San Bernardino Marijuana Defense Lawyers
Our Riverside criminal defense lawyers defend citizens accused of marijuana offenses throughout Los Angeles, San Bernardino, Riverside and Orange Counties. Our criminal defense attorneys have extensive experience fighting charges ranging from possession of marijuana, to marijuana cultivation to marijuana sales.
Neil Shouse spent five years as a district attorney, where he prosecuted hundreds of marijuana cases. He participated in marijuana investigations with the LAPD, the Sheriff's Department and many other law enforcement agencies. Drawing on the insights he gained as a prosecutor, Mr. Shouse now defends those charged with marijuana-related offenses.
In spite of clear evidence that marijuana is less addictive and less intoxicating than alcohol, our criminal justice system continues to squander money and resources prosecuting those who grow or use marijuana. Until this senseless policy comes to an end, we will be there to protect those accused of marijuana "crimes."
Possession of Marijuana (For Personal Use) Is a Misdemeanor
Possession of one ounce (28.5 grams) or less of marijuana is a misdemeanor, but can only be punished by up to a $100 fine. However, possession of more than an ounce (28.5) grams of marijuana is punishable by up to six months in the county jail or a fine of up to $500, or both. See California Health & Safety Code Sec. 11357.
A person convicted of marijuana possession most likely qualifies for Proposition 36 or diversion under Penal Code 1000. This option imposes a treatment program in lieu of any jail time. Upon successful completion of the program, the case is dismissed.
Cultivation of Marijuana is a Felony
Under California law, "Every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment in the state prison." See Health & Safety Code Sec. 11358.
Those who cultivate for personal use may be eligible for diversion under Penal Code 1000, so long as there is no intent to sell. And the Compassionate Use Act of 1996 allows a limited permission to cultivate marijuana for personal medical purposes.
Possession for Sale of Marijuana is a Felony
Possession of marijuana with intent to sell is a felony, regardless of the amount. See Health and Safety Code 11359. Even if no sales transactions are observed, prosecutors often charge possession for sales based on circumstantial evidence such when the police (allegedly) find:
- Large quantities of marijuana
- Large quantities of cash
- Marijuana packaged in multiple baggies
- Scales
- Lack of pipes, papers or bongs
- The person arrested doesn't appear high
Sales of Marijuana is a Felony
Selling, transporting or distributing marijuana in California is a felony under Health & Safety Code Sec. 11360 and is punishable by up to four years state prison. Transporting or giving away one ounce or less is a misdemeanor punishable by a fine of not more than $100.
Prosecutions for marijuana sales typically stem from either a sale to an undercover officer, or from police observation of a sales transaction among third parties. Often narcotics officers will take a hidden "surveillance position" and watch an area known for drug sales. The cops will move in and arrest the parties after they believe they've seen a transaction take place.
Medical Marijuana & The Compassionate Use Act of 1996
Under Proposition 215, patients under medical care and their primary caregivers may possess and cultivate marijuana. The patient or caregiver must have written approval from a physician, and the marijuana may not be distributed or sold. Among the conditions for which the medical marijuana can be approved are:
- AIDS
- Anorexia
- Arthritis
- Cachexia
- Cancer
- Chronic pain
- Glaucoma
- Migraines
- Muscle spasms
- Seizures
- Nausea
California's Legal Definition of Marijuana
According to Health & Safety Code 11018, "Marijuana means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin…"
Further Marijuana Resources:
The National Organization for the Reform of Marijuana Laws - NORML is a national advocacy group committed to the legalization
Marijuana.org
Information and Resources from the medical marijuana patients who wrote California's Proposition 215.California's Medical Marijuana Law - Medical Marijuana & The Compassionate Use Act of 1996
Marijuana Possession for Personal Use in California - Health & Safety Code 11357 HS
Marijuana Possession for Sale in California - Health & Safety Code 11359
Marijuana Cultivation in California - Health & Safety Code 11358
Selling Marijuana in California - Health & Safety Code 11360
