Is Marijuana Possession Still a Crime in California?
Marijuana is legal in California for adults 21 and older, but possession can still be a crime in certain circumstances. For example, carrying more than 28.5 grams of marijuana or possessing it as a minor can result in criminal charges.
Despite legalization, individuals still face serious offenses such as illegal distribution, possession near a school, or transporting marijuana across state lines. You must deal with strict court procedures, evidence rules, and potential penalties like fines, probation, or even jail time if charged.
Prosecutors may also push for harsher consequences depending on the circumstances of the case. You should, therefore, work with a legal professional to understand and protect your legal rights.
A skilled criminal defense attorney can explain the charges, challenge the evidence, and represent you in court. They can also negotiate with prosecutors to reduce penalties or seek alternatives such as diversion programs, helping you avoid long-term consequences.
Key Takeaways
- Possession remains a crime for minors, carrying more than 28.5 grams, possession near schools, or transporting across state lines.
- A criminal defense lawyer can challenge searches, negotiate reduced charges, or secure expungement for long-term relief.
- Eligible convictions can be reduced or dismissed through Proposition 64, resentencing petitions, or expungement.
- Felony charges may be reduced to misdemeanors and later expunged, but completing probation, fines, and court requirements is necessary.
- Lawyer experience, case complexity, available resources, and location affect their charge.
- Marijuana restrictions still apply to driving under the influence, federal property, and workplace policies.
- Call a criminal defense attorney for legal advice regarding marijuana use.
Is the Use of Marijuana Legal in California
Yes, marijuana use is legal in California for both recreational and medical purposes. Even so, users must understand restrictions and regulations to avoid criminal charges.
Recreational Use Laws
California legalized recreational marijuana for adults 21 and older through Proposition 64 in 2016, which took effect January 1, 2018. Adults can legally possess up to one ounce (28.5 grams) of marijuana flower or up to eight grams of concentrated cannabis products like oils, wax, or edibles.
You can also cultivate up to six plants per residence for personal use, provided they’re grown in a private space not visible to the public.
Medical Marijuana Protections
California was the first state to legalize medical marijuana in 1996 through Proposition 215. Patients with valid medical marijuana recommendations from licensed physicians can possess larger quantities than recreational users.
Medical patients can cultivate more plants and may have additional protections under state law, though specific limits vary by local jurisdiction.
Restrictions and Limitations
Despite legalization, some notable restrictions remain. You cannot consume marijuana in public spaces, including parks, sidewalks, businesses, or vehicles. Smoking or vaping marijuana is prohibited anywhere tobacco smoking is banned.
Driving under the influence of marijuana remains a serious criminal offense with severe penalties, including license suspension and potential jail time.
Workplace protections don’t exist. Employers can still terminate employees for marijuana use, even off-duty consumption. Federal property, including national parks and military bases, prohibits all marijuana activity regardless of state law.
Age and Youth Protections
Marijuana remains entirely illegal for anyone under 21, with enhanced penalties for providing cannabis to minors. Schools maintain zero-tolerance policies, and possession on school grounds carries serious consequences.
Local Variations
Individual cities and counties can impose stricter regulations or ban marijuana businesses entirely. Los Angeles prohibits outdoor cultivation and consumption in public spaces, requires permits for delivery services, and bans dispensaries within 700 feet of schools. Always check local ordinances, as violations can result in fines or criminal charges.
California Marijuana Laws Possession
While possession is generally legal for adults, specific circumstances can still result in criminal charges where experienced legal representation becomes essential.
Current Possession Limits and Penalties
Adults 21 and older can legally possess up to one ounce of marijuana flower and eight grams of concentrated cannabis. Exceeding these limits results in misdemeanor charges with potential fines up to $500 and six months in jail.
Minors face more severe consequences, including mandatory drug education programs and potential juvenile court proceedings.
Medical marijuana patients with valid recommendations may possess larger quantities, but proving medical status requires proper documentation. Possession in prohibited areas like schools, federal property, or while driving remains illegal regardless of the amount.
The Support of a Criminal Defense Lawyer
- Challenging Illegal Searches: Many marijuana possession cases stem from unlawful police searches. A criminal defense attorney can examine whether officers had probable cause, valid search warrants, or constitutional authority to search your person, vehicle, or property. Successful suppression motions can lead to case dismissal.
- Proving Medical Necessity: A criminal defense attorney can help a medical marijuana patient establish valid defenses by obtaining medical documentation and proving that physician recommendations were legitimate. They can also demonstrate compliance with medical marijuana laws.
- Negotiating Reduced Charges: A criminal defense lawyer can leverage relationships with prosecutors to negotiate reduced charges. They can also explore alternative sentencing options like drug diversion programs, which avoid criminal convictions.
- Protecting Constitutional Rights: A criminal defense attorney will ensure the police follow proper procedures during arrests, read Miranda rights, and conduct investigations legally. Violations of constitutional protections can invalidate entire cases.
- Local Law Navigation: With varying city and county regulations, a criminal defense lawyer understands specific local ordinances that may affect your case. They can identify when local laws conflict with state regulations or when charges exceed legal authority.
- Future Consequences Mitigation: Beyond immediate penalties, marijuana convictions can affect professional licenses, immigration status, and federal benefits. A criminal defense attorney will work to minimize long-term impacts through strategic case resolution and record sealing options.
Can My Marijuana Conviction Be Reduced or Dismissed in California?
Yes, California offers several options to reduce or dismiss marijuana convictions, especially given the state’s evolving cannabis laws. Many people with prior marijuana convictions can benefit from these legal remedies.
- Automatic Relief Under Proposition 64: California automatically reviews and reduces eligible marijuana convictions. Many felony marijuana convictions have been reclassified as misdemeanors, while numerous misdemeanor cases are dismissed. Automatic relief affects convictions for activities that are now legal under current law.
- Petition for Resentencing: You can petition the court under Penal Code Section 1170.18 to reduce felony marijuana convictions to misdemeanors. Courts must grant these petitions unless they determine you pose an “unreasonable risk of danger to public safety.”
- Standard Expungement Process: Traditional expungement under Penal Code Section 1203.4 remains available for marijuana convictions. Expungement allows case dismissal after completing probation, helping with employment and housing applications.
How Do I Remove a Felony From My Record
How Marijuana Use Becomes a Felony in California
Here are several circumstances that can result in felony charges for marijuana use.
- Large-Scale Cultivation: Exceeding personal use limits, particularly commercial operations without proper licensing, constitutes a felony.
- Sales and distribution without state licenses remain felonious, especially involving huge quantities or repeat offenses.
- Possession With Intent to Sell: Large amounts can trigger felony charges, determined by quantity, packaging, scales, and cash evidence.
- Involving minors in marijuana activities, whether selling to or using minors in operations, elevates charges to a felony level with enhanced penalties.
- Prior convictions under California’s three-strikes law can convert misdemeanor marijuana offenses into felonies.
- Federal property violations or interstate trafficking also result in serious felony charges, even for amounts legal under state law.
A criminal defense lawyer can evaluate your charges and identify potential defenses or mitigating factors that might reduce felony exposure during the initial case.
The Felony Removal Process
Step 1: Reduction to Misdemeanor
You can reduce a marijuana felony charge to a misdemeanor under Penal Code Section 1170.18. The process involves petitioning the court to reclassify your conviction based on current marijuana laws.
A criminal defense attorney will review your case, determine eligibility under Proposition 64 automatic relief provisions, and prepare compelling reduction petitions. They understand which marijuana felonies qualify for reduction and can address prosecution objections about public safety concerns.
Step 2: Complete Sentence Requirements
After reduction, you must complete all sentence requirements, including probation, fines, and community service. Outstanding obligations prevent expungement eligibility.
A criminal defense lawyer can petition for early probation termination, negotiate payment plans for outstanding fines, and resolve compliance issues that might delay the process.
Step 3: File Expungement Petition
After fulfilling all requirements, file a Penal Code Section 1203.4 expungement petition to dismiss the conviction entirely.
A criminal defense attorney can prepare comprehensive expungement petitions highlighting your rehabilitation. They can also gather character references and present persuasive arguments about why dismissal serves justice interests.
Step 4: Handle Court Proceedings
The court reviews your petition, considers prosecution responses, and may schedule hearings to evaluate your request.
A criminal defense attorney can represent you at hearings, respond to prosecutorial objections, and advocate for you before judges. Their courtroom experience and local relationships significantly influence outcomes.
They can also identify alternative relief options, such as certificates of rehabilitation for serious felonies or governor’s pardons for exceptional cases. They also ensure compliance with new laws that may provide additional benefits.
How Much Does a Criminal Defense Lawyer Cost in California
Several factors can influence the fees that lawyers charge for their services. Here are four key factors that affect the cost of hiring a criminal defense attorney in California:
- Experience and Reputation: The more experienced and reputable a lawyer is, the higher their fees will likely be. A criminal defense lawyer with a successful track record and a strong reputation in the legal community often charges higher rates.
- Complexity of the Case: The complexity of your case can impact the cost of legal representation. Cases that involve multiple charges or severe felonies may require more time and resources from the attorney, leading to higher fees.
- Legal Team and Resources: Some legal firms have extensive resources and legal teams that can work on your case. A criminal defense attorney who works in larger firms with more support staff may charge higher fees to cover the overhead costs associated with maintaining a full-service practice.
- Location: The location of the law firm can also affect the cost of hiring a criminal defense attorney. In California, lawyers practicing in major cities like Los Angeles may charge higher fees compared to attorneys in smaller towns or rural areas due to the higher cost of living and operating expenses.
Don’t Face Marijuana Charges Without a CA Drug Crimes Lawyer
Marijuana possession beyond the legal limits can carry severe penalties. For instance, possession of marijuana with the intent to sell without a valid license is typically a misdemeanor, punishable by up to six months in county jail and/or a fine of up to $500.
Beyond the immediate punishment, a conviction can leave a lasting mark on your criminal record, making it difficult to secure jobs, housing, or professional licenses. You must also face court procedure and eligibility rules to expunge or clear the charge.
However, you can enhance the prospects of your case by working with a legal professional. An experienced criminal defense lawyer can face prosecutors, argue for reduced penalties, or pursue expungement.
Contact a criminal defense lawyer for legal support and guidance.
Frequently Asked Questions
Can I Face Felony Charges for Marijuana Offenses?
You can face felonies for selling without a license, cultivating over legal limits, possessing concentrated cannabis illegally, involving minors, or trafficking across state lines. Most simple possession cases are now misdemeanors or infractions under current law.
Can a Lawyer Get My Marijuana Charges Dismissed?
A skilled criminal defense lawyer can potentially get marijuana charges dismissed through various strategies. They may challenge illegal searches, question evidence handling, negotiate with prosecutors, or exploit procedural violations.
With California’s evolving marijuana laws, a criminal defense lawyer can argue for reduced charges, diversion programs, or dismissals based on current legal standards. Success depends on the quality of legal representation and the unique facts of your case.
What Should I Look for in a Marijuana Defense Lawyer?
Look for a criminal defense lawyer with specific experience in drug cases and knowledge of California’s cannabis laws. Choose someone familiar with local courts, prosecutors, and recent legal changes.
Verify their track record with similar cases, communication style, and availability. They should understand search and seizure law, evidence challenges, and alternative sentencing options like diversion programs.
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