Possession of Marijuana
In the State of California, it is a misdemeanor offense to possess one ounce (28.5 grams) or less of marijuana. However, the simple possession of any amount greater than an ounce of marijuana is known as a “wobbler” and can be charged as either a misdemeanor or felony offense at the discretion of the District Attorney’s Office in your county.
Possible Penalties
Someone who is arrested, charged with,
and found guilty of misdemeanor possession of less than one ounce of marijuana,
pursuant to California Health and Safety Code Section 11357(b) the greatest
penalty that you could face is a $100.00 fine and no jail time unless you have
prior convictions for the same offense. Then, there may be other consequences
such as education, treatment, rehabilitation programs, etc... Regardless, this is still a misdemeanor conviction
on your record. If you are arrested, charged with, and found guilty of misdemeanor
possession of more than one ounce of marijuana pursuant to California Health
and Safety Code Section 11357(b), then you face greater monetary fines along
with the possibility of serving up to one year of jail time or alternative
sentence such as work release, community service, electronic monitoring, etc…
In addition to being charged with the simple possession of marijuana, there are other associated possession crimes that carry harsher penalties. One example is the possession of marijuana on a school property while school is in session. If you are arrested for, charged with, and found guilty of this offense, you may be subjected to higher fines and more jail time. For all these reasons, you need a skilled lawyer that knows these differences and the nuances of the California Drug Laws to help you. At WILL & WILL, LLP, our drug crimes defense lawyers have been handling all types of misdemeanor and felony marijuana-related possession crimes for many years.
Our team of former prosecutors and experienced drug crimes defense attorneys know how to get you or your loved one into drug diversion programs such as PC1000 and/or Proposition 36 in lieu of serving jail time. Furthermore, if drug diversion is available, then once successfully completed, the case will be dismissed rather than appear on your criminal record as a conviction. Our lawyers are available to answer any questions you may have about possession of marijuana offenses. Call or fill out our online contact form to talk to a drug crimes defense lawyer at WILL & WILL, LLP about your case today.
