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Understanding California law regarding marijuana offenses can be challenging. Despite some activities related to recreational marijuana being legalized by voters, others remain crimes. If you’ve been charged, a San Diego marijuana lawyer can discuss your situation, explain your legal options, and assist with your defense.
Contact McElfresh Law today at (858) 283-5367, or use the online form, to schedule an appointment for a free consultation today.
If you’ve been charged with a marijuana offense in California, you probably have questions about what’s happening. You may not understand the charge, or why prosecutors have elected to charge you with the offense you’re now facing. You also may wonder about how the legal process works, and what you can do to fight your charge. We have experience handling a broad range of marijuana cases, and can answer your questions and help you make informed decisions about how to proceed with your defense.
Among the types of marijuana charges McElfresh Law has handled are:
In November 2016, voters approved Proposition 64, a ballot measure allowing adults over age 21 to possess, transport, and cultivate limited quantities of marijuana. Additionally, Prop 64 allows for a regulated market for recreational cannabis.
However, that doesn’t mean that California has backed off of prosecuting all marijuana offenses. A number of marijuana offenses on the books in California remain very serious charges, requiring legal help from an experienced San Diego marijuana attorney.
The law is supposed to protect California medical marijuana patients and their caregivers from arrest when they follow state guidelines, but it doesn’t always work that way in practice. Officials sometimes focus on the fact that it is still illegal to possess, grow, transport, and sell marijuana for recreational purposes in California.
However, an experienced attorney can mount a successful defense to these types of charges when you demonstrate that you were involved in legitimate use of marijuana for medical purposes, or were the caregiver for a medical marijuana patient.
Prosecutors in some jurisdictions, such as San Diego, have become more aggressive about charging people with higher-level marijuana offenses. If you’re convicted of a marijuana offense other than simple personal possession, you may face:
These penalties can be life-altering. That’s why it’s important to work with a cannabis lawyer in San Diego who has handled cases like yours who can fight for the most favorable outcome for your circumstances.
California’s marijuana laws are complex and ever-changing. If you’ve been charged with a marijuana crime, it’s critical to seek the advice of an experienced San Diego marijuana attorney. You need someone by your side who stays up to date on the latest developments in state marijuana laws and is familiar with the courts and prosecutors involved in your case.
Although marijuana charges can be serious, a skilled San Diego marijuana attorney who knows the laws and courts may be able to negotiate with prosecutors to get your charges dismissed or reduced. Additionally, many marijuana offenses are eligible for probation, or for you to complete a drug treatment program instead of a jail sentence.
Possession of over 28.5 grams of marijuana carries the risk of jail, depending on the specific circumstances.
Penalties vary based on factors like the amount possessed and whether you have a prior criminal history.
According to California Health and Safety Code Section 11357, adults 21 and over can possess up to 28.5 grams (one ounce) of marijuana flower and eight grams of concentrated cannabis.
No. Even though marijuana is legal for recreational use, smoking or consuming marijuana in public is illegal. This includes smoking near schools or playgrounds.
Yes, adults 21 and older can grow up to six marijuana plants per household for personal use. The plants must not be visible from a public place and must be grown in a secure location.
Jessica McElfresh is an experienced San Diego marijuana attorney who will go over every detail of your case and give you a realistic assessment of your options going forward. We also have a strong track record of resolving San Diego marijuana cases so our clients can put their marijuana charges behind them and move on with their lives.
You don’t have to wait until you’re charged to call us. We can start representing you from the time you’re being questioned or investigated by law enforcement and continue to be a strong advocate for you and your rights through the court process.
Call us today to speak to a skilled attorney – we can be reached at (858) 756-7107 or through our contact form.
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