California Health and Safety Code §11357 makes it unlawful for any person to be in possession of marijuana, or concentrate cannabis. Concentrate cannabis, also known as hash or hashish, is the crude or modified resin of the Cannabis plant.
If you have been arrested for marijuana possession, the experienced criminal defense lawyers at HOFFMAN AND ASSOCIATES will take the appropriate steps to protect your rights, your freedom, and your good reputation. We aggressively pursue justice for our clients and use more than 30 years of courtroom experience to get the best possible outcome.Prosecution in California for Marijuana Possession
If you have been charged with marijuana possession, the prosecution must prove their case in two ways. The two facts that must be proved to the Court are:
- The marijuana, or concentrated cannabis, was in your possession.
- You had knowledge that the marijuana or concentrated cannabis was in your possession.
For example, if you have marijuana in your pocket you are in actual physical possession of the drug. Since you are in control of the drug, it is therefore proved to be in your possession.
Possession can also by proved by demonstrating constructive possession. For example, if there is marijuana in your closet or your car, there is a possible argument of possession because the drugs were found in an area over which you exercise control.
For the government to have a case, they must prove that you knew about the drugs in your possession. So, if you borrowed your friend’s car and marijuana, that you knew nothing about, was found in the trunk, the government’s case is a very weak one and may possibly be dismissed.Medical Marijuana Defense:
Health and Safety Code §11362.5, also known as, California’s Compassionate Use Act, provides for the legal use of marijuana with a properly obtained prescription. Under this Act, marijuana can be used legally as medicine for previously outlined health problems. The prescription must be from a licensed physician, and you must follow the proper procedures and guidelines.
If you have a valid medical marijuana prescription, California’s Compassionate Use Act allows you to be in possession of an amount of marijuana that is reasonable for your medical condition. The amount considered reasonable will vary based on the circumstances of the patient. If you can show that you are within the allowances of the Compassionate Use Act, your marijuana drug possession case may be dismissed.Penalties For Marijuana Possession
In general, the more of a substance you are in possession of, the more serious the charges and the legal punishment associated with the offense. Depending on the amount of marijuana in your possession, penalties for possession may include the following:
- Jail time
- Mandatory drug counseling or treatment
- Significant fines
- Community service
- Suspension of driver’s license
First offenses will generally result in lesser penalties, and you may have the option of attending a drug program. The knowledgeable DUI and Criminal Defense Attorneys at HOFFMAN AND ASSOCIATES will work to protect your legal rights using our proven defense strategies in marijuana possession cases.Consult With a Qualified California Criminal Defense Lawyer
If you are facing criminal charges related to marijuana possession, it’s important to have an experienced DUI and Criminal Defense Attorney by your side. Our attorneys understand your constitutional rights. We will investigate all aspects of your case and defend your rights aggressively because we care about our clients.
We represent clients in courts throughout California, including Los Angeles, Ventura, Orange and San Diego County. Give us a call today to schedule your phone or office consultation:
Hoffman & Associates
Los Angeles (323) 655-3900
Hoffman & Associates
San Diego (760) 942-0069