San Diego Drug Crime Attorney

An Overview of Marijuana Possession Charges

Under state and federal laws, it is illegal to possess a controlled substance such as marijuana, cocaine, heroin or LSD. Although marijuana is considered a less serious drug than cocaine or heroin, a person is still subject to criminal penalties if they possess 28.5 grams or more of marijuana. If you have been accused of a drug crime, contact a San Diego drug crime attorney as soon as possible to discuss your possible defenses.

How a person is prosecuted for marijuana possession will vary depending on the amount of the drug, their prior criminal history, as well as their purpose for using it; for example, a person who possesses a very small amount for personal use will be subject to much lighter penalties than someone who is cultivating ten plants. A person arrested for marijuana possession in California face the following penalties:

• Any person who possesses less than 28.5 grams of marijuana is guilty of an infraction that is punishable by a maximum $100 fine.
• Any person who is found to possess concentrated cannabis faces up to one year in jail and a maximum $500 fine.
• Any person who is found possessing more than 28.5 grams of marijuana faces up to six months in jail and/or a fine of not more than $500.
• Any person under 18 years of age who is found to possess not more than 28.5 grams of marijuana upon school grounds during school hours or during the time that school-related programs are in process is guilty of a misdemeanor offense and could face up to $500 in fines, commitment in juvenile hall, or other secure juvenile facility.
• Any person, who plants, cultivates, dries, or harvests marijuana shall be incarcerated in a state prison.
• Anyone guilty of transporting, importing, selling, furnishing or attempting to transport marijuana shall be imprisoned in state prison for a period of two, three or four years.
• Any person over the age of 18 who gives , offers, offers to furnish any marijuana to a minor 14 years or older shall be punished by state prison for three, four, or five years.

San Diego Marijuana Possession Lawyer

In the state of California and all across the nation, marijuana is the drug of choice; however, a conviction for a drug crime can have a significant impact on your future. Whether you are charged with a misdemeanor or felony will depend on a number of factors, but having the right lawyer by your side can make all the difference in the outcome of your case.

Attorney James N. Dicks has worked in the criminal field since 1977. There are diversionary programs as well as defenses such as questioning law enforcement's search & seizure that may get your drug charges reduced or dropped. Contact the firm today to learn about your possible drug defenses as well as any applicable alternatives to jail sentencing that you may be eligible for.

Arrested for marijuana possession in California? If so, contact San Diego drug crime attorney James N. Dicks to schedule your initial case evaluation!