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: (

a) Each person under years of age who plants, cultivates, harvests, dries, or processes any cannabis plants shall be punished in the same manner provided in paragraph (1) of subdivision (

b) of

Section 11357. (

b) Each person at least years of age but less than years of age who plants, cultivates, harvests, dries, or processes not more than six living cannabis plants shall be guilty of an infraction and a fine of not more than one hundred dollars ($100). (

c) Each person 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 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 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 of the Penal Code or for an offense requiring registration pursuant to subdivision (

c) of

Section 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 of the Water Code relating to illegal diversion of water. (

B) Violation of

Section 13260, 13264, 13272, or of the Water Code relating to discharge of water. (

C) Violation of

Section or of the Fish and Game Code relating to waters of the state. (

D) Violation of

Section 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 of the Fish and Game Code relating to endangered and threatened species or

Section of the Fish and Game Code relating to the Migratory Bird Treaty Act, or

Section 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 surface or ground water, public lands, or other public resources.