Legal Question in Criminal Law in California

Re: caught with 64 marijuana plants please help

Your question isn't so easy to answer unless your b.f. has been charged already. Because of the large number of plants he may be charged with cultivation rather than possession, in which case he wouldn't be able to get diversion. If he is a medical marijuana provider then he may have a defense to the cultivation charges. Because there is a gun with the drugs, depending on where the gun was found will depend on whether the gun can be used as an enhancement to the cultivation charges, meaning that it can possibly increase the penalties. Cultivation is a felony and a gun enhancement could add a few years to the potential sentence. Your b.f. should really talk to a lawyer before he goes to court. If he doesn't have the funds to hire a lawyer the court will appoint a public defender for him.

Please call if you have more specific questions.

Elena Condes