Marijuana Possession

Possible Defenses to Los Angeles Marijuana Possession Charges

August 4, 2010 | Ronald N. Hoffman

An experienced Los Angeles Criminal Defense Attorney has extensive knowledge of the defenses that may potentially apply to a marijuana possession charge. Consequently the case may be dismissed so that you have no conviction on your record.

Most defenses will only be helpful in cases where the amount of marijuana found in possession was less than an ounce. When it is such a small amount, there is a higher chance to persuade the Judge and Prosecution to dismiss or reduce the charges with a powerful and strategic argument. Hoffman and Associates has handled thousands of cases concerned with drug possession over our thirty years of practice. Many have led to dismissal due to the successful and zealous advocacy of our skilled attorneys.

Our attorneys immediately get to work preparing a defense that will most benefit our clients. We begin negotiations with the prosecutor right away and discuss the opportunity for informal diversion. Informal diversion is an agreement that the defendant will attend Narcotics Anonymous or similar meetings in exchange for the charges being dropped. It is far better than court ordered, formal Judgment because it avoids lots of time, and costs as well as the charge itself.

California Medical Marijuana Laws and Its Conflicts with Federal Drug Laws

July 30, 2010 | Ronald N. Hoffman

Many of my clients ask me what it means for those charged with a Federal drug possession charge, especially in regards to charges involving Medical Marijuana in California.

A great majority of marijuana cases are handled by state prosecutors, it is only under certain circumstances that the Federal government may choose to get involved. If there is a very large quantity of marijuana that was found in the possession of the defendant, it would be a matter in which the Federal government would prosecute. Similarly, if it involves international matters, such as crossing national borders with marijuana in possession or the intent to sell the issue becomes one that is no longer in the hands of the State government. Ifsthe charge concerns Federal property such as a national forest or other protected grounds, Federal agents would be the ones who take over the investigation from the State officials and prosecutors.

If the case becomes one for Federal court, certain defenses available in State court are no longer viable. Medical marijuana and California Medical Laws are not recognized as defenses. So it is as beneficial as possible to hire a California Criminal Defense attorney who can powerfully argue in your favor and strive to keep the case in State court.

Driving Under The Influence Of Marijuana in California

July 26, 2010 | Ronald N. Hoffman

Contrary to popular belief, California Vehicle Code 23152 is not limited to charges for driving under the influence of alcohol. Those found driving impaired under the influence of marijuana may be charged for a DUI, even without the presence of alcohol.

In DUI cases involving no alcohol, and solely marijuana, the prosecution has a harder time making a stronger case. This is because State law has determined that a person with a Blood Alcohol Level of .08% makes a driver too impaired to drive.sThere is no set amount of marijuana that causes a person to be too impaired to drive and so the standard is subjective and relies on various factors. Consequently, an experienced Los Angeles Criminal Defense Attorney has the knowledge and expertise to create a powerful defense, to get a case reduced or even dismissed and in the very least penalties that fall at the lower end of the spectrum.

When pulled over for suspicion of driving the under the influence, you will be given the option to choose a breath or blood test. Criminal Defense attorneys who have handled thousands of marijuana cases will recommend that you take a breath test, as it does not register the THC found in marijuana as readily.

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