Can a defendant be charged with cultivation or possession for sale?

California, United States of America


The following excerpt is from People v. Rose, C076696 (Cal. App. 2015):

11362.765 does not mean a defendant cannot "be charged with cultivation or possession for sale on any basis; to the extent he went beyond the immunized range of conduct, . . . he would, once again, subject himself to the full force of the criminal law." (See People v. Mentch, supra, 45 Cal.4th at p. 292.)

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