Possession of Marijuana – California HSC 11357
Both the Federal government and the State of California mandate that almost all possession and cultivation of marijuana is illegal. When facing charges for possession of marijuana, you should speak to an experienced and skilled South Pasadena marijuana criminal defense lawyer who can help you with overzealous police and prosecutors and guide you through the criminal justice process.
Marijuana Possession for Personal Use is a Misdemeanor
Possession of one ounce or less (28.5 grams) of marijuana is a minor offense. Under the law it is considered a misdemeanor with a punishment of $100 with no prison time. Possession of more than one ounce of marijuana, however, is punishable by up to six months in jail or a fine of $500, or both. Regardless of the amount, a personal use conviction creates a criminal record that can interfere with a person’s ability to secure employment or other benefits.
Proposition 36 is a drug diversion program offered in California for those who qualify. Under this program, a person convicted of marijuana possession can prevent a conviction if the offender completes a treatment program instead of jail time. Upon successful completion of the program, the case is dismissed. The offense will not be on the criminal record of the person charged. Possession offenses are expunged from the record after two years.
A South Pasadena marijuana criminal attorney can tell you if you qualify for the Proposition 36 drug diversion program.
Possession of Marijuana Paraphernalia
It is illegal to possess marijuana paraphernalia, even if there is no marijuana in the item. The penalty is a misdemeanor.
Marijuana Possession for Sale is a Felony
Possession of marijuana with the intent to sell the drug is a felony. It does not matter the amount that is sold. All sales are considered a felony under Health and Safety Code 11359. Even if law enforcement does not witness a sales transaction, prosecutors often charge possession for sales based on circumstantial evidence such as large quantities of marijuana or cash, scales, Baggies or lack of marijuana paraphernalia.
The sale, transportation or distribution of marijuana in California is a felony under Health and Safety Code 11360 and is punishable by up to four years in California state prison.
Medical Marijuana
Under Proposition 215, patients under medical care and their primary caregivers may possess and cultivate marijuana. The patient or caregiver must have written approval from a physician, though obtaining an actual county-issued marijuana health card is preferred. The marijuana may not be distributed or sold.
Get Help With Your Possession of Marijuana Charge
South Pasadena criminal drug defense lawyer Daniel V. Cota has been putting his experience to work for years in marijuana possession cases and may be able to help you if you find yourself charged with a marijuana possession crime. At Daniel V. Cota & Associates, P.C., Attorney Cota will build a personalized defense for the specific facts of your case. To schedule a free consultation with a dedicated and experienced South Pasadena criminal lawyer, contact Daniel V. Cota & Associates, P.C. toll free at 800.351.6860.