Los Angeles Marijuana Defense LawyersMarijuana ChargesCalifornia law prohibits marijuana possession for personal use, sale or transportation of marijuana, marijuana cultivation and possession of marijuana with intent to sell. Some marijuana charges are misdemeanor offenses, but others are felonies with the potential for harsh penalties. Marijuana PossessionSection 11357 of the California Health & Safety Code prohibits the possession of marijuana for personal use. This offense is a misdemeanor with a possible penalty of a $100 fine as long as you do not have more than an ounce of marijuana in your possession. If you have more than an ounce of marijuana (more than 28.5 grams), the possible penalties include a fine of up to $500, up to six months in jail, or a combination of fines and jail time. Even a misdemeanor marijuana possession conviction creates a criminal record, so anyone facing this charge should consult an attorney for guidance. An attorney may be able to arrange for someone charged with marijuana possession to enter a diversion program or complete drug treatment in lieu of spending time in jail. Sale and TransportThe sale, distribution or transportation of marijuana is a felony under section 11360 of the California Health & Safety Code. This offense carries a possible penalty of up to four years in state prison. Law enforcement officers conduct undercover investigations and monitor online sites for evidence of marijuana sales to gather evidence for this type of charge. Transporting one ounce or less of marijuana is a misdemeanor offense punishable by a fine not to exceed $100. Marijuana CultivationSection 11358 of the California Health & Safety Code prohibits the planting, harvesting, cultivating, drying and processing of marijuana. This offense is a felony punishable by a term in state prison. Because The Compassionate Use Act of 1996 allows California residents to cultivate marijuana for their own medical use, someone charged with marijuana cultivation may be eligible for a drug diversion program depending on the circumstances of the case. Possession with Intent to SellLaw enforcement officers do not have to prove that a marijuana sale took place in order to charge someone with possession with intent to sell. They use evidence such as the presence of weighing scales, lack of drug paraphernalia, large amounts of cash and marijuana packaged in baggies to prove intent to sell the drug. Under section 11359 of the California Health & Safety Code, possession with intent to sell marijuana is a felony. Medical MarijuanaCalifornia Proposition 215 allows patients under medical care to cultivate and possess marijuana for personal medical use. The patient must have the approval of a physician in writing, but a county-issued marijuana card offers additional protection from prosecution. Those with the right to cultivate and possess marijuana for medical use may not sell or give away the marijuana. Several conditions warrant the use of marijuana for medical purposes:
Unfortunately, some law enforcement officers make arrests without regard for the rights of those who have permission to use medical marijuana. Unmatched Legal Experience Working for YouIf you are facing a marijuana drug charge, contact one of our experienced Los Angeles marijuana defense attorneys at Takakjian & Sitkoff, LLP. We will work hard to defend your rights when faced with these serious charges. Call us at 1-866-790-5858 today for a free consultation regarding your case.
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Los Angeles Drug Crime Law Firm Disclaimer: The marijuana charges, marijuana possession, or other criminal defense information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results portrayed here were dependent on the facts of that case and the results will differ if based on different facts. Please contact a California drug offense defense lawyer or Los Angeles Drug Crime Defense Lawyers at our law offices located in Los Angeles and the greater Los Angeles areas. This web site is not intended to solicit clients for matters outside of the State of California.
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