What Do You Need to Know About Marijuana Offenses?
In recent years, marijuana laws have changed considerably nationwide. Although 24 states and various territories have legalized small amounts for adult recreational use, marijuana remains a Schedule I controlled substance under federal law, which prohibits possession, cultivation, and distribution except for approved research.
Despite growing acceptance and legalization efforts, marijuana offenses still have serious legal consequences. These vary from civil fines and drug education in decriminalized states to felony charges and jail in illegal areas. The offense classification—misdemeanor or felony—depends on factors such as the amount, intent, prior convictions, and local laws.
On November 8, 2016, Prop. 64, the Adult Use of Marijuana Act (AUMA) was approved by California residents. Proposition 64 allows adults 21 and over to possess, use, and transfer up to one ounce of cannabis to others.
Moreover, Prop 64 allows cultivation of up to 6 plants for personal use at a residence.
Prop 64 also legalizes the commercial sale, distribution, and production of cannabis for adult use at state-licensed facilities, in accordance with the Medical and Adult Use of Cannabis Regulation and Safety Act (MAUCRSA). Local city and county governments can restrict or ban cannabis businesses in their jurisdiction.
Legal Adult Marijuana Use
In California, it is legal for any adult (21 or over) to:
- Possess, process, transport, purchase, obtain, or give away to other qualified adults (Age 21 and older), not more than one ounce of cannabis or 8 grams of concentrated cannabis [Health & Safety Code §11362.1(a)(1) and (2)].
- Cultivate, possess, plant, harvest, dry, or process not more than six live plants and have the produce of the plants [Health & Safety Code §11362.1(a)(3)].
Activities Which Are Prohibited
Pursuant to Health & Safety Code §§11362.3 – 11362.4, Cannabis users may not:
- Smoke, vaporize, or otherwise ingest cannabis products in any public place, with the exception when a local government permits on-site consumption at a state-licensed premises per Business & Professions Code §26200(g).
- Smoke or vaporize cannabis in any non-smoking area, or within 1,000 feet of a school, day care or youth center while children are present, except privately at a residence.
- Consume cannabis or possess an “open container” of cannabis while driving or riding as a passenger in any motor vehicle, boat, or airplane.
- Use cannabis products (edibles as well) while in a car under Vehicle Code §§23220 & 23221, even as a passenger.
- Possess or use cannabis on the grounds of a school, day care or youth center while children are present.
- Manufacture concentrated cannabis with a volatile solvent (except for state-licensed manufacturers). Volatile solvents include explosive chemicals like butane, but not ethyl alcohol. That’s a felony with a maximum of seven years in prison. Health & Safety Code §11379.6(a).
The Federal system still prohibits and prosecutes people for possession, transportation, cultivation, and sale of marijuana. The punishment is much more severe in the Federal system than in the State.
Los Angeles Marijuana Criminal Lawyer – Sales and Cultivation Defense
Retaining an aggressive, experienced, and knowledgeable Criminal Defense Attorney is the most critical decision you can make. A qualified Criminal Defense Lawyer can educate you as to your options, assist you in making critical life-altering decisions, investigate the factors that led to your arrest, skillfully examine law enforcement personnel, and litigate the case.
Our firm has qualified Marijuana Use, Sales, and Cultivation Criminal Defense Attorneys that will be in your corner, aggressively defending your rights to fight your criminal charges successfully. Marijuana Use, Sales, and Cultivation cases, specifically, require an exhaustive investigation into all aspects of the criminal allegations against you.
Drug Crimes Attorney
It’s necessary to have a qualified Drug Crimes Attorney with experience in Marijuana Use, Sales, and Cultivation to oversee your investigation of the entire case so that weaknesses in the government’s case can be identified and exploited to your benefit.
If you have been charged or are under investigation in state court for Marijuana Cultivation, please call Drug Manufacturing-Cultivation Attorney to set up a FREE CONSULTATION so we can assess your case and provide you with the best legal advice on how to proceed.
Please allow us to offer you the assistance and support of a Criminal Defense law firm with extensive nationwide experience with the State Court system as you face this most unfortunate situation. We are solely a Criminal Defense Law Firm. That is all we do and have done since our inception.
EARLY INTERVENTION BY COUNSEL IS KEY TO A PROPER DEFENSE
Having an experienced Marijuana Use, Sales, and Cultivation Criminal Defense Attorney start working on your case promptly is essential. Key decisions, including how your case is filed and what charges are brought against you, are usually made shortly after arrest or during investigation.
Taking early action enables our Criminal Defense Lawyers to attempt to lower or dismiss charges before the initial court appearance. If you’re dealing with any of these issues, reach out to the Criminal Defense Attorneys at Gurovich Berk.
Drug Trafficking Attorney
Gurovich Berk possesses extensive experience as a Drug Trafficking Attorney, working with law enforcement, the courts, and prosecutors, particularly regarding Marijuana Use, Sales, and Cultivation.
Avoid consulting someone less qualified. These are serious accusations that can result in severe penalties. Additionally, we’ll charge a flat fee for each part of the case, regardless of the time it takes. We don’t charge clients by the hour or per appearance. That ensures you know exactly what you are paying for and helps prevent unexpected, hefty attorney fees at the end of the case.
Over the years, our Criminal Defense Lawyers have successfully represented many clients charged with Marijuana Use, Sales, and Cultivation as outlined above. We’ve noticed that the longer someone waits to hire a Criminal Defense Lawyer, the more serious the problems can become.
Feel free to contact us for a FREE initial consultation at our office or in the comfort of your home, where we can discuss the best strategies to defend and resolve your case.
Gurovich Berk 24-Hour Telephone Numbers
- Los Angeles: (213) 385-1555
- Sherman Oaks: (818) 205-1555
- Beverly Hills: (310) 288-0795
- Pasadena: (626) 356-0447