Possession of Marijuana Prosecution
Possession of Marijuana Prosecution in California – California Health and Safety Code Section 11357
To prove that the defendant is guilty of possession of more than 28.5 grams of marijuana, the prosecution must prove that:
- The defendant unlawfully possessed a controlled substance;
- The defendant knew of its presence;
- The defendant knew of the substance’s nature and or character as a controlled substance;
- The controlled substance was marijuana; AND
- The marijuana possessed by the defendant weighed more than 28.5 grams.
Possession means that a person has physical custody and control over the substance. The prosecution can satisfy this burden by proving that the substances were in a vehicle or home that belongs to you. Even if you did not personally buy the substances, or were not using the substances, the prosecution can still charge you with felony possession.
The prosecution does not need to prove that the defendant knew which specific controlled substance he or she possessed, only that he or she was aware of the substance’s presence and that it was a controlled substance.
If you are charged with possession of a marijuana plant, the prosecution only has to prove that you were taking care of the plant (if it is portable) and you may also face federal drug charges.
In medical marijuana cases (also see Possession of Marijuana Defenses – California Health and Safety Code Section 11357), the prosecution must prove that the amount of marijuana you possessed was above and beyond your “personal medical needs.” (Health and Safety Code Section 11362.5(d). The determination of “personal medical needs” will be made by the jury, but the amount possessed must be reasonably related to your current medical needs.
