California is one of two-dozen states that have legalized marijuana for medical use. Recreational use of marijuana is still illegal in the state of California and possessing marijuana or intent to sell marijuana can carry heavy convictions. Although sentencing for marijuana has been pulled back in recent years, one ounce of marijuana or 28.5 grams is an infraction; police often get around this provision by charging minor offenders with felony intent to sell. You may find yourself being charged with intent to sell if you have cash, scales, and large amounts of marijuana or marijuana in bags on your persons. Due to proposition 36 and other legislation, if you are convicted of a misdemeanor marijuana charge you may find yourself paying a small fine. Charges are often reduced or dropped for first time offenders with the help of a criminal defense attorney.
Penalties and convictions for Marijuana
Possession of marijuana is a misdemeanor under California Health and Safety Code Section 11357. Possession of one ounce (28.5 gms) or less is punishable by a maximum $100 fine; jail time is possible for larger amounts or for hashish, which is an optional felony (“wobbler”). Possession offenders can avoid conviction by making a preguilty plea under penal code 1000, in which case their charges are dismissed upon successful completion of a diversion program. Possession offenses are expunged from the record after two years under Health and Safety Code Sections 11361.5 and 11361.7.
Possession with intent to sell any amount of marijuana is a felony. Health and Safety Code 11359. There is a medical exemption in HS11362.775.
Cultivation of any amount of marijuana is a felony under Health and Safety Code 11358. People who grow for personal use are eligible for diversion under Penal Code 1000 so long as there is no evidence of intent to sell. There are no fixed plant number limits to personal use cultivation.
Sale, transportation or distribution of marijuana is a felony under Health and Safety Code Sections 11360.Transporting or giving away (furnishing) one ounce or less is a misdemeanor punishable by a maximum $100 fine. There is a medical exemption in HS11362.775.
Using a minor in the unlawful sale or transport of marijuana is a felony punishable by 3-7 years imprisonment. Inducing a minor to use marijuana is also a felony punishable by 3-7 years imprisonment.
Health and Safety Codes you may be charged with
Possession for personal use- Health & Safety Code 11357
Cultivation- Health & Safety Code 11358
Possession with Intent to sell- Health & Safety Code 11359
Sale, Gift, Transport or Import- Health and Safety Code 11360
Sale to a Minor- Health & Safety Code 11361
DUI of Marijuana
Driving under the influence of Marijuana is a crime in California under vehicle code 23152 (e) VC. However, the law does not specify any particular amount of THC in the bloodstream automatically established impairment, making the crime difficult to prove.
At Sevens Legal we maintain a high level of professionalism and passion for defending our clients. Sevens Legal has decades of experience and knowledge in dealing with criminal charges and will see that you are given the best defense possible. Most oftentimes, charges are reduced or dropped and you will find that we make the legal process as comfortable as possible for all our clients. If you have any questions regarding a marijuana conviction, please call for a free consultation.
If you or loved ones is accused or charged with any type of crime call us. Let us support and help you during this tough time. Our firm award winning attorneys provides hope and peace of mind. The Sevens Legal, APC office is located in both San Diego and Escondido. We have time and time again helped Southern California residents get their cases dismissed or penalties reduced.
Request a Free Consultation
Feel free to fill out the form below to schedule a free case evaluation.
Sevens Legal, APC
Criminal Defense Attorneys
3555 4th Ave, San Diego, CA 92103
Phone: (619) 297-2800
Sevens Legal, APC
500 La Terraza Blvd. Suite 150, Escondido, CA 92025
Phone: (760) 973-4005
This Is Attorney Advertising. This website is designed for general information only. The information on this website should not be construed to be formal legal advice nor the formation of attorney/client relationship. You are not considered a client unless you have signed a retainer agreement and your case has been accepted. Prior results do not guarantee a similar outcome with respect to any future matter. Please call or email our firm for a free no-obligation case evaluation.
"I spoke with Marissa who directed me to attorney Samantha Greene. My experience with her validated that Sevens Legal has the utmost professionals and leaders in the criminal defense field. Their experience is unsurpassed and they make clients feel valued and heard. I highly recommend them to anyone facing a litigation issue, they truly have their clients best interest at heart."