San Diego Marijuana Lawyer


Understanding California law regarding marijuana offenses can be challenging. Despite some activities related to recreational marijuana being legalized by voters, other marijuana-related activities 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) 756-7107, or use the online form, to schedule an appointment for a free consultation today.

Types of Marijuana Cases McElfresh Law Handles

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:

  • Possession of Marijuana — It’s now legal in California to possess up to 1 ounce of marijuana, but if you are convicted of possession of larger amounts, you may face jail time and other potential consequences.
  • Marijuana DUI — The penalties of a marijuana DUI conviction can be severe. Driving under the influence of marijuana can be a serious offense in California that results in jail time, fines, suspension of your driver’s license, and other possible negative effects on your life.
  • Cultivation of Marijuana — Prop 64 allows personal cultivation of up to six cannabis plants, but growing more can lead to serious criminal charges.
  • Transportation or Sale of Marijuana — Transportation and sale of marijuana in essence are activities that California considers marijuana trafficking, and can lead to harsh penalties if you’re convicted. The exception under Prop 64 is the transportation in a closed container of up to 1 ounce of marijuana.
  • Possession of Marijuana for Sale — A regulated system for marijuana sales will be created following the passing of Prop 64. However, possession of marijuana with the intent to sell it outside of this framework may result in criminal penalties in California.
  • Cannabis/Medical Marijuana – If you have been charged with using medical marijuana or cannabis for medicinal purposes and are charged, we can help.

Proposition 64 and Marijuana Legalization

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.

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:

  • A jail or prison sentence
  • Large fines
  • Loss of a professional license or denial of your professional license application
  • Loss of financial aid for college or university classes
  • Denial of your immigration application or revocation of your visa or green card
  • Permanent criminal record as a drug offender, which can result in being denied jobs or rental housing

Jessica McElfresh is an Experienced San Diego Marijuana Attorney

Because 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 California’s marijuana laws, and who knows the courts and prosecutors involved in your case.

Although marijuana charges can be serious, a skilled San Diego marijuana lawyer who knows the laws, the system, and the people involved 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.

Jessica McElfresh is an experienced San Diego marijuana lawyer who can sit down with you, 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 in a way that has allowed many of our clients to 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.