. While there are unresolved conflicts between California state and federal marijuana laws, and federal law enforcement officials have recently toned down aggressive marijuana enforcement actions against smaller California cultivation operations, if you used the mail or the internet to assist in the illegal distribution or sale of cultivated marijuana, you may be prosecuted under other federal statutes that impose heavy mandatory minimum sentences. In marijuana cultivation cases, prosecutions and the resulting criminal penalties often are based on quantity. Those who cultivate limited amounts of marijuana without a valid prescription for personal use still may be eligible for diversion, and avoid incarceration, so long as there is no intent to sell. But if you have possession of a significant amount of plants in your home or an amount of marijuana of substantial weight, you may face a mandatory minimum sentence under federal law or a felony conviction under California state law.

If you have been arrested or prosecuted for illegal marijuana cultivation, call Anchor Criminal Defense for a free consultation.