Bill Text: CA AB1725 | 2021-2022 | Regular Session | Introduced
Bill Title: Illegal cultivation of cannabis.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-03-15 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1725 Detail]
Download: California-2021-AB1725-Introduced.html
Introduced by Assembly Member Smith |
January 27, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11358 of the Health and Safety Code is amended to read:11358.
Each 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:(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 public lands or other public resources.