Marijuana, pot, cannabis, mary jane, ganja, or weed could be legal for adults in California. However, you could still face a criminal charge for a marijuana offense or any other related offense like driving under the influence of drugs. Undoubtedly, being under arrest or investigation for any alleged criminal offense can be a stressful experience, even if you are confident that you are innocent.
That is why it is vital to have a defense attorney on your side for necessary legal advice and representation in the legal justice system. Experienced and aggressive attorneys at California Criminal Lawyer Group know how to counter marijuana charges at every stage of the criminal justice system.
Our attorneys are here for you if you or someone close to you is under investigation or arrest for a marijuana charge in Santa Ana. We will not stop at anything until we achieve the best possible outcome on your alleged charge.
Marijuana Laws in a Nutshell
Initially, marijuana use was only lawful for medical purposes only following voter approval of Proposition 215 (Prop 215), also known as the CUA (Compassionate Use Act), in 1996. According to Health and Safety Code (HS) 11362.5, which further explains the CUA, people with particular medical conditions can legally use medical marijuana as long as their doctor recommends it for treatment.
These medical conditions include (but are not limited to):
- Cancer
- Aids
- Migraines
- Arthritis
- Seizures
Two decades after the enactment of the CUA, voters approved Prop 64, also known as the Adult Use of Marijuana Act (AUMA), legalizing cannabis for recreational or leisure use as long as you are over 21 years old.
According to this law, anyone who is twenty-one (21) years or above can purchase, consume and possess not more than 28.5 grams or an ounce of marijuana or pot in his/her private residence or any establishment legally licensed for marijuana use or consumption.
Under this law, you can also legally grow not more than six (6) marijuana plants in your residence for personal use. Although marijuana is legal under these conditions, it is still a crime under federal law that can make you subject to prosecution and severe penalties upon conviction.
It is wise to talk to a defense attorney for relevant legal advice on what you are up against following an arrest for a marijuana offense or related offense. An experienced attorney will answer some of your questions and protect your interests.
A Brief Overview of Marijuana Laws that You Ought to Know
Although AUMA legalized non-medicinal use, purchase, and possession of marijuana, it did not remove other statutes relating to marijuana. Instead, the implementation of this act has only allowed a few adjustments regarding how police, prosecutors, and judges should treat particular marijuana crimes and related offenses.
Discussed below are some of the marijuana statutes that you ought to know and the penalties you could be subject to following a conviction at trial for violating or “breaking” any of them:
Possession of Cannabis for Personal Use (HS 11357)
Generally, it is unlawful to possess specific amounts of marijuana in California unless a physician or a doctor legally authorizes you to for medical reasons. According to section 11357 of the Health and Safety Code (HS), possession of cannabis could make you subject to an infraction or misdemeanor charges and penalties, depending on the following factors:
- Your age
- The amount you had
- Other circumstantial evidence surrounding your unique case
Typically, explained below are some of the charges and consequences you could be subject to for unlawful possession of cannabis:
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Possession of Concentrated Cannabis (HS 11357(a))
Unless you have a legal reason to use medical marijuana, possession of more than eight (8) grams of concentrated marijuana is illegal. Typically, possession of concentrated cannabis is a severe crime in the eyes of the law because it contains high levels of THC (tetrahydrocannabinol), which is the primary psychoactive element in cannabis that makes you “high.”
According to HS 11357(a), possession of concentrated cannabis products, including hashish, wax, extracts, cannabis oils, dabs, rosin, or honey oil, is prosecutable as a wobbler offense if you are over 18 years old. Typically, a wobbler is an offense that can be charged as a misdemeanor or felony, depending on your unique case facts and circumstances.
When charged as a felony, a conviction for HS 11357(a) violation will attract not more than three years in the state prison and a fine not exceeding $10,000. However, when charged as a misdemeanor, a conviction for HS 11357(a) violation will attract:
- Up to six (6) months jail term
- A maximum fine of $500
It is also worth noting that possession of concentrated cannabis is an infraction offense for anyone under 21 years of age, regardless of the amount. In this case, a conviction will make you subject to community service and drug counseling if you are under 18. However, if you are over 18 years of age, you could be subject to a fine amounting to up to $100.
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Possession of Less than an Ounce of Dried Cannabis (HS 11357(b))
As stated above, possession, purchase, and consumption of cannabis not exceeding an ounce or 28.5 grams will not land you in trouble with the law as long as you are an adult aged 21 years and above. However, someone under 21 years of age will face criminal charges for possession of marijuana weighing less than an ounce.
According to section 11357(b) of the Health and Safety Code, possession of not more than 28.5 grams of cannabis is an infraction offense if you are under 21. Like any other criminal offense, the prosecutor presiding over your case must prove certain elements convincingly to prove you guilty of HS 11357(b) violation. These elements include:
- You had possession of non-medical cannabis in your apartment, vehicle, or person
- The substance you had in possession was cannabis
- You knew of its availability or presence
- You knew this substance was unlawful or a controlled drug substance
- The quantity of the substance you had did not exceed an ounce
Below are some of the penalties you could be subject to upon conviction for HS 11357(b) violation as an under 21:
- A fine of not more than $100 if your age is between 18 to 20 years
- A civil fine of not more than $100, community service, and mandatory counseling for defendants below the 18 years of age
Although the purpose of the juvenile justice system is to rehabilitate a minor for wrongdoing, it is wise to consult a defense attorney if your daughter or son is under arrest for HS 11357(b) violation for an appealing verdict.
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Possession of More than 25.8 Grams of Cannabis (HS 11357(c))
Possession of marijuana or cannabis exceeding the legal limit is a crime, regardless of your current age. According to HS 11357(c), possession of marijuana exceeding an ounce is a misdemeanor offense. It is worth noting that having the substance in your “possession” means it was within your control or reach.
For instance, the substance in question could be in your apartment, house, or person. To secure a conviction against you for HS 11357(c) violation at trial, the prosecutor with jurisdiction over your case must prove all the elements listed above for HS 11357(b) violation convincingly.
However, he/she should also provide evidence to prove that the amount you had at the time of the arrest exceeded the legal limit of 25.8 grams. Upon conviction for this offense at trial, you should anticipate the misdemeanor consequences listed below if you are an adult aged 18 years or above:
- A fine not exceeding $500
- Up to six months jail term
However, for anyone below 18 years, the juvenile justice system will treat his/her case as an infraction, carrying the following potential penalties upon conviction:
- Community service
- Compulsory drug counseling
It is worth noting that the above penalties could increase if particular aggravating issues exist in your case, regardless of whether you are over 18 or under 18. These aggravating issues or factors include (but are not limited to):
- Possession of hashish or any other product of concentrated marijuana
- Possession of marijuana on the grounds of a school
Possession of Marijuana for Sale (HS 11359)
When the police arrest you with more than an ounce of marijuana, you could be subject to possession of marijuana for sale, which is unlawful under HS 11359. Possession of more than an ounce or 25.8 grams of marijuana could mean you had the intent to distribute or sell it for cash, goods, services, or other favors.
Unfortunately, the quantity of the marijuana alone and the arresting officer’s testimony are enough to prove that you had the intent to sell it in violation of HS 11359. Other evidence the prosecutor could need to convince the judge beyond a reasonable doubt that you are guilty of HS 11359 violation include:
- The packaging of the substance was in small containers or baggies
- You had multiple cell phones, scales, and a large amount of ready cash in your vehicle, home, or in your person
- You have a criminal background for the sale of unlawful or controlled drug substances
Possession of cannabis for sale is typically a misdemeanor offense, but the prosecutor could file your case as a felony under particular circumstances. A conviction for possession of marijuana for sale is a misdemeanor carrying the following potential penalties:
- Up to six months jail term
- A fine not exceeding $500
Below are some of the circumstances that can aggravate your case to a felony:
- You have a past criminal record for severe or violent crimes, including murder, robbery, or rape
- You have two (2) or more past convictions or counts for HS 11359 violation
- The useable quantity of marijuana you had in your possession was in connection or associated with the sale or attempted sale to a minor knowingly
A conviction for HS 11359 as a felony will attract more severe penalties, including:
- Up to three (3) years of incarceration in the county jail
- Up to $10,000 fine
Marijuana Cultivation (HS 11358)
According to Proposition 64 or Prop 64, an adult aged 21 years or above can cultivate up to six marijuana or cannabis plants in his/her private residence. However, you have to grow these plants indoors, where other people cannot see them and minors cannot access them.
Also, if you share a house or apartment with your spouse or wife, cultivating cannabis plants that exceed the legal limit will attract criminal charges. That means you cannot grow or plant twelve (12) cannabis plants in your shared house just because you live together.
If you are under 21, it is still a crime to cultivate any amount of cannabis plant. A conviction for the offense of marijuana cultivation as an under 18 will attract the following potential consequences:
- Perform community service
- Enroll in a drug counseling program
However, for anyone aged 18 and over but under 21 years of age, a guilty verdict for the offense of marijuana cultivation could make him/her subject to a fine not exceeding $100.
Typically, the cultivation of more than six plants of marijuana is a misdemeanor that can attract a fine of up to $500 and up to six months in jail. According to HS 11358, the cultivation of cannabis plants exceeding the legal limit can also be charged as a felony if any of the following is true:
- You have severe or violent felonies on your criminal background
- You had to violate an environmental law during your cannabis cultivation activities
- You have two (2) or more past convictions for HS 11358 violation
If your marijuana case is a felony, you should expect the following potential penalties upon conviction:
- Up to $10,000 fine
- Up to three (3) years imprisonment in the state prison
For the sake of this statute, to “cultivate” means to harvest, grow, process, or sundry cannabis or any part of this plant. To stay on the safe side of the law, if you are under investigation or arrest for an alleged marijuana cultivation offense, you should hire an attorney to represent your best interests during the prosecution process for a less severe charge or dismissal of the entire case.
Sale, Transportation, Importation, or Distribution of Cannabis (HS 11360)
According to the marijuana legalization statute, you can lawfully sell commercial cannabis if you have a proper license to do this business. If you want or intend to start a commercial cannabis business, you can obtain this license through the Bureau of Marijuana Control.
Otherwise, without a proper or legal license, the sale, transportation, importation, or distribution of cannabis will be illegal under HS 11360. In most cases, unlicensed sale or transportation of marijuana with intent or motive to sell will attract misdemeanor penalties, including:
- Up to six (6) months of custody in the county jail
- Up to $1,000 maximum fine
If you are below 18 years, the juvenile court will treat your case as an infraction which can result in the following potential consequences:
- Community service
- Mandatory drug counseling
It is also worth noting that the sale or transportation of cannabis with the intent or motive to sell or distribute it without a valid license is also chargeable as a felony if the following is true:
- You are a registered sex offender
- You knowingly sold or attempted to sell, give away or furnish cannabis to a minor
- You have two (2) or more past convictions for HS 11360 violation
- You have past convictions for a violent felony like murder, rape, robbery, or any other related severe offense
Typically, if you are guilty of HS 11360 violation as a felony, you should expect the following potential penalties:
- Detention in the state prison for up to four (4) years
- Up to $10,000 maximum fine
Unless the amount you were transporting was less than an ounce, you could be subject to the above penalties if you are guilty of HS 11360 violation at trial.
Selling Cannabis to a Minor (HS 11361)
According to HS 11361, selling marijuana or cannabis to a minor is a crime. As mentioned above, a minor is someone who has not reached the statutory age of majority (18 years). Despite the enactment of Prop 64, which partially legalized marijuana, this law remains unchanged.
Section 11361 of the Health and Safety Code also makes it a severe felony offense to unlawfully use a minor to do any of the following regardless of the marijuana amount:
- Peddle
- Furnish
- Administer
- Transport
- Sell
- Carry
- Prepare for sale
Any criminal offense involving a minor can attract severe penalties upon a conviction to deter people with these kinds of habits. Typically, a conviction for HS 11361 violation at trial will make you subject to up to seven (7) years in the state prison if the child involved was below 14 years at the time of the offense.
However, if the child involved is above 14 years, but below 18 years, you could serve up to five (5) years in the state prison upon conviction.
Driving Under the Influence of Marijuana
According to section 23222(b) of the Vehicle Code, driving a motor vehicle with up to 25.8 grams of cannabis or marijuana in your possession is illegal. Although Prop 64 makes it legal for adults aged 21 and above to carry or consume up to 25.8 grams of marijuana, this law remains unchanged.
In the eyes of the law, driving under the influence of marijuana or cannabis is an infraction, carrying the following potential penalties upon conviction at trial:
- Suspension of your driver’s license for up to three (3) years
- Up to $100 maximum fine
Possible Defenses Your Attorney Can Use to Counter the Alleged Marijuana Offense
Being charged with a marijuana crime or related offense does not mean it is the end of the road for you. A credible defense attorney can create proper and viable arguments using the following defenses for the best possible outcome.
- You are a victim of police misconduct, for example, unlawful or warrantless search
- You did not know of the presence of marijuana
- The substance in question was not marijuana
- You did not possess the alleged marijuana, especially if it was not within your reach, meaning you were not in physical control of it
- The cannabis you had in your possession was medicinal
- You had no motive or criminal intent to sell or distribute the useable amount of cannabis you had in possession at the time of the arrest
If the alleged charge is a misdemeanor, your defense attorney can help you avoid imprisonment by requesting a suitable diversion program, including:
DEJ (Deferred Entry Judgment)
Typically DEJ is a diversion program that can allow you to enroll in a drug treatment lesson for six (6) months instead of serving your sentence in jail. However, you have to enter a guilty plea to qualify for this pretrial diversion program. Then, after an extra twelve months of staying arrest-free, the judge will drop your case to obtain the freedom you deserve.
Proposition (Prop 36)
Prop 36 is typically a sentencing statute that allows you to participate or enroll in a compulsory drug treatment class for up to one (1) year instead of serving your sentence in prison.
Generally, marijuana crimes or related offenses are tricky because of the ever-changing regulation laws. Fortunately, the alleged case could end up in your favor if you have a reliable defense attorney on your corner.
A skilled and experienced attorney could convince the jury or the judge presiding over your case to drop or reduce the alleged charge to a less severe charge, carrying less severe penalties.
Find a Criminal Defense Attorney Near Me
Skilled and profound attorneys at California Criminal Lawyer Group have significant experience in courtrooms throughout this state. We stay up to date with the latest developments in marijuana laws to ensure our clients have the best legal representation in court for the best possible results on any marijuana case.
Do not hesitate to call us at 714-844-4151 if you or someone you love is under investigation or charged with a marijuana offense or any other related crime in Santa Ana to discuss your case with our understanding defense attorneys. Our attorneys have what it takes to convince the prosecutor or the judge to drop or reduce the alleged charge to a less severe offense.
