Possession of Marijuana

Ventura Marijuana Lawyer

The legal system takes drug crimes very serious and those that are suspected of any unlawful conduct will need to build as strong a defense as possible in order to avoid conviction. Laws have passed making it legal to use marijuana for some purposes. In cases where the marijuana in question is for medical purposes, you may be protected from prosecution. Qualified patients can use, cultivate and transport marijuana for medical purposes. If standards are not adhered to, then the possession, sale, transportation or cultivation of it can be prosecuted.

Marijuana Crime Penalties

California law dictates that the possession of less than an ounce of marijuana is a misdemeanor punishable by a fine of $100. While this may not seem so bad, you may be vulnerable to being charged with additional drug charges that carry more extreme punishment. Depending on the circumstances of your case, distribution or possession for sale charges are examples of additional charges you may be at risk of facing. Being found with more than 28.5 grams of marijuana can increase the penalties you face up to a fine of $500 and six months in jail.

Marijuana crimes are not only charged as a misdemeanor, but more serious forms, such as the cultivation or sale of marijuana can be charged as a felony offense. These can result in extensive fines and jail time. Possession with intent to sell is also considered a felony and police may fall under the belief that there was intent if certain factors are present such as baggies, measuring scales, large amounts of drugs, drug paraphernalia and cash.

Reducing or Defending Against Charges

In these types of cases there are often a number of ways to defend against allegations or to seek a reduction in the penalties. One of the main things to consider first is the conduct of officers. Did they over step their boundaries and investigate anything that was outside of their jurisdiction, such as searching your home without a warrant to do so? If evidence is obtained in an unlawful manner, then it may be discarded and not applicable to the charges faced. In some cases the court may also choose to award a reduced sentence if it is found that rehabilitation may be obtained. This may be through the use of treatment programs rather than jail time.

No criminal charge should ever be taken lightly as a criminal record can limit future opportunities in almost every way. While we often hear about the war on drugs the reality is that most often those caught up in this war are good people who have made a mistake. My firm believes in your constitutional rights and will vigorously defend those rights. As a Ventura criminal defense attorney, I care about my clients and will work with you to determine a criminal defense strategy designed to protect your freedom.