If you cultivate a single controlled plant for supply (which includes distributing or offer) to another, or have greater than 5 plants, then you will have to go to court. Remember, if you have more than 10 plants, you are deemed to have a trafficable quantity and will have to prove you did not cultivate or possess them for sale.
If you cultivate greater than 20 plants (including clones) then your matter may have to be heard in the Central District Criminal Court where higher penalties exist.
Generally, cultivation is the growing and tending of the plants, and once harvesting occurs the product is considered to constitute possession. That can lead to unfair outcomes in our view. At Woods & Co we are experienced in negotiating favorable outcomes for our clients.