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What You Need To Know About Possession of Marijuana and How an Experienced Southern California Drug Attorney Can Help You – California Health and Safety Code 11357
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.
