Section 11358 - Punishment for planting, cultivating, harvesting, drying, or processing cannabisEach person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law, shall be punished as follows:
(a) Each person under 18 years of age who plants, cultivates, harvests, dries, or processes any cannabis plants shall be punished in the same manner provided in paragraph (1) of subdivision (b) of Section 11357.(b) Each person at least 18 years of age but less than 21 years of age who plants, cultivates, harvests, dries, or processes not more than six living cannabis plants shall be guilty of an infraction and a fine of not more than one hundred dollars ($100).(c) Each person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.(d) Notwithstanding subdivision (c), a person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants, or any part thereof, except as otherwise provided by law, may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if any of the following conditions exist: (1) The person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.(2) The person has two or more prior convictions under subdivision (c).(3) The offense resulted in any of the following:(A) Violation of Section 1052 of the Water Code relating to illegal diversion of water.(B) Violation of Section 13260, 13264, 13272, or 13387 of the Water Code relating to discharge of water.(C) Violation of Section 5650 or 5652 of the Fish and Game Code relating to waters of the state.(D) Violation of Section 1602 of the Fish and Game Code relating to rivers, streams, and lakes.(E) Violation of Section 374.8 of the Penal Code relating to hazardous substances or Section 25189.5, 25189.6, or 25189.7 of the Health and Safety Code relating to hazardous waste.(F) Violation of Section 2080 of the Fish and Game Code relating to endangered and threatened species or Section 3513 of the Fish and Game Code relating to the Migratory Bird Treaty Act, or Section 2000 of the Fish and Game Code relating to the unlawful taking of fish and wildlife.(G) Intentionally or with gross negligence causing substantial environmental harm to surface or ground water, public lands, or other public resources.Ca. Health and Saf. Code § 11358
Amended by Stats 2023 ch 504 (SB 753),s 1, eff. 1/1/2024.Amended by Stats 2017 ch 27 (SB 94),s 123, eff. 6/27/2017.Amended by Proposition 64, approved by the voters at the 11/8/2016 election.Amended by Stats 2011 ch 39 (AB 117),s 68, eff. 6/30/2011.Amended by Stats 2011 ch 15 (AB 109),s 160, eff. 4/4/2011, but operative no earlier than October 1, 2011, and only upon creation of a community corrections grant program to assist in implementing this act and upon an appropriation to fund the grant program.