California Marijuana Possession And Sales Attorney

My Rights Law’s Marijuana Defense Attorneys Can Help You Reduce The Consequences Of Your Charges

State laws regarding the possession and use of marijuana have changed dramatically in recent years and continue to do so. This post summarizes the laws in effect as of the date of writing (4/20/22). Please contact a drug crime lawyer at My Rights Law today to discuss any updates or revisions to existing law and how it might apply to your case.

California laws regarding non-medical marijuana possession and use continue to evolve. Because of these changes, even past convictions and sentences can be addressed via resentencing, dismissal, or sealing of records. Proposition 64, effective November 9, 2016, legalized limited adult personal use and growing marijuana and mandated a reduction in criminal penalties for certain marijuana-related crimes.

Our experienced team of marijuana possession and sales lawyers at My Rights Law can explain these changes and how they might affect past cases, or vigorously advocate for you when facing charges under the new laws. For a free consultation, contact us immediately through our secure web form or by calling  (888) 702-8882.

What Did Prop. 64 Legalize In California?

The Adult Use of Marijuana Act, Proposition 64, or AUMA, allows adults 21 and over to, for example:

• Possess up to 28.5g of marijuana flower or 8g of marijuana concentrate
• Grow up to six plants at your residence for private use
• Transport, in a childproof container out of reach of the driver, up to 28.5g of dried marijuana or 8g of marijuana concentrate
• Consume marijuana in:
  • your privately owned residence
  • licensed consumption areas
  • outdoor areas on your private residence out of public view except where prohibited by local ordinance

Although AUMA made limited use and possession legal for adults, the laws remain confusing and complicated. Even activities permitted under AUMA have exceptions where they remain illegal. If you face charges involving marijuana, immediately contact My Rights Law to discuss your case and how to proceed.

California Medical Marijuana Laws

California’s Compassionate Use Act of 1996 (“CUA”) legalized marijuana usage under certain circumstances. People with a doctor-issued medical marijuana card do not face many of the restrictions that other adults over the age of 21 do to legally possess, grow, use, or transport marijuana. With a doctor’s endorsement, medical marijuana users may possess whatever quantity the doctor deems warranted for their specific medical condition. Also, people 18 to 21 may cultivate, possess, and use marijuana with a physician’s endorsement, and minors may with both doctor and parental approval.

Marijuana Possession And Use – Health & Safety Code 11357 HS

AUMA makes it legal for an individual aged 21 and over to possess up to 28.5 grams of dried marijuana or 8g of marijuana concentrate. Criminal charges can be brought under various circumstances, including:

• Possession by an adult—over 18—of more than those quantities will lead to a misdemeanor charge carrying up to six months in county jail and a $500 fine.[1]
• Possession of any amount by a minor—under 18—will lead to an infraction charge, which involves drug counseling and a fine.
• Possession of any amount of marijuana or concentrate on a K-12 campus will lead to a misdemeanor charge.[2]

The use of marijuana comes with limitations as well. For example:

• The property owner must consent to consumption on the property, meaning a landlord or property owner can prohibit use on their property even if you rent or reside in it.
• You may not consume marijuana in any place where tobacco use is legally prohibited
• You may not consume marijuana in any public place
• You may not consume or possess an “open container” of marijuana while driving or riding in a vehicle or boat
• You may not consume marijuana within 1000′ of a daycare or school where minors are present (exception: when you are in a private residence and the minors cannot detect your usage)

Marijuana Cultivation – Health & Safety Code 11358 HS

AUMA allows most private individuals aged 21 and over to grow up to six marijuana plants in their private residence for private use under certain circumstances[3]:

• Unless permitted by local ordinance, the plants must be grown indoors
• The plants must be grown in a location minors cannot access

Illegal cultivation (more than six plants) can lead to misdemeanor charges, which can be enhanced to felony charges under certain circumstances, such as two or more prior convictions for illegal cultivation or repeat violent offenders or sex offenders.

Selling Or Possession With Intent To Sell – Health & Safety Code 11360 HS

AUMA allows businesses that properly obtain state and local permits and licenses to sell marijuana. However, absent the license, selling or possessing marijuana with intent to sell remains a crime in California[4]. Although usually charged as a misdemeanor, prosecutors can pursue felony charges under circumstances that include:

• A previous conviction for a violent felony or sex crime
• Two or more previous misdemeanor convictions for possession or sale
• You knowingly sold or attempted to sell to a minor[5]

A charge for possession with intent to sell hinges on the prosecutor proving intent. My Rights Law has extensive experience crafting a defense and casting doubt on the prosecution’s intent claim.   The prosecution will try to use various circumstantial “evidence” to prove intent, including:

• The quantity of marijuana in your possession
• How it was stored and whether it was divided into baggies or containers
• The presence of a scale
• The presence of a large amount of cash
• The presence of weapons

As noted previously, AUMA allows individuals to travel with up to 28.5g of dried marijuana or 8g of marijuana concentrate. You can also give away marijuana to adults aged 21 and up.

If you face charges for sale or possession with intent to sell, My Rights Law can help craft a defense. Discussing the particulars of your case with a knowledgeable attorney will give you the best chance of minimizing the consequences or having the charges dismissed.

Driving Under The Influence Of Marijuana

California DUI alcohol laws also apply to driving under the influence of marijuana – meaning you have consumed enough marijuana to have some undefined degree of impairment. If you are pulled over for suspicion of DUI, you may be required to take a field sobriety test or asked to submit to blood or cheek swab testing. Because of the relatively subjective nature of a marijuana-based DUI charge, retaining the team at My Rights Law to aggressively challenge the legality of the stop and the administration and interpretation of field sobriety tests can help you navigate the charges and legal system more successfully.

Defenses To Marijuana Charges

Hiring an attorney to defend you when dealing with charges stemming from growing, possessing, transporting, or using marijuana can increase your chances of limiting your legal exposure. Some defenses that might be raised depending on the facts of your case include:

• Entrapment
• The marijuana belonged to someone else
• You were legally allowed to possess the marijuana
• The police illegally stopped your vehicle or searched you or your vehicle
• You lacked intent to sell the marijuana
• You were not impaired at the time of the traffic stop or accident

Call My Rights Law Marijuana Offense Lawyer

In Los Angeles, controlled substance crimes are exactly what their title implies, crimes that are related to controlled substances. Los Angeles county as well as the federal government has laws which address who can possess marijuana.

There are four basic types of marijuana crimes that can leave you with a criminal record. Each of these types of crimes has different requirements for proof and carries different penalties. A marijuana crime could involve:

• Possession
• Distribution;
• Use; and
• Manufacturing.

Medical marijuana crimes are another common type of drug offense. Medical marijuana possession charges typically happen when an individual is knowingly in possession of marijuana without authorization. A medical marijuana offense may occur when you have the drug without a valid prescription or have a fake medical ID card. Typically, marijuana possession charges are affected by the amount of the drug an individual possesses. The penalty for the crime may vary depending on whether the amount of the drug is for personal use, sale, or distribution.

Our experienced team at My Rights Law – Criminal and DUI With Drug Lawyers will vigorously and knowledgeably work to defend you in any area of marijuana-related criminal charges. For a free consultation, contact us immediately through our online form or by calling (888) 702-8882.

Other drug crimes we defend include: Drug Trafficking, Drug Transportation

FOOTNOTES
[1] See Health & Safety Code 11357 HS.
[2] See Health & Safety Code 11357 HS.
[3] See Proposition 64, Health & Safety Code 11358 HS.
[4] See Proposition 64, Health & Safety Code 11360 HS.
[5] See Proposition 64, Health & Safety Code 11360 HS.