Marijuana Possession Charges in California

Being caught with marijuana in California can be more serious than it may sound. Even a minor pot possession bust can result in a permanent criminal record. An experienced California defense lawyer who knows how to defend marijuana charges can often argue to avoid a permanent criminal conviction on your record.

California is known for its generally liberal medical marijuana laws, but the police and criminal justice system are sure to come down on people who are not medically authorized to be in possession of a  controlled substance of marijuana.

Although marijuana isn’t treated as harshly as many drugs it is still a crime to possess it. If, like most people, you’ve never faced a criminal prosecution before, you are probably frightened of what you might be facing, and rightfully so.

For minor charges, we can fight to make sure that a simple pot possession bust doesn’t stick you with a permanent criminal record. For more serious charges, you need an experienced legal defense advocate to defend your rights and freedom.

We can be your advocate in a system that may seem unfair or indifferent. We can make sure that the judge understands you are remorseful and help show the court that you are worthy of a second chance.

Contact us for a free case evaluation and legal consultation on your marijuana charges.

California Marijuana Possession – Penalties

Possession of marijuana, less than one ounce, is a misdemeanor under California law. This means that although the charge is relatively minor, it can still become a permanent mark on your record if you are convicted.

If you have a criminal conviction on your record can effect your long term career opportunities, and your future. It will appear on any background check done by an employer looking to hire you. Background checks are practically free online, and will only become more commonplace. For that reason alone, many people choose to fight these charges in court, and fight to keep yourself from getting branded as a convicted criminal.

Possession of Marijuana – Less than 1 ounce

The penalty/sentence for simple possession of marijuana is typically a fine of $100. There is no risk of jail time for a first offense.

However, you can still get a permanent criminal record as a result of pleading guilty. And juvenile cases can be more complicated.

Ref: California Marijuana Possession Laws (Health & Safety Code HS 11357 B)

Legal Defenses For Possession of Less than 1 Ounce of Marijuana in California:

We may be able to get a prosecutor and a judge to agree to an informal diversion for a marijuana possession offense. An informal diversion essentially avoids any kind of plea in exchange for another arrangement. Typically involved in the deal is drug treatment or narcotics anonymous, and possibly some community service and fines. In exchange for this agreement, the case is dropped without ever being prosecuted. This keeps your record clean, and won’t show up on any future background check.

Not all judges will go along with an informal diversion. Other California possession marijuana defense strategies that are alternatives to pleading guilty are Formal diversions. These include a number of programs that emphasize drug treatment programs over punishment. These include California drug courts,  proposition 36, and Deferred Entry of Judgment. Typically, these deals result in a dismissal of the charges after successfully agreeing to treatment and any other terms. (See Below)

Any outcome that keeps your from having a criminal charge that shows up on a background check is usually a good result. The specific strategies depend on the facts of your case, and the local authorities and courts with jurisdiction over your charge. Please contact us for a free consultation to get our take on your best defense options for a California marijuana arrest or charge.

Possession of Marijuana – Greater than 1 ounce

Possession of more than one ounce of marijuana for personal use is a misdemeanor charge that can result in up to 6 months in jail, $500 in fines, and probation, if you are found guilty.

Defense strategies are generally the same as possession of less that 1 ounce. You can still be eligible of informal diversion and formal diversions that can avoid the most serious penalties.

Possession of Hashish – Penalties

Possession of hashish (a derivative of marijuana) can bring jail time if you are found guilty of the charges. Call for details on the differences between marijuana and hashish penalties.

Ref: California Health & Safety Code HS 11357) C)

Possession with Intent to Sell Marijuana – CA Laws & Penalties

Possession with intent to sell marijuana is a felony, regardless of how much marijuana you actually possessed. The prosecution may try to prove you had intent to sell the marijuana because you had things like a scale, baggies, or large amounts of cash.

If you are found guilty of this offense you may be facing up to 3 years in state prison.

Ref: Possession with Intent to Sell Marijuana Laws (HS 11359)

Sale of Marijuana – Charge & Penalties

If you are caught and charged with actually selling marijuana (as opposed to suspicion/intent to sell) you may be facing up to 4 years in state prison.

Ref: California Sale of Marijuana Laws (HS 11360)

What Will Happen in a California Marijuana Possession Case?

Can I Beat The Charges?

Yes, there are excellent defense options. If this is a first offense marijuana possession / drug charge and you are facing potential prison time you may be able to avoid incarceration through one of several programs in California. With the aid of an experienced defense attorney, you can request one of the following alternatives to incarceration:

Proposition 36: One year of drug treatment. The level of your treatment (inpatient, halfway house, outpatient, etc) to be determined by an expert from the Department of Health.

Drug Court: One year program in which you participate in counseling, random drug testing, 12 step programs, and judicial reviews.

Deferred Entry of Judgment: In this diversion program, you plead guilty and go through 6 months of treatment. After remaining arrest-free for an additional 12 months, the case is dismissed.

Facing any criminal  drug possession charges can be very stressful. You need someone on your side to be sure that your interests are represented in a court system that is not on your side. We are here to make sure you get the fair treatment you deserve and to help you get the best possible outcome. California marijuana possession penalties can be tough and tricky to navigate, but that’s what we do. We fight for you, we know the law and we can help.

Please contact us to find out exactly what we can do to help you. There’s no obligation.