Marijuana defines all parts of the plant Cannabis sativa, whether growing or not. Since January 1, 2011, the possession of one ounce or less of marijuana is punishable under Health and Safety Code 11357b. Under 11357b, an offender is punished by a maximum fine of $100 with no criminal record. However, possession of marijuana in larger amounts is a misdemeanor under Health and Safety Code 11357c. Under 11357c, an offender is punished by a fine of up to $500 and six months in jail.
The possession of marijuana in a vehicle is punishable under Vehicle Code 23222 if a person is found with one ounce of marijuana or less while driving. Thus, Vehicle Code 23222 is identical to Health and Safety Code 11357b. Also, it is important to note that it is illegal to drive while under the influence of marijuana under Vehicle Code 23152. Although “under the influence” is not specifically defined in the law, it implies that there is some degree of impairment. A sobriety test is generally used to determine whether a person is impaired in fact by the used or marijuana. However, blood and urine tests are also used to test for the same.
Under Proposition 36, first and second time drug possession offenders have the opportunity to receive substance abuse treatment instead of incarceration. An offender who seeks to receive substance abuse treatment instead of incarceration gets his or her conviction erased from their criminal record.
In 1996, California’s citizens passed Proposition 215, and took effect as California Health & Safety Code 11362.5. Under this law, with physician recommendation, patients and their designated primary caregivers can possess and cultivate marijuana for the patient’s personal medical. In 2004 the legislature expanded Prop. 215’s provisions with Health Safety Code §11362.7 to protect patients and caregivers transporting or cultivating in “collectives” or “cooperatives,” and established a statewide voluntary ID card system run through county health departments.
Patients, caregivers, cooperatives and collectives operating within the state’s guidelines should be protected from arrest. However, some complain of local governments unnecessarily harassing these lawful activities.
An effective defense can protect against a marijuana charge.
When facing new criminal charges, hiring the right lawyer is one of the most important things you can do. A marijuana conviction will affect the rest of your life; you cannot afford to trust your future to a cut-rate lawyer.
The experienced criminal lawyers at Boxer McLaughlin, APC maximize our clients’ outcomes – from negotiating a favorable settlement to winning at trial.
With decades of criminal defense experience the attorneys at Boxer McLaughlin, APC know how to achieve success for our clients.
As experienced criminal defense attorneys we know how best to defend our clients against the government.
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