Bringing Legal Pot from Out-of-State to San Francisco is a Federal and State Crime

Posted by Neil Shouse | Apr 26, 2016 | 0 Comments

Bringing 20legal 20pot 20from 20out of state 20to 20san 20francisco 20is 20a 20federal 20and 20state 20crime

In 2015, Oregon became the latest state, and the first state bordering California, to legalize recreational marijuana. Nevada may soon follow. If you are visiting Oregon - or Washington state or Colorado - and buy some pot, you are well within your legal rights to do so. If you bring some of your pot home with you to San Francisco, California, however, you can face both state and federal criminal charges.

California Criminal Charges

If you bring in some legal out-of-state weed to San Francisco, the criminal charges and penalties you could face depend largely on the amount you have on you at the time you're arrested.

  • Transporting/Importing Marijuana into the State. The act of transporting or importing marijuana into California is a distinct criminal offense under California Health and Safety Code 11360. It is a felony to import into California, sell, furnish, or administer any amount of any type of marijuana (including concentrated cannabis). Upon conviction, the penalties can include two, three or four years in county jail.
  • Marijuana Possession. If you are arrested with no more than one ounce or 28.5 grams of marijuana on you (other than concentrated cannabis), it is an infraction, punishable by a maximum fine of $100. (California Health & Safety Code 11357(b)).

If you bring back more than one ounce of marijuana (other than concentrated cannabis) you could face up to six months in county jail and a fine of up to $500.

If you are arrested for possessing concentrated cannabis (hashish) in San Francisco, you can be charged with a misdemeanor that could result in up to one year in a county jail and a fine of up to $500.  However, you could face felony charges if you have been previously convicted of certain other offenses.

  • Possession of Marijuana with Intent to Sell. If you were thinking of making some money by selling the pot you brought back from out of state, you can be charged with and convicted of a California felony for possession of marijuana with intent to sell and face up to 16 months, or two or three years in county jail. (California Health and Safety Code 11359)

Federal Criminal Charges

Marijuana is still illegal under federal law. By virtue of the fact that you are crossing state lines with marijuana, even from a state where pot is legal, you could face federal criminal charges for trafficking marijuana. (21 U.S.C. § 841). Federal marijuana laws are much harsher than California's pot laws, and a conviction can result in years behind bars in a federal prison as well as thousands of dollars in fines.

If you have been charged with a crime relating to bringing marijuana to San Francisco from out of state, our experienced San Francisco, California criminal defense attorneys will protect your rights and can help you defend yourself against such charges. Call us today to discuss your case.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Free attorney consultations...

The attorneys at Shouse Law Group bring more than 100 years collective experience fighting for individuals. We're ready to fight for you. Call us 24 hours a day, 365 days a year at 855-LAW-FIRM for a free case evaluation.

Regain peace of mind...

Shouse Law Defense Group has multiple locations throughout California. Click Office Locations to find out which office is right for you.

Office Locations

Shouse Law Group has multiple locations all across California, Nevada, and Colorado. Click Office Locations to find out which office is right for you.

Call us 24/7 (855) 396-0370