Possession of Marijuana

A 62-year-old man was arrested on suspicion of growing marijuana after several people broke into his home Wednesday night and tried to steal the illegal plants, authorities said. Police are still looking for the people who broke into the home and tied up and blindfolded the people inside. More than 60 marijuana plants were found growing around the property in the 12800 block of Magnolia Street, Garden Grove police said.

Growing marijuana in California without a valid prescription is a violation of Health and Safety Code 11358. H&S 11358 states:

“Every person who plants, cultivates, harvest, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment in the state prison”

Whether it’s one plant or sixty marijuana plants; this law applies to anyone who does not possess a prescription under California Health and Safety Code 11362.5 and the punishment is imprisonment by up to three years in prison.

If you or a loved one is facing a charge for the cultivation of marijuana contact the experienced drug crime attorneys at Wallin & Klarich. We’ve have been helping criminal defendants for over 30 years. Call us at (888) 280-6839 or visit us at www.wklaw.com. You can also read our Possession of Marijuana section and find more invaluable information. We will be there when you call.

Proposition 36 (“Prop. 36”) is a diversion program available for individuals who are trying to clean up from their addiction to drugs and to avoid jail time. What happens if the individual enters the Prop. 36 program, but the individual has a prescription for medicinal marijuana?

In People v. Beaty (No. F055868), the appellate court held that using medicinal marijuana does not by itself make someone a participant in a Prop. 36 program unamenable to treatment. In 2007, Beaty admitted to transporting and possessing methamphetamine in violation of California Health and Safety Code 11379. He was placed on Prop. 36 probation for a period of five years. Beaty was ordered to enroll in a drug treatment program.

Brian Beaty was disabled after a motorcycle accident in 1998. Beaty was prescribed the use of medical marijuana to treat the chronic pain he was suffering from. He was advised that he would not able to use marijuana, although prescribed, while on Prop. 36 probation by the Prop. 36 team that was overseeing his progress. However, Beaty’s attorney told him that his use of medical marijuana was legal, so Beaty continued to use marijuana on a daily basis for medicinal purposes.

Beaty tested positive each time he was tested. The probation department filed a petition to have Beaty’s probation revoked because he was unamenable to treatment. The probation department had two expert witnesses testify to the fact that the use of medicinal marijuana was inconsistent with the program’s goal of abstinence. Relying on the testimony of the expert witnesses, the trial court revoked Beaty’s Prop. 36 probation and sentenced him to a term of 30 days in county jail.

On appeal, the court found that the trial court impermissibly deferred a legal conclusion to the drug treatment program. The court found that medicinal use of marijuana alone is not sufficient to render an individual unamenable for treatment in the Prop. 36 drug treatment program. The court noted that recovery from addiction cannot mean that patients must refrain from the use of all narcotics. The intent of Prop. 36 is to provide treatment that will enhance public safety by reducing drug-related crime and preserving jails and prison cells for serious and violent offenders and to improve public health by reducing drug abuse and drug treatment strategies? Therefore, when the Prop. 36 participant is using a legally prescribed drug that may be inconsistent with the goal of the program, the probation department can apply a reasonable policy to the circumstances of any individual Prop. 36 defendant.

If you or a loved one have been charged with violating probation in Southern California, it is critical that you talk to an experienced criminal defense lawyer. At Wallin & Klarich, our attorneys have over 30 years of experience in successfully dealing with all types of criminal cases. Our attorneys will aggressively defend your rights and fight to get you the best possible result. Call us at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.

Possession of marijuana is a serious crime in California. A conviction of possession of marijuana can have negative effects on one’s job, family, and personal freedoms. It is important to have an experienced drug defense attorney to defend your rights in the event that you are accused of possession of marijuana.

Under Section 11357, a defendant can be convicted if the defendant unlawfully possessed marijuana, knew of its presence, knew of marijuana’s nature as a controlled substance, and possessed more than 28.5 grams.

Having an experienced attorney can help you raise a number of defenses. For example, having only momentary possession can be a defense if the defendant can show that the defendant possessed the marijuana only for a momentary or transitory period; the defendant possessed the controlled substance in order to abandon, dispose of, or destroy it; and the defendant did not intend to prevent law enforcement officials from obtaining the marijuana.

Possession of medical marijuana is also legal under California state law. If you were legally prescribed medical marijuana, it may be a viable defense to a charge of possession of marijuana.

The penalties for marijuana possession are serious. Possessing 28.5 grams or less of marijuana is a misdemeanor and punishable by a fine of up to one hundred dollars ($100). Possessing more than 28.5 gram of marijuana is a misdemeanor and is punishable by imprisonment for up to six months in county jail, or a fine of five-hundred dollars ($500), or by both fine and imprisonment. However, if the defendant possesses significantly more than 28.5 grams, the prosecution can presume that the marijuana was intended to be sold. The defendant would then face a felony charge of possession of marijuana for sales under Section 11359.

You can also lose your driver’s license for one year if you are under the age of 21 and convicted of possession of marijuana. See California Vehicle Code Section 13202.5.

Alternative punishment may be available, but you need to talk to an attorney to know your options. You might be eligible for a drug diversion program under California Penal Code 1000 and Proposition 36. Instead of going to jail, you would have to complete a drug treatment program. Upon completion, the charges against you are dismissed. However, if you do not complete the program, the court can then sentence you to the sentenced term you would have received originally.

For more information, go to www.wklaw.com and read our Possession of Marijuana and Drug Diversion section. You will find invaluable information regarding the charges you or a loved one may be facing, the possible defenses, and the alternatives punishments that may be available.

If you are charged with possession of marijuana, it is critical that you consult with an attorney immediately. At Wallin & Klarich, our attorneys will use their knowledge of the law to provide you with the best possible defense. Wallin & Klarich has over30 years of experience successfully defending clients accused of these crimes. Contact the experienced Southern California marijuana possession defense attorneys at Wallin & Klarich today at 1-888-749-0034. We will be there when you call.