Potential Consequences for a California Marijuana Possession Case
California Health and Safety Code §11357 makes it unlawful to be found in possession of marijuana, unless authorized by law. California, as in many other states, continues to change laws related to marijuana possession. It’s important to understand your rights under these laws if you are charged with marijuana possession. The knowledgeable defense attorneys at Hoffman & Associates have successfully defended hundreds of clients facing marijuana charges in California. We will aggressively fight for your rights and reputation in court.How Much Marijuana Equals Amount of Penalty
Less than one ounce of marijuana (28.5 grams)
As of January 1, 2011, legislation in California was passed that makes possession of less than an ounce of marijuana an infraction. An infraction is a simple charge that may be dismissed with a strong argument and a powerful defense. Charges for possessing less than an ounce of marijuana are punishable by a maximum fine of $100.
However, certain circumstances may enhance your marijuana possession charge in California, making it more than a simple infraction. For example, certain facts such as the place you were found to be in possession, and your age may have an impact on your case and the penalties you receive. If you are underage, or if you are in possession of marijuana where it is strictly prohibited, charges can be raised to the level of a misdemeanor, or in rare cases, a felony.
More than one ounce of marijuana
If you are found to be in possession of more than one ounce of marijuana, the potential consequences you face may be greater. Depending on the facts surrounding the case, you may face as little as six months in county jail, and up to $500 in fines. However, if this marijuana possession charge is your first offense, you have the option of completing a Drug Diversion program. A Drug Diversion program allows you to enroll in drug education and rehabilitation classes. Once these classes are completed, your case may be dismissed.Potential Driver’s License Restrictions
If you are under the age of 21, there is a possibility that your driving privileges will be suspended for up to one year if you are charged with marijuana possession in California. This determination of whether or not to suspend your driving privileges is made by the California Department of Motor Vehicles, and can happen regardless of a vehicle being involved when you are found in possession of marijuana. It’s important to note that any time there is an offense regarding a drug related charge, there may be a suspension of your driver’s license in California.Strong Defense for Marijuana Possession Charges
The skilled criminal defense attorneys at Hoffman & Associates have over 30 years of experience in courtrooms throughout California. If you or a loved one has been charged with marijuana possession, contact us immediately for a consultation to discuss the facts of your case.