Possession of Marijuana for Personal Use
Possession of marijuana in California is charged as a misdemeanor pursuant to CA Health and Safety Code §11357. The consequences for possession of marijuana varies depending on the quantity of marijuana charged, and whether it is for personal use.
Marijuana Possession for sale is a separate and more serious offense which is discussed in other articles on this site. ![marijuana pic.jpg]()
If charged with possessing 28.5 grams (1 ounce) or less of marijuana (not concentrated cannabis), the only punishment is a fine of no more than $100.
For possession of marijuana (other than concentrated cannabis) in an amount greater than 1 ounce, you may be punished with up to one year in county jail and a fine of no more than $500.
Pursuant to CA HSC §11018, marijuana includes the entire Cannabis sativa L. plant, growing or not, including the seeds, oils produced from the plant, or any other cannabis derivatives,
Although the consequences for marijuana possession may not seem as severe as other drug crimes, a conviction will still show up on your criminal record and may negatively impact job prospects or federal school loan eligibility. Contact a Vista criminal attorney who can investigate and fully prepare your for any marijuana possession or drug possession case.
Possession of Concentrated Cannabis for Personal Use
Possession of concentrated cannabis (like hashish) may be charged as either a felony or a misdemeanor. How the prosecutor charges you with possession of concentrated cannabis depends on the facts of your case and criminal record. A felony conviction results in a CA prison sentence of 16 months, 2 years, or 3 years.
What Must the Prosecutor Prove?
1. You unlawfully possessed marijuana or concentrated cannabis;
2. You knew of its presence;
3. You knew of the substance's nature or as marijuana or concentrated cannabis; AND
4. The marijuana or concentrated cannabis was in a usable amount.
However, the prosecution DOES NOT have to prove that you knew the exact type of controlled substance you possessed, only that you were aware that it was a controlled substance.
If you are charged with drug possession in San Diego, the counsel of a criminal attorney focused on these types of cases will give you the most reliable and confident representation for your case. Contact a criminal attorney in San Diego for help with your case.
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If charged with possessing 28.5 grams (1 ounce) or less of marijuana (not concentrated cannabis), the only punishment is a fine of no more than $100.
For possession of marijuana (other than concentrated cannabis) in an amount greater than 1 ounce, you may be punished with up to one year in county jail and a fine of no more than $500.
Pursuant to CA HSC §11018, marijuana includes the entire Cannabis sativa L. plant, growing or not, including the seeds, oils produced from the plant, or any other cannabis derivatives,
Although the consequences for marijuana possession may not seem as severe as other drug crimes, a conviction will still show up on your criminal record and may negatively impact job prospects or federal school loan eligibility. Contact a Vista criminal attorney who can investigate and fully prepare your for any marijuana possession or drug possession case.
Possession of Concentrated Cannabis for Personal Use
Possession of concentrated cannabis (like hashish) may be charged as either a felony or a misdemeanor. How the prosecutor charges you with possession of concentrated cannabis depends on the facts of your case and criminal record. A felony conviction results in a CA prison sentence of 16 months, 2 years, or 3 years.
What Must the Prosecutor Prove?
1. You unlawfully possessed marijuana or concentrated cannabis;
2. You knew of its presence;
3. You knew of the substance's nature or as marijuana or concentrated cannabis; AND
4. The marijuana or concentrated cannabis was in a usable amount.
However, the prosecution DOES NOT have to prove that you knew the exact type of controlled substance you possessed, only that you were aware that it was a controlled substance.
If you are charged with drug possession in San Diego, the counsel of a criminal attorney focused on these types of cases will give you the most reliable and confident representation for your case. Contact a criminal attorney in San Diego for help with your case.