5 min read
Getting accused of an illegal Cannabis grow isn’t like getting pulled over with a small amount in your pocket—cultivation cases can escalate fast, especially when law enforcement believes the operation is unlicensed, over the legal plant limit, or tied to aggravating factors. In Roseville and throughout Placer County, an Arrest for cultivation or processing can lead to serious consequences, including a Felony filing in certain situations. If you or someone you love is booked into jail after a cultivation case, understanding the charge and how a Bailbond works can help you take the next step with confidence and urgency.
This blog explains what HS 11358 covers, what makes PC 11358(d)(1) Felony-level exposure possible, what typically happens after an arrest, and how a Bail Bondsman—including Bail House Bail Bond—can help someone get released while the case moves forward.
California Health and Safety Code Section 11358 makes it illegal to plant, cultivate, harvest, dry, or process cannabis plants (or any part of them)—except as otherwise provided by law. Leginfo
A lot of people hear “cultivation” and think it only means growing plants in the ground. But the statute is broader. “Processing” in this context can include steps like drying and preparing cannabis plants after harvest. Leginfo
The most important detail is the plant count and the person’s circumstances. Under HS 11358:
People under 18 are handled differently under cross-referenced law. Leginfo
People 18–20 who cultivate not more than six living cannabis plants face an infraction and up to a $100 fine. Leginfo
People 18 or older who cultivate/process more than six living cannabis plants can face up to six months in county jail and/or a $500 fine (this is the baseline rule). Leginfo
So why do people talk about felony cultivation? Because HS 11358 also includes an “aggravated” pathway.
HS 11358 includes a section that says: even though the baseline punishment for more than six plants is usually misdemeanor-level, a person may be punished under Penal Code 1170(h) (a felony sentencing framework) if certain conditions exist. Leginfo
One of those conditions is HS 11358(d)(1):
If the person has one or more prior convictions for certain extremely serious offenses (often referred to as “super strike” offenses) or has a prior offense requiring sex offender registration under Penal Code 290(c). Leginfo
In plain language: HS 11358(d)(1) is the “prior serious offense / registration” trigger. If the state believes someone grew/processed more than six living cannabis plants, and the person has the specified prior history, prosecutors may treat the case as a Felony rather than a simple misdemeanor filing. Leginfo
Important note: cultivation cases can also become felony-level under other parts of subsection (d), including certain environmental or hazardous-waste harms. Leginfo But because your topic is (d)(1), this blog is focused on the prior-conviction pathway.
Cultivation investigations rarely stay “small.” Once officers suspect a grow is illegal, the case can expand into related allegations such as:
Unlicensed commercial activity
Power theft or unsafe wiring
Child endangerment (if minors are present)
Weapons allegations
Environmental or code violations
“For sale” indicators (packaging, scales, large inventory, accounting ledgers)
In Placer County, law enforcement has historically emphasized large, unlicensed grows as illegal, and investigations can involve surveillance, warrants, and coordinated enforcement actions. KCRA
Depending on the location and circumstances, the investigating agency could include the Placer County Sheriff (and/or city police). If the Sheriff’s Office is involved, their reports and evidence collection can strongly shape what the District Attorney decides to file.
A cultivation-related Arrest tends to follow a familiar sequence:
The person is brought to jail, fingerprinted, photographed, and formally booked. Property is inventoried, and the case is entered into the system.
Officers submit a report and evidence. Prosecutors decide what to file—sometimes the initial booking charge changes once the District Attorney reviews the facts.
Depending on the charge level and the person’s history, bail may be set by schedule or reviewed by the court. In felony-level cultivation cases, bail is often higher than people expect, because prosecutors may argue community-safety or flight-risk factors—especially if they believe the operation was commercial.
The first court appearance typically includes reading the charges, entering a plea, and setting future dates and conditions.
This is where a lot of families feel overwhelmed: the legal process starts moving, and the person is sitting in custody while everyone scrambles to figure out how to get them home.
Bail is essentially a financial guarantee that someone will appear in court. Paying full bail out-of-pocket can be unrealistic for most families—especially on short notice.
That’s where a Bailbond can help.
A Bail Bondsman posts the bond so the defendant can be released from custody while the case continues. Instead of paying the full bail amount, the family typically pays a portion (the bond premium) and agrees to follow the bond’s rules—especially returning to all court dates.
If someone is arrested in Placer County and the case is tied to HS 11358(d)(1) Felony allegations, working quickly matters. The sooner bail is addressed, the sooner the person can get back to work, family, and preparing their defense.
Even when the arrest sounds serious, the outcome can hinge on details. Common “pressure points” in cultivation cases include:
The statute uses “more than six living cannabis plants.” Leginfo
How plants are counted—and whether items were actually living plants—can matter.
Was the person the resident? A visitor? A renter? An employee? Cultivation cases often depend on proving knowledgeand control of the operation.
The law includes drying and processing. Leginfo
But the defense may challenge whether the activity actually meets the legal definition, or whether the evidence ties the person to that activity.
For subsection (d)(1), the felony exposure depends on the specified prior history. Leginfo
If that prior history isn’t accurately alleged or proven, the felony pathway may not apply.
Cultivation cases often rely on warrants. If a search was unlawful, a defense attorney may challenge the evidence and potentially suppress it.
(This blog is general information, not legal advice. A defense attorney should evaluate the facts of any specific case.)
If you’re dealing with a Felony cannabis cultivation arrest in Roseville or anywhere in Placer County:
Don’t discuss the facts of the case on jail phones (calls may be recorded).
Don’t contact witnesses or co-defendants—that can create new problems.
Gather basic info: full name, booking location, charges, bail amount, court date.
Move quickly on release so the person can help their attorney prepare.
Work with a trusted Bail Bondsman to post a Bailbond and explain the next steps clearly.
Not always. HS 11358 applies “except as otherwise provided by law,” and it focuses heavily on age and plant limits—especially when someone grows more than six living plants. Leginfo Local rules can also affect what’s allowed.
If someone 18+ grows/processes more than six living cannabis plants, prosecutors may seek felony punishment when the person has certain prior convictions (very serious prior offenses) or a prior requiring sex offender registration under PC 290(c). Leginfo
Yes—HS 11358 explicitly includes “dries, or processes” cannabis plants. Leginfo
It depends on booking speed, bail amount, and release procedures. A Bail Bondsman can often help move the Bailbondprocess forward quickly once bail is set.
In general, it’s safer to speak with an attorney first. Cultivation cases can involve multiple potential allegations, and statements can be misunderstood or used later.
When someone is in custody, people don’t just want “a bond.” They want a team that answers the phone, explains things plainly, and moves fast.
Bail House Bail Bonds stands out because they focus on what families in real situations need most:
Speed and reliability when time matters (nights, weekends, and holidays included)
Clear, non-judgmental communication so you understand the Bailbond process without added stress
Experience with local procedures connected to Placer County cases
Professional discretion—because cannabis-related arrests can feel personal and sensitive
Support through the process, not just at the moment of payment
If your loved one was arrested and you need a dependable Bail Bondsman to help bring them home, Bail House Bail Bonds is the kind of agency that prioritizes urgency, respect, and straightforward guidance—especially when a Felony is involved.
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