Despite marijuana’s broad legalization in California, offenses related to the substance can still be considered serious crimes. A charge for a marijuana crime can range from a minor infraction up to a felony depending on the amount possessed and the circumstances of the case. Even though societal pressures against marijuana have dwindled in recent years, California citizens need to bear in mind that marijuana is still an illegal substance in most parts of the country and its use could have severe criminal consequences. Additionally, marijuana-related criminal activities are all federal crimes, even if they are legal according to California laws.
Fighting a marijuana charge in Los Angeles can be more difficult than people think. In order to have success in a California marijuana case, it requires attention to detail, legal documentation, and a thorough understanding of the California Penal Code and federal laws. If you or someone you know is up against a marijuana crime charge, call an experienced Los Angeles marijuana lawyer.
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Marijuana Charges
While cannabis is legal both medically and recreationally across the state, you can still be charged with a number of crimes if you use the substance outside of the scope of the law. Common marijuana charges include:
- Possession — As of January 1, 2018, it is legal for adults aged 21 and up to purchase and carry one ounce of cannabis on their person. You are also permitted to carry eight ounces of cannabis concentrates, which are found in edibles. If you’re found with more than the allowed amount, you could spend up to six months in jail and have to pay $500 in fines.
- Possession for Sale — Possession of marijuana with the intent to sell it outside the framework laid out in Proposition 64 is illegal. If law enforcement believes you possess cannabis with the intent to sell it, you face up to six months in jail and fines reaching $500. Depending on your criminal history and the age of those you intended to sell marijuana to, these penalties could increase. You are not permitted to enter treatment or complete a drug diversion program instead of serving jail time if you’re convicted of this offense.
- DUI — Driving while under the influence of marijuana is a serious crime in California. If you’re found guilty of this crime, you face 96 hours to six months in jail, fines reaching $1,000, and a six-month driver’s license suspension. For subsequent offenses, the penalties increase.
- Transportation or Sale — The state of California considers the transportation and sale of marijuana to be trafficking, thus these offenses are charged aggressively. If you’re found to transport or sell marijuana illegally, you face up to six months in jail and fines of up to $500. If you’re being charged with a second or subsequent transportation or sale offense, your term of incarceration will be longer.
- Cultivation — While Proposition 64 allows you to grow up to six marijuana plants for your own personal use, cultivation of any more is unlawful and will be punished by six months in county jail and $500 in fines. For subsequent offenses of this crime, jail time increases depending on your criminal history and other specific factors relating to your case.
Marijuana laws in California have changed drastically over the last several years. To avoid jail times and hefty fines, contact a Los Angeles marijuana attorney today if you’re facing charges for any of the above crimes.
Penalties for Marijuana Charges
In addition to the statutory penalties you face if convicted of a marijuana crime, there are a number of collateral consequences you may encounter if found guilty of a cannabis-related offense, including:
- Issues pertaining to your child custody or visitation
- Inability to obtain or maintain certain professional licenses
- Difficulty obtaining federal financial aid
- Challenges finding rental housing
- Trouble finding or keeping a job
- Immigration issues, including visa troubles or deportation
Even minor marijuana crimes such as possession of 1.5 ounces of cannabis can put a strain on your life, so if you're facing charges for a cannabis offense contact a Los Angeles marijuana lawyer right away.
Defenses Against Marijuana Crimes
There are numerous viable defenses to marijuana possession charges. These defenses are commonly used to prove that the marijuana was either illegally found, the person charged does not have actual ownership over the contraband, or the possession was legal under Proposition 64. Some of the most popular marijuana crime defenses include:
- Fleeting Possession — The possession was only temporary, and ownership does not extend to you.
- Unknown Possession — You had no knowledge of the presence of the contraband.
- Lack of a Search Warrant — The evidence was found in an illegal search conducted by law enforcement.
- Illegal Stop or Search — Authorities had no grounds to stop and search you.
- Constructive Possession — If contraband was found on your property or in your home, it doesn’t necessarily mean the contraband was yours.
The most successful legal defenses result in minimal to no criminal consequences. These are only a few of the many plausible defenses to a marijuana crime. However, the best defense for any case can vary. To learn more about the optimal defense for your case, contact an experienced California marijuana attorney today.
How a Los Angeles Marijuana Lawyer Can Help
When it comes to finding legal representation for a marijuana crime, it's important that you have an attorney well-versed in California's complex marijuana laws. You need someone by your side who has experience in this area. Experienced defense attorneys believe that no one should face the harsh punishments of a marijuana crime charge.
Skilled attorneys will work with you to build an aggressive legal defense. Contact SPCRC's Recommended Lawyers today to schedule a free and confidential case consultation.