Health and Safety Code

Los Angeles Marijuana Charges

July 23, 2010 | Ronald N. Hoffman

Although a great number of marijuana drug charges in California involve possession, there is a vast number of charges under California Health and Safety Code 11358 to 11361 involving marijuana that do not center around possession. An experienced Los Angeles DUI and Criminal Defense attorney has not only argued hundreds of cases regarding marijuana charges, but has gained an extensive knowledge of the different exceptions and defenses articulated by law.

California Health and Safety code 11358 criminalizes the planting, cultivation, harvesting and growing or any related action of marijuana and may be punished by imprisonment. Additionally, California Health and Safety code 11359 makes it a criminal charge to possess marijuana for the purpose of sale. Under section 11359 a person may be punished by imprisonment in state prison.

Transporting, importing, furnishing, selling or giving away marijuana into this state yields a much harsher punishment. Equally punished is someone who offers to transport, import, furnish, sell or give away marijuana. Both charges will bring a sentence of imprisonment in state prison for two to four years.

Potential Consequences of a California Drug Possession Charge

July 21, 2010 | Ronald N. Hoffman

The potential consequence for a Los Angeles Drug Possession charge, varies upon several different factors. Consequently, the final sentence will be different for each defendant and will fall within a wide spectrum.s

California Health and Safety Code 11357 states that anyone found carrying concentrated cannabis may be penalized by not more than a year in county jail, and/or a $500 fine. In certain situations, a defendant may be sentenced to imprisonment in State Prison.

Someone who is found with more than 28.5 grams of marijuana, other than concentrate cannabis will be guilty of a misdemeanor and punishable by no more than $100 fine for a first offense. For offenses other than the first offense, the final sentence will be towards the harsher end of the spectrum in comparison to the first offense which will be on the lower end. Anyone found carrying more than 28.5 grams of marijuana, other than concentrated cannabis will be guilty of a felony and sentenced up to six months in county jail and/or up to a $500 fine. Similarly to a misdemeanor charge, a second or third offense will be treated with a stricter punishment.

Legal Exceptions to a Los Angeles Marijuana Possession Charge

July 14, 2010 | Ronald N. Hoffman

Having Marijauna in one’s possession is illegal in the state of California, punishable as a misdemeanor or felony based on the concentration and amount of marijuana found. However, a Los Angeles Criminal Defense attorney can advise you that California law allows for certain situations in which carrying marijuana is legal and not punishable by law.

Prop 215, also known as the Compassionate Use Act of 1996, is embodied by law in the California Health and Safety Code Section 11362.5.sThe Act was enacted to allow for seriously ill Californians to obtain marijuana prescriptions that provide a natural and efficient remedy to certain illnesses. The prescription must be given by a licensed physician and the patient must qualify with an illness listed under the relevant legal section.

Even with a valid prescription to grow and carry Marijuana, restrictions still arise which can lead to criminal charges if violated.sThe Act does not supersede legislation enacted to prohibit persons from acting in a manner which endangers others. Additionally,sMarijuana bought with a prescription may not be brought within, or surrounding the grounds of any school or educations facility providing education for kindergartners through 12th grade.

Los Angeles Marijuana Possession Charges

July 9, 2010 | Ronald N. Hoffman

Marijuana possession is charged under California Health and Safety Code 11357 and is divided into a misdemeanor or felony charge depending on the concentration of the substance and the amount in possession. Many factors affect the charge, including the type of powerful argument made in court by a knowledgeable Los Angeles Criminal Defense attorney.s

Under the applicable section, a person found in possession of concentrated cannabis will be charged with a violation of California Health and Safety Code 11357 (a), unless they are authorized by law to do so.sUnder section (b) of 11357, anyone found with 28.5 grams of marijuana, other than concentrated cannabis, will be charged as a misdemeanor if not authorized by law. A person found in possession of more than 28.5 grams of marijuana, other than concentrated cannabis and not authorized by law will be charged with a felony.

California law authorizes marijuana to be legally in the possession of a person who is eligible under the Compassionate Use Act of 1996 (California Health and Safety Code 11362.5). Under this act, the California legislature allows for certain persons to legally possess concentrated cannabis, or medical marijuana. Such persons must have an illness that can be cured naturally by marijuana and must have been diagnosed by a licensed physician who recommends medical marijuana as a remedy.s