Marijuana Possession
According to California law, the possession of marijuana is a misdemeanor crime, punishable by up to a $100.00 fine. However, if you possess more than 28.5 grams of marijuana, your penalty can be escalated to a maximum six month jail sentence, a fine of up to $500, or both. (California Health & Safety Code 11357). However, marijuana possession still has a negative connotation in California, even if the charge is a possession for personal use. Those who have a marijuana charge on the record often report having trouble securing employment or many other benefits.
In addition to the monetary fines, in a LA marijuana possession charge a judge has the option to implement Proposition 36 and/or a drug diversion option under California Penal Code 1000. This will require you to attend a drug treatment program (often in lieu of jail time). If you successfully complete the program, the charge will be dismissed and thus not on your permanent record.
This is where having an experienced California criminal defense attorney experienced in dealing with marijuana possession charges will be advantageous. Your attorney will be able to make an argument for Proposition 36 and/or a drug diversion program so as to keep the charge off your record. Another common outcome is that your attorney will work a deal with the prosecuting attorney that in exchange for a specified amount of community service, the prosecution will dismiss the charge.
The Medical Marijuana Exception
Under Proposition 215, patients under medical care and their primary caregivers are excluded from the marijuana possession law. However, to argue that your fall under this exception, you must have the written approval of a physician and have possession of a county-issued marijuana health card. Marijuana for medical use is only available for the treatment of AIDS, anorexia, arthritis, cachexia, cancer, chronic pain, glaucoma, migraines, muscle spasms, seizures and nausea.
Los Angeles Marijuana Possession Attorney
The Law Offices of Jonathan I. Kelman specialize in defending LA marijuana possession crimes. If you or a loved one is facing a marijuana possession charge, seek the support of an attorney practicing only in criminal defense. Remember, when your future is on the line, call the Law Offices of Jonathan I. Kelman at 310.286.1218 for your free initial consultation.