California Health and Safety Code Section 11358(d)(1)-(2)
(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:
(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) – [NOTE refers to HSC 11358(c)]
What does this mean? Cannafornian Home Growers may face up to 3 years of Jail Time for growing more than 6 plants if:
(1) They were convicted of a serious felony as listed in Penal Code 667 (think felony and violence punishable by death) or is a sex offender.
(2) Have been caught twice growing more than 6 plants.
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