While marijuana is one of the least dangerous illegal drugs around and carries some of the least strict criminal sentencing in California, it is also subject to some of the most complex drug laws in the state. That is why it is so important that anyone who has been arrested for a marijuana-related crime always speak with a San Diego drug defense lawyer as soon as possible.
As a whole marijuana is still illegal in California, but medicinal marijuana laws mean those with valid prescriptions can grow, purchase and use the drug. Even those with medical cards are subject to limits to the amount they can grow or possess and rules regarding where they can use the substance though, so it is still possible to violate the law even if you have a medicinal marijuana license. If you have any questions about your rights as a medical marijuana user in California, a San Diego criminal lawyer can answer them for you.
Those who don’t have a medical license and are caught with marijuana in their possession will only be subject to a fine of under $100 if the amount is less than an ounce. If police have reason to believe you intended to sell the drug though, you could instead be charged with a felony, even if the amount was under one ounce. Because the distinction between personal possession and possession with intent to sell often comes down to small distinctions like packaging, scales, and having large amounts of cash on hand, anyone accused of intent to sell should immediately speak to a San Diego criminal attorney as it might be possible to have the charges dropped due to a lack of conclusive evidence.
In many cases involving marijuana possession or cultivation charges, a drug diversion program may be available in place of imprisonment. Always ask your San Diego criminal lawyer if this option is available in your situation.
It is important to note that if you are arrested by a representative of the federal government, like a DEA agent, you will be subject to federal laws, which means carrying any amount of marijuana is illegal even if you have a medical marijuana card.
Additionally, if you are under 21 and caught with any amount of marijuana in your possession, you will lose your driving privileges.
If you have been accused of any crime related to marijuana, please call San Diego drug lawyer Peter M. Liss at (760) 643-4050 OR (858) 486-3024.
Creative Commons Image by Brett Levin