California Marijuana Laws


 The California Health & Safety Code lays out the penalties for use, possession, and sale of marijuana. Depending on the nature of the violation, charges can be filed as either misdemeanor or felony, and penalties can include fines and time in county jail or state prison.

Having a qualified criminal defense lawyer is crucial when facing drug charges. Simple possession charges can often be increased to possession for sale, and the presence of drug paraphernalia can result in additional charges. On the other hand, people facing simple possession charges for marijuana may have the option of having their cases go through drug court, which can result in a dismissal of charges. (See the explanation below for more details.) Contact an experienced defense lawyer for review of the details of your case.

These Health & Safety Code sections pertain to marijuana.

H&S; 11357

Simple possession of marijuana is considered a misdemeanor. Possession of an ounce (28.5 grams) or less comes with a maximum fine of $100 and no jail time. Possession of more than an ounce has a maximum fine of $500 and up to six months in county jail, though a jail sentence is rarely given out.

As mentioned above, people facing charges under H&S; 11357 may have the option of drug court, which allows entry of a plea of guilty in exchange for a "deferred entry of judgment" from the court. Once proof is provided of completion of a drug treatment program, the charges are dismissed by the court. To qualify for drug court, defendants must have a clean criminal record for the preceding five years, and the current charges must not involve any sort of violence.

H&S; 11358

Cultivating and processing marijuana is considered a felony punishable by time in state prison.

H&S; 11359

Possession of marijuana with the intent to sell is a felony punishable by time in state prison.

H&S; 11360

Transportation and importation of marijuana is a felony punishable by state prison terms of two, three, or four years.

H&S; 11364

Possession of drug related paraphernalia - such as bongs and roach clips for pot - is illegal.

If you have questions about laws related to marijuana, call the Law Office of Nancy King at (916) 442-1200.

Комментарии

Отправить комментарий

Популярные сообщения из этого блога

Metel Thefts Prosecuted More Vigorously

Изображение
  Thefts of metals - particularly copper - from buildings, utilities, construction sites, and infrastructure have increased in recent years as the value of those metals has gone up. The incidence of these arrests has risen so much recently that three California news organizations - the Sacramento Bee, KTVU in the Bay Area, and the Ventura County Star - ran stories on the issue in recent weeks. Here in Sacramento, the important aspect of the story is that the District Attorney's Office has changed the way it views these violations and is prosecuting them much more vigorously. Lawyer firm in US . Gone are the days when copper theft would be charged as a misdemeanor. Instead, many of these cases are being charged as felonies. The DA's office is even seeking prison time for people with prior strikes.
Далее...

State Report on DUI Checkpoints Raises Questions

Изображение
  A report from the California State Auditor shows that evidence regarding the oversight and cost effectiveness of DUI checkpoints is limited. Even the report's title - "Office of Traffic Safety: Although It Exercises Limited Oversight Of Sobriety Checkpoints, Law Enforcement Agencies Have Complied With Applicable Standards" - reveals the inability of the auditors to come to hard conclusions. The report documented that between October 2009 and September 2010, police, sheriff, and CHP personnel throughout the state conducted 2,562 checkpoints, which resulted in approximately 7,000 DUI arrests and nearly four times as many citations for driving without a license (nearly 28,000). Lawyer firm in USA . All of this came at a cost of $16.8 million dollars in overtime pay to law enforcement officers. Everyone wants to reduce the incidence of drunk driving. The question, though, is whether this is the most cost effective way of achieving that goal. As the auditor's report sh
Далее...

Suit Filed Seeking Voting Rights for County Prisoners

Изображение
  A lawsuit filed by the League of Women Voters (LWV), the American Civil Liberties Union (ACLU), and other groups seeks to restore voting rights to about 85,000 people incarcerated in county jails or under the supervision of county probation departments. This action stems from the U.S. Supreme Court's directive to California last year requiring the reduction of the state's prison population because of overcrowding. California Secretary of State Debra Bowen and the Attorney General's office oppose the request. To comply with the Supreme Court's ruling, since last fall thousands of people convicted of non-violent felonies have been transferred from state prisons to county jails while many others with new convictions have also been routed to county facilities. Lawyer firm in US . Still others who in previous years would have had their probation overseen by state officials have also been handed over to the counties for supervision. It is this placement in county programs
Далее...