grew sideways. A landscaper anchored it with ropes but this did not help. The landscaper said it could not be saved--cut it down. We took the ropes off. Five years later, the tree is alive and the limbs all reach for the sky. Hope is a strong message. #hope
A marital settlement agreement (MSA) is the process by which divorcing spouses come to terms on the issues related to their divorce.
California Health and Safety Code § 11358: Cultivation of Marijuana.
For the crime of cultivation of marijuana, the elements are:
(1) You planted or cultivated a marijuana plant; AND
(2) You knew it was a marijuana plant; AND
(3) The cultivation was not immunized by law.
The prosecution needs to be able to prove each and every one of the elements of an offense beyond a reasonable doubt in order for you to be convicted at trial. If the prosecution cannot prove even just one element beyond a reasonable doubt, the jury is required by law to find a not guilty verdict. It is for this reason that an understanding of all of the elements of an offense is critical to preparing a defense for your case.
A case for cultivation of marijuana can range from someone growing marijuana in their backyard to someone operating a warehouse with a large number of marijuana plants.
If you have a physician’s recommendation to use marijuana, and you were cultivating a reasonable amount for personal use, then you would have a defense to the charge.
Cultivation of marijuana is a felony offense. If convicted, you can be sentenced up to three years in State prison.
The primary defense to a cultivation of marijuana charge is that the cultivation was for legal medical purposes. It is also possible that Fourth Amendment violations were committed during the search and seizure, in which case the evidence could be suppressed.
It is highly recommended that you consult with a criminal defense attorney as soon as you are aware of an investigation into you or charges have been filed against you.
- Law Office of Thomas M. HuguenorFounding Member, 1975 - present
4225 Executive Square, Suite 270 La Jolla, CA 92037
Since graduating from law school in 1972, Thomas M. Huguenor has dedicated his entire career to fighting for the rights of client’s dealing with Family Law cases. For more than four decades, he has built an outstanding reputation as one of San Diego’s leading divorce and child custody attorneys, earning certifications, awards and distinctions along the way.
Today, the Law Office of Thomas M. Huguenor focuses exclusively on providing aggressive, high-quality legal representation in Family Law courtrooms throughout San Diego County.
- California Western School of Law1968 - 1971