Possession of marijuana for personal use may be prosecuted as either a misdemeanor or as a felony in California, depending on how much of the drug the accused possessed. Penalties for drug offenses can be stiff, which is why it is so important for an individual accused of marijuana possession to contact a criminal defense lawyer who focuses on this area of the law and who knows how to successfully defend these types of charges, as only an experienced attorney will know how to properly and effectively apply the defenses that are applicable to this offense.
Except as otherwise authorized by law (which basically means anyone who is exempt from criminal prosecution because they are either a patient or caregiver who has been authorized to use medical marijuana), every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a maximum of one year and by a maximum fine of $500 for a misdemeanor or may be imprisoned in the state prison for sixteen months or two or three years if charged with a felony.
Every person who possesses less than 28.5 grams (or one ounce) of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a maximum fine of $100. If the accused has been previously convicted three or more times of this offense during the two-year period immediately preceding the charged offense, he or she will also be diverted to an education, treatment or rehabilitation program. If the accused is so diverted, he or she will not be subject to the fine previously mentioned that is typically imposed in connection with this offense. If, however, he or she is not accepted into a suitable community program, he or she will be required to pay the fine. It should be noted that an individual who is arrested for a violation of this section is not subject to booking and should be released by the arresting officer if he or she shows valid identification and signs that he or she will appear in court.
If the accused is convicted of possessing more than one ounce of marijuana, other than concentrated cannabis, he or she will be subject to a misdemeanor, punishable by up to six months in the county jail and a maximum $500 fine.
Finally, any adult who possesses less than one ounce of marijuana, other than concentrated cannabis, upon the grounds of, or within, any elementary, middle or high school during school hours is subject to a misdemeanor, punishable by up to ten days in jail and a $500 fine.
Persons charged with possession of marijuana for personal use may be eligible for “deferred entry of judgment” pursuant to “Proposition 36”. This type of drug treatment allows an individual to avoid jail and to have his or her charges dismissed upon successful completion of his or her requirements. This is the type of alternative sentencing that an inexperienced attorney may not even be aware of – another reason why a skilled attorney must be retained.
The outstanding criminal attorneys at The Kavinoky Law Firm specialize in California drug defense and are dedicated to obtaining the most favorable outcomes for their clients. Through their hard-work, passion and experience, they know what it takes to win, which is revealed in their exemplary success record. When arrested for a marijuana offense, The Kavinoky Firm will do their best to have their client’s charges reduced or dismissed or will use their savvy skills to advocate for alternative sentencing where appropriate. With law offices in Los Angeles and throughout California, they are conveniently located for anyone in need of reputable marijuana defense attorney. One’s freedom is too important to trust to an inexperienced attorney. To secure the most trusted legal advice and unparalleled representation, contact The Kavinoky Law Firm today for a free consultation.
