California has been one of the most progressive states when it comes to the legalization of marijuana. While medical marijuana is legal in the state and advocates have pushed for full legalization of the drug, non-medicinal use is still illegal in the state. Of course, it is important to note that federal law still makes possession of marijuana for any reason illegal.
Unfortunately, the crimes related to possession and distribution can be rather complex. If you are under 21, possession of any amount of marijuana will result in loss of your driver’s license. Persons of any age who possess up to an ounce of the drug for personal consumption can be charged with no more than an infraction with a fine of less than $100. But if the police are able to find any indication that you had the intention of selling the marijuana, the crime can quickly become a felony no matter how much of the substance you were in possession of at the time.
The difference between having marijuana for personal use and possession with the intent to sell can often come down to small details like whether you have any packaging materials, scales, cash, etc. that would suggest you intend to sell the substance.
There are multiple defenses to these crimes, along with a number of excellent diversion programs for persons convicted of cultivating plants or possessing more than one ounce or marijuana. Only a criminal defense expert can help you decide the right course of action give the specifics of your case. If you have been charged with possession with intent to sell or any other serious charge related to marijuana use or possession, please call Vista drug lawyer Peter M. Liss at (760) 643-4050.
Creative Commons Image by Torben Bjorn Hansen