Illegal Possession of Marijuana
Are you facing an illegal possession of marijuana charge in California? Get in touch with a California illegal possession of marijuana attorney who will work hard on your case.
Even though marijuana is legal in some instances in California, you could still be breaking the law if you deal with the drug in certain ways. If you’re contending with illegal possession of marijuana charges, then you’ll need to learn more about your charges and what you can do to fight them – including hiring an experienced attorney, who is going to fight for you all the way.
What Is Illegal Possession of Marijuana?
Illegal possession of marijuana means that you possessed marijuana in a way that was breaking the law, such as having it on you even though you were too young to have it, or possessing more than the legal amount. It’s illegal to possess more than 28.5 grams, or about one ounce, of marijuana or more than eight grams of concentrated cannabis, for instance.
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Proving You Committed Illegal Possession of Marijuana
The prosecutor has to prove that you knew you were in illegal possession of marijuana in order for their charges to go through. They’re going to bring in evidence to support their case to try to prove this beyond a reasonable doubt.
Penalties for Illegal Possession of Marijuana
There are different penalties for illegal possession of marijuana in California depending on the circumstances surrounding the crime. If a person under 21 years of age is in possession of marijuana, this is an infraction punishable by a fine of up to $100 and required drug counseling and community service.
Possession of more than the legal recreational limit could result in a misdemeanor charge and include up to six months in county jail and up to a $500 fine. If you’re 18 and over, possessing marijuana on K-12 school grounds could result in a misdemeanor charge and up to $250 in fines, while defendants under 18 could receive an infraction that includes drug counseling and community service.
Cultivating marijuana illegally will typically lead to a misdemeanor charge with a penalty of up to six months in county jail and/or a fine of up to $500. These could become felony charges if someone has a serious violent felony on their record, they have two or more prior convictions of illegal cultivation on their record, or they are a registered sex offender.
Possession with intent to sell may result in a misdemeanor charge with penalties of up to six months in county jail and a fine of up to $500. Typically, the unlicensed transport or sale of marijuana is punishable by up to six months in county jail and/or a maximum fine of $1,000.
Anyone who is 18 years or older and sells to a minor could be charged with a felony. If the minor is under 14 years of age, this could result in three, five, or seven years in state prison. If the minor is over 14 but less than 18 years of age, the defendant could spend three, four, or five years in state prison.
If you are caught driving with marijuana, this is an infraction and punishable by up to a $100 fine. Defenses to marijuana crimes include having the legal right to possess the drug as well as illegal search and seizure.
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Defending Yourself Against an Illegal Possession of Marijuana Charge
When defending yourself against these charges, you can say you didn’t know you were in illegal possession of marijuana. Perhaps you thought you had below the legal limit, or you didn’t know it was in your pocket or in your car. Someone may have left the marijuana in your house, for instance, but you had no idea. The police may have accidentally thought that the marijuana was yours, but it was actually someone else’s; this could be another defense. If the police conducted an illegal search or seizure, than that is a defense as well. They need to have a valid warrant to do a search, and if they didn’t have one, then the charges could be invalid.
Contact California Illegal Possession of Marijuana Attorney CBS Law
If you are being charged with illegal possession of marijuana, then reach out to a California illegal possession of marijuana attorney who will fight for you, no matter what.
Want to learn more about what CBS Law can do for you? Then contact us for your free 60-minute consultation by calling (213) 600-0972 or getting in touch on our website. CBS Law is here for you 24/7, and we’ll work hard on your case to ensure justice is served. We are looking forward to helping you with your illegal possession of marijuana charge in California.
Do NOT speak to law enforcement or investigators about your illegal possession of marijuana charge, as that information can and will be used against you in a court of law.
Christopher J. Bou Saeed Founding Attorney of CBS Law