Marijuana laws in California have been completely overhauled the last few years. But with this overhaul comes some misconceptions and uncertainty. Though it is now permitted for both medical and recreational purposes, it is still regulated. And with that regulation comes restrictions with its use. And with those restrictions come penalties when the law is violated.
William S. Kroger is a marijuana criminal defense lawyer in L.A. County. He has experienced the changes in marijuana laws throughout the years and always keeps abreast with the latest marijuana legal news. If you find yourself charged with a marijuana-related offense, contact William S. Kroger Attorney at Law today. He will assess the charges and the circumstances and identify a strategic defense to keep you out of jail and your record clean.
Marijuana Drug Crimes in California
Marijuana is a controlled substance. Federally, it is still illegal, but in California, it is permitted to some extent but remains strictly regulated. Here's a summary of the important aspects of California's marijuana laws.
Medical Marijuana: Compassionate Use Act
California was the first state to pass a law allowing medical marijuana. The Compassionate Use Act passed in 1996. It outlines exactly how marijuana may be used for medical purposes and the penalties you face if the law is violated. Penalties include anything from jail, fines, or -- among other penalties -- community service. Most violations are classified as misdemeanor offenses.
Recreational Marijuana in California (HSC § 11357)
Recreational marijuana in California became legal on January 1, 2018. California now joins a handful of states allowing marijuana to be used for recreational purposes. But not everyone is permitted to use marijuana for this purpose and those who can use it cannot do so without limitations. According to California's Health and Safety Code § 11357, you must be 21 years of age or older, and you can only possess up to 28.5 grams of marijuana, 8 grams of concentrated cannabis, or 6 plants at any given time.
Possession of Marijuana with Intent to Sell (HS § 11359)
Possession of marijuana with intent to sell remains illegal in California. According to California's Health and Safety Code § 11359, you can face jail and fines, among other penalties, for possessing marijuana with the intent to sell in a manner or amount otherwise allowed by law. There are only two ways an individual or entity can possess marijuana with the intent to sell, and that is if it is a California licensed business to sell recreational marijuana or a licensed medical marijuana dispensary.
Cultivating Marijuana (HS § 11358)
In general, cultivating marijuana also remains illegal but for exceptions in accordance with the law established through the Compassionate Use Act and the Adult Use of Marijuana Act. Penalties for violating this law are usually charged as misdemeanors, but could as simple as an infraction or as serious as a felony is aggravating circumstances apply. Those who can cultivate marijuana are defined by law and vary according to its purpose: medical or recreational.
Selling Marijuana (HS § 11360)
Selling marijuana remain illegal except as outlined by the new laws on recreational marijuana and the old laws on medical marijuana. If you do not have the proper legal authorization to sell recreational or medical marijuana, then it is a violation of the law if you do so. Penalties depend largely on the circumstances, but the crime is most usually charged as a misdemeanor.
Selling Marijuana to a Minor (HS § 11361)
Selling marijuana to a minor is illegal in California, except for certain medical marijuana purposes. A minor can also not be hired to transport, sell, prepare for sale, or give marijuana to another person or entity. It is also a crime to induce a minor to use marijuana. These crimes are usually charged as a felony, therefore, you can expect incarceration and steep fines if convicted of the same.
Contact a Marijuana Defense Attorney Today
If you have been charged with a marijuana crime, contact criminal defense attorney William S. Kroger. He has been representing people of charged with marijuana crimes for years. He understands how the law and court system work and has a unique ability to develop smart, comprehensive solutions to your legal woes. Contact William S. Kroger Attorney at Law today.