Marijuana Possession

Marijuana Possession DUI and Criminal Defense Attorney

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

Los Angeles DUI Lawyer Blog - Marijuana Possession
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I can't begin to thank Mr. Hoffman enough for his extensive efforts throughout the entire case. He went absolutely above and beyond throughout the entire process. From day one he was immediately actively pursuing ways to prevent my case from ever going to court and once that was no longer an option, actively began working on getting the case ultimately dismissed. His communication was consistent and reassuring, despite my frantic worries all the time... Micaiah Botts
My family and I simply owe our life and future to Ron Hoffman. If you are looking for a lawyer that goes above and beyond the call of duty you can't find a better lawyer than Ron. He took my case head on from the moment I called his office. I was involved in an accidental hit and run where I was unaware of the injury. Every step of the way, Ron guided me through an almost two year long investigation and court settlement process and was constantly by my side through out every crossroad... Bill Martin
Ron Hoffman and his staff were Fantastic when dealing with such a serious issue of DUI. When I first Called Ron I was very nervous and worried for my daughter and her freedom. She had a failure to appear on top of her DUI and I knew just how bad this could be. Ron was able to immediately put me at ease and gave me the confidence that there was hope and a light at the end of the tunnel. Ron was able to get the failure to appear dismissed and also no jail time for my daughter... Claude Brown
I have been working with Mr. Hoffman for over 11 years. I have seen first hand his genuine dedication to his clients, and how his experience, knowledge and passion have gotten clients fantastic results. He treats each of his clients as his only client, and takes the time to develop detailed strategies and defenses for each individual case. I have never hesitated to refer Mr. Hoffman to anyone who has asked me for a good Criminal Defense attorney. He is a fantastic attorney!... Neeta P.
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