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Marijuana Possession Laws in California
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Although California may be viewed as a more liberal state than others when it comes to marijuana possession, it is not uncommon for drug offenders to be given harsh sentences. As a matter of fact, some marijuana possession charges in California may entail long sentences in state prison. Even misdemeanor weed possession may result in time in jail and a permanent criminal record. (For cleaning of a criminal record, please visit the expungement page). An experienced California marijuana possession lawyer can be the difference in whether or not you go to jail and whether or not your record is tarnished.
Marijuana may be charged as a misdemeanor or a felony. And although possession of marijuana isn’t treated as harshly as many other controlled substances, it is still a crime to possess it, and still a crime to smoke it, especially without a medical marijuana license. If you are being accused of a misdemeanor possession charge, a criminal lawyer’s main objective in defending you should be to minimize any potential jail time and to aim for deferred adjudication. For more serious charges such as felony possession of marijuana, a criminal attorney is needed in order to formulate a comprehensive, aggressive and knowledgeable defense which covers every aspect of your case. A criminal defense attorney can aim for drug court, probation, community service, small fines, dismissals, reduction of charges and many other favorable outcomes under the specific circumstances. That is why hiring a drug possession attorney immediately is so crucial.
Contact us for a free case evaluation and consultation on your marijuana possession charges at any time.
Potential Penalties for Marijuana Possession Charges in California
Under California law, less than one ounce of marijuana possession is considered a misdemeanor offense. Although this is a relatively minor offense for first time offenders, according to the California Marijuana Possession Laws (Health & Safety Code HS 11357 B), you are still risking a permanent criminal record, fines and other penalties such as probation or community service. Consequences of having a criminal conviction on your record can be very severe. If you have a criminal conviction on your record, it can effect your long term career opportunities, and your future. It will appear on any background check done by an employer looking to hire you. The penalty/sentence for simple possession of marijuana is typically a fine for first time offenders. Although there are never any guarantees in regards to a criminal case’s outcome, there is generally no risk of jail time for a first offense. However, for repeat offenders the stakes are high, and the retention of a criminal defense attorney become that much more crucial.
Defense to Misdemeanor Possession of Marijuana:
There are many defenses that a criminal defense attorney can help you with. A great option is an informal diversion program which allows you to bypass a plea bargain if you satisfy specific terms of an informal agreement. For example, you would attend a drug treatment program or narcotics anonymous class, and possibly work some community service and pay some fines. In exchange for this agreement, the case is dropped without ever being prosecuted. This would enable you to keep your record clean. There are also formal diversion programs which focus on drug treatment programs instead of actual punishment and jail time. A good criminal lawyer would request that the case be heard in a California drug court, or request proposition 36, and/or Deferred Entry of Judgment. Typically, these deals result in a dismissal of the charges after successfully agreeing to treatment and any other terms.
It is important to note that according to California Health & Safety Code HS 11357C, possession of more than one ounce of marijuana for personal use is also a misdemeanor charge. The penalties are usually more sever, as you can be placed in jail for up to 6 months and face heavier fines, and longer probation, if you are found guilty. Again, you must seriously considering hiring a skilled marijuana possession attorney to defend you.
Felony Marijuana Possession with Intent to Sell
According to California Health & Safety Code 11359, possession with intent to sell marijuana is a felony, regardless of how much marijuana you actually possessed. To be found guilty of this crime it must be proven that you had the intent to sell the marijuana. A good criminal defense attorney would look into defenses such as the lack of a scale, baggies, or large amounts of cash to prove you were not dealing the drugs. If you are found guilty of possession with intent to sell in California, you may be facing up to 3 years in state prison. If you are actually accused of selling marijuana the penalties are extremely worse. You will be charged with a felony and you may be facing up to 4 years in state prison according to California Health & Safety Code 11360.
No matter what charge you are facing, there are many defense options that a criminal lawyer can utilize to protect you. If this is a first offense marijuana possession / drug charge and you are facing potential prison time you may be able to avoid incarceration through one of several programs in California. With the aid of an experienced criminal defense attorney, you can request one of the following alternatives to incarceration:
Proposition 36: One year of drug treatment. The level of your treatment (inpatient, halfway house, outpatient, etc) to be determined by an expert from the Department of Health.
Drug Court: One year program in which you participate in counseling, random drug testing, 12 step programs, and judicial reviews.
Deferred Entry of Judgment: In this diversion program, you plead guilty and go through 6 months of treatment. After remaining arrest-free for an additional 12 months, the case is dismissed.
Facing any criminal drug possession charges can be extremely stressful. Our criminal attorneys understand what you are going through and we will guide you and serve you every step of the way. Please contact us for a FREE and CONFIDENTIAL consultation immediately.
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