While many states, including California, have taken steps to ease penalties for the simple possession of a controlled substance, federal laws continue to impose severe penalties for drug offenses. When California voters approved Proposition 64 in 2016, this legislation legalized the recreational use of marijuana by people aged 21 and older. Additionally, this legislation reduced criminal penalties for specific marijuana-related offenses for both adults and juveniles and allowed for resentencing or the dismissal and sealing of prior, eligible cannabis-related criminal convictions. Although the passage of Proposition 64 marked a transformative shift in how law enforcement handles marijuana-related offenses, it’s essential to understand that you can still face criminal charges for possessing, selling, growing, or transporting marijuana under California state law. If you are facing drug possession charges in Los Angeles County, now is not the time to close your eyes and hope for the best. The penalties for a marijuana-related offense can still wreak havoc on your life and limit your future in several significant ways. Enlisting high-quality legal representation is the best way you can maximize your chances of obtaining a fair and favorable outcome. As soon as law enforcement arrests you for a drug possession offense, reach out to an experienced and trusted Los Angeles County criminal defense lawyer to discuss the details of your case. This post will explore how California’s marijuana laws work and what steps you can take to protect your legal rights when facing drug-related charges in Los Angeles County.
Marijuana Possession For Personal Use in California
California’s Health and Safety Code 11357 outlines the state’s most current marijuana laws and the associated criminal penalties. Essentially, adults who are 21 years or older are allowed to possess up to 28.5 grams of marijuana (roughly a little over one ounce) for personal use. It’s also legal for an adult to possess up to eight grams of concentrated cannabis (also called hashish). Additionally, it’s important to recognize that there are legal restrictions governing where a person may use marijuana recreationally. While it’s legal to smoke, vape, or consume marijuana and cannabis products in private (and with the consent of the property owner), you cannot do so in any public place (sidewalks, parks, stores, restaurants, workplaces, etc.) or in any location that prohibits the smoking of tobacco products. Moreover, you are prohibited from possessing an open container of marijuana in public, even if you are not actively consuming or using it. Below are just a few concrete examples of marijuana possession offenses that are considered California misdemeanors or infractions.
Underage Possession of Marijuana
It is illegal for people under the age of 21 to possess marijuana, if it’s for personal or recreational use. However, this offense is considered an infraction, meaning that the penalties do not include jail time. Instead, people under the age of 18 may be sentenced to attend drug counseling or perform a set number of community service hours. For individuals over the age of 18 but under the age of 21, the penalty may also include a fine of up to $100. (Persons over 18 may be permitted to use marijuana for medicinal purposes, with a doctor’s recommendation). In instances where the defendant is under 18 years of age, and the amount of marijuana found in their possession exceeds 28.5 grams (or exceeds 4 grams of concentrated cannabis), the court will likely sentence them to attend drug counseling and complete community service. The same penalties apply to defendants under the age of 18 who are discovered to have marijuana or concentrated cannabis in their possession on the grounds of a K-12 school. All of these offenses are considered infractions, meaning that the penalties aim to support the defendant to make healthier choices (rather than to punish them for their behavior).
Marijuana Possession Offenses for Adult Defendants
Although California residents are legally allowed to possess up to 28.5 grams of marijuana for recreational use, violations of the state’s marijuana possession laws can lead to misdemeanor charges. If law enforcement discovers more than 28.5 grams of marijuana in your possession, you could face a misdemeanor charge that’s punishable by up to six months in county jail, up to $500 in fines, or both. You could also face a misdemeanor charge for possession of marijuana or concentrated cannabis on the grounds of a K-12 school—an offense that is punishable by up to $250 in fines (for a first-time offense). Even if these penalties do not seem life-changing or overly severe, they will still affect your criminal record and potentially limit your housing and employment opportunities in the future.
Marijuana Possession With Intent to Sell Charges in California
Proposition 64 also legalized the sale of marijuana, but only for businesses that obtain the required licenses and operate in accordance with both state and local requirements. In California, it remains a crime to sell marijuana without a valid license. Most adult defendants charged with the possession for sale of marijuana without a license face misdemeanor penalties, such as spending up to six months in county jail and paying up to $500 in fines. The charges could escalate to the felony level if the defendant has a prior conviction for a serious violent felony or at least two prior misdemeanor convictions for marijuana possession for sale. If the offense involved a knowing or attempted sale to someone under the age of 18, you could also face a felony charge. California’s drug possession laws can be nuanced and challenging to navigate on your own, so reach out to a trusted and skilled Los Angeles County drug crimes lawyer to discuss your specific case.
Start Defending Your Future Today
Facing a criminal charge of any kind can be overwhelming and stressful. Even if you don’t think that the alleged offense is that serious, the outcome of this incident can impact your life in many ways. Now is not the time to leave your future up to chance—enlist the guidance of a skilled and experienced Los Angeles County criminal defense lawyer who can enforce your legal rights and advocate for your best interests.
Even though California has taken steps to lessen penalties for marijuana possession, many drug crimes still carry serious consequences. If you have been charged with a drug offense in Los Angeles County, call Wegman & Levin right away at (818) 980-4000 to schedule a free consultation with an experienced and dedicated criminal defense lawyer.
