Under California Health and Safety Code 11357 HS, it is prohibited to possess marijuana for personal use, except of as authorized by law.
Possession might be whether “actual” or “constructive”. “Actual possession” requires that an offender knowingly exercise direct physical control over substance. “Constructive possession” does not mandate actual possession but does require that the person knowingly exercise control (direct or through another person(s)) over substance or the authority possessing the marijuana.
In order to convict the offender, the prosecutor must prove the following facts:
1. The defendant possessed this specified control substance;
2. The defendant knew that it was marijuana;
3. The defendant understood the substance were built with a narcotic character;
4. The defendant possessed enough marijuana for use.
You can use various defense mechanisms for California Marijuana Possession charges. An experienced attorney will help you to reduce or dismiss charges for DUI Marijuana in California and start a new life. If you possessed medical marijuana, it will be the best option for you. However, various situations can occur. Example: an unknown put something into your pocket, you did not know that it was drug, and there was no control over the substance. Thus, the crucial thing is to understand the particularities of the case in order to have relevant defense.
Nonetheless, California Health and Safety Code Section 11357 sets forth severe penalties for breaking marijuana laws. In order to better understand the incrimination of the crime depending on the amount of marijuana and the personality of the offender, we invite you to have a look at the following table:
|Punishment for Marijuana Possession|
|MisdemeanorNo jail time$100|
|Adult on School Grounds (w/the above)||Misdemeanor||10 days||$500|
|Minor on School Grounds (w/the above)||Misdemeanor||No jail time||$250|
|>28.5 grams||Misdemeanor||6 months||$500|
|Any Amount of Concentrated Cannabis||Wobbler||Up to 1 year||$500|
In addition, there are different drug diversion programs in California. They give a chance to nonviolent offenders to face treatment and education programs instead of jail time and a criminal record. If you are California marijuana laws offender, you can benefit from the following programs depending on the particularities of your case:
– Deferred Entry of Judgment or DEJ (California Penal Code 1000 PC)
– Proposition 36 (California Penal Code 1210.1 PC)
– Drug Court (California Penal Code 1000.5 PC)
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. If you have faced accusations of marijuana possession, it is essential to contact an experienced California defense attorney who will provide legal assistance to you. Each defense will be developed upon the facts of your individual case. Do not hesitate to contact us. You will get your legal assistance as soon as you contact us. We handle every aspect of your case, from the first step to the very last court hearing.
You may file your request online, by telephone or by mail. 818-553-1000
California Marijuana Laws
Possession of Marijuana (Health & Safety Code 11357(b))
Possession of Marijuana While Driving (Vehicle Code 23222)
Marijuana Possession for Sale
California Drug Diversion Programs