Criminal Possession Of Marijuana

This article provides a brief overview of the common charges of marijuana in California. It is essential that any person accused of a crime of marijuana include the prosecution and defense could she.

Marijuana Crimes are generally divided into three categories: (1) possession, (2) possession for sale and (3) sales. Because they are separate criminal charges with penalties and different defenses, it is necessary to consider each count separately.

Possession of marijuana (Health & Safety Code 11357) is charged when a person possesses marijuana for personal use and not for sale. Possession of small amounts of marijuana is usually less than 1 ounce is a misdemeanor punishable by a fine of not more than $ 100. Other charges of possession of marijuana are misdemeanors, except for possession of hash that can be charged as a crime. In most cases, people accused of possession of marijuana qualify for drug diversion, "which is a drug awareness program. If the program is completed the charge of possession of marijuana is usually dismissed!

Possession of marijuana for sale (Health & Safety Code 11359) is a serious charge than simple possession. It is a crime punishable by 16 months, and 2 or 3 years in state prison. "How the cops and the DA to prove that marijuana was possessed for sale and not for personal use? They are generally based on the types of data: respondent marijuana and small bags or a ladder warned marijuana and substantial cash, and there is more marijuana than expected for personal use. Possession for the costs of sale must be vigorously defended against. Successful defenses may include (1) insufficient evidence of intent to sell, (2) illegal search and seizure - it is not uncommon for cops to find marijuana through an illegal search, and (3) shows that even a large amount of marijuana for personal use may be.

sales of marijuana (Health & Safety Code 11360) is charged when the defendant allegedly sold or transported for sale marijuana or simply offer to do so. sale of marijuana is generally a crime punishable by 2, 3 or 4 years in prison. sale of marijuana may be responsible for direct evidence of the sale - for example, staking or undercover - or based on circumstantial evidence, such a large quantity of marijuana and frequent visitors to a local sales suspects. A solid defense must be mounted against the sale of marijuana all costs. If an offer to sell was made under duress, as a result of entrapment, on the basis of an illegal search or seizure, or it is also sufficient evidence of actual sales, thesis defense must be raised to challenge the costs of prosecution of sales.

I hope this was helpful.

Sincerely,

Weinrieb Garrett, Esq.

Defence lawyers Valerio | Criminal Weinrieb

(Note: The information contained in this article is for information purposes only and is not and is not intended to be, legal advice for any individual case or situation. The information contained in this section does not create an attorney-client relationship and the use of this section and any information contained therein does not constitute such a relationship.)