A Sacramento property owner is now facing criminal charges and $2 million in civil penalties for illegally growing cannabis.
Property Owner Growing Cannabis Arrested in Sacramento
According to city officials Lisa Ung, 63, allegedly maintained eight homes across Sacramento for the purpose of growing more than 4,000 marijuana plants.
Ung was arraigned on five counts of maintaining a place to furnish a controlled substance. Her bail was posted at $50,000.
Under state law, California residents are legally able to grow up to six cannabis plants. If they want to grow more for selling purposes, they must obtain city and state permits.
“The scale of the illegal grow houses and the fire danger and criminal danger they present to neighborhoods is a real threat,” said city spokeswoman Linda Tucker.
Sacramento is seeking fines of $500 per plant, for a grand total of about $2 million, in addition to other fees for the enforcement action and the abatement of the properties.
California’s Marijuana Laws
Pot became legal for adult-use in California on January 1, 2018. With that legalization came a number of questions. Below we answer a few of them.
Where are you able to smoke marijuana in California?
A good rule of thumb across the state is that you can’t smoke pot anywhere they can’t smoke a cigarette. You cannot smoke in indoor places, including bars, cars, or other moving vehicles. Having an open bag in the car is illegal. If you are renting, you will need to check with your landlord to see if smoking is allowed inside your rental property.
Prop 64, which made marijuana legal, does however open the door for local governments to permit marijuana consumption at retailers and companies with a microbusiness license, which combines a small cultivation site, distribution and retail. In that case, the business will be required to restrict the premises to people 21 and older, cannot allow alcohol or tobacco use on site and also must ensure no one can see people consuming marijuana from outside.
Fighting Your Drug Crime Conviction
Being convicted of any drug crime is a serious matter. Most drug charges can carry heavy convictions, fines and stay on your personal record, which can affect your job, buying a home or getting a loan. If you are convicted for any drug related crime, it is in your best interest to seek a criminal defense attorney and never accept any deal without speaking to an attorney first. Drug charges range from minor possession to a more serious charge of drug manufacturing, whatever the charges are, know that you can find guidance with your case.
Choosing a great criminal defense attorney will help your case and often reduce charges. The experience and knowledge needed to deal with a drug charge can be found at Seven’s Legal.
Sevens Legal is well versed in a variety of drug charges that you may be convicted of and their experience is endless. At Sevens Legal you will find a successful team that is passionate about representing their clients. If you find yourself charged with any drug crime, it is imperative that you seek a knowledgeable criminal defense attorney that will guide you through the legal system and help with reducing your charges.
San Diego Marijuana Lawyer
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.
Working with Sevens Legal, APC
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.
After you have discussed the specifics of your case, your Sevens Legal, APC, will let you know your case’s strengths and weaknesses, as well as any possible risks associated with punishment and convictions you may face. Your Sevens Legal, APC, defense attorney can help negotiate a plea deal or whether the best course of action is to move forward to trial, while working constantly for your best interests.
Sevens Legal, APC, criminal defense lawyers put our experience to work for you. Every defendant deserves a zealous defense. To schedule your free consultation with one of our Sevens Legal, APC, criminal defense lawyers, call (619) 494-3440. Contact Sevens Legal, APC, today for a free consultation.
Criminal Defense Attorneys
3555 4th Ave.
San Diego, CA 92103
Phone: (619) 297-2800