Oxnard Resource Center
The war on marijuana is one that many oppose due to the drug's potential medical benefits for some individuals. Nevertheless, being charged with a marijuana crime in Oxnard, or any city in California, whether you possess a medical marijuana card or not, is serious and may result in life-changing consequences that affect your job, personal life, and financial stability.
Oxnard marijuana defense lawyer Daniel E. Kann defends the rights of individuals throughout Ventura County. In focusing on presenting your defense to the judge and prosecutors, Dan will work aggressively and meticulously to vindicate your rights so you can get on with your life. Dan will evaluate all aspects of your case, and help you understand your legal rights and walk you through each and every step of the defense process.
Types of Marijuana Crimes
The most common crime a person can be charged with in regards to marijuana is simple possession, which is possession of less than an ounce. This is an infraction; however, if you have a valid doctor's recommendation, the case can be dismissed as an individual can carry up to eight ounces of marijuana with proof of a valid medical marijuana card. If a person is found carrying over half of an ounce to an ounce of marijuana without a doctor's recommendation, they can be charged with possession with intent to sell, especially if they are found with a scale, baggies, and an inordinately large amount of cash. Sales charges are felonies. Here is a list of all California marijuana crimes:
- Sale or Transportation of Marijuana - Health & Safety Code 11360
- Possession for Sale of Marijuana - Health & Safety Code 11359
- Marijuana Cultivation - Health & Safety Code 11358
- Marijuana Possession for Personal Use - Health & Safety Code 11357(b)
- Possession of Concentrated Cannabis – Health & Safety Code 11357 (a)
- California DUI involving Marijuana - California Vehicle Code 23152(a)
Under the Compassionate Use Act of 1996 and Senate Bill 420, an individual has limited authorization to cultivate marijuana for individual medical reasons.
Wobbler Crimes and Drug Diversion Programs
Some marijuana crimes are wobblers, meaning that they may be charged as a misdemeanor or a felony. If a wobbler is charged as a felony, it can be reduced to a misdemeanor at the prosecutor's or judge's discretion. An experienced marijuana defense attorney will know whether or not you are eligible to enter a drug diversion program under Penal Code PC-1000, also known as Deferred Entry of Judgment (DEJ) or Proposition 36 instead of serving jail time. For instance, someone charged with simple misdemeanor marijuana possession may qualify for either PC-1000 or Proposition 36 diversion. However, a person won't be eligible for drug diversion if his or her charges are severe enough and the prosecution doesn't agree to reduce the charges. That said, an experienced marijuana defense attorney may be able to convince a prosecutor to reduce a charge that would otherwise make a person ineligible for a drug diversion program to a lesser charge that would make them eligible for a drug diversion program. For example, a person is charged with Health and Safety Code 11359 (a), Possession of Marijuana with Intent to Sell, a Felony. This charge would make the person ineligible to take part in a drug diversion program, and if convicted, they would become a convicted felon for the rest of their life. However, an experienced marijuana defense attorney will look for mitigating factors in the case such as lack of criminal record, small amount of marijuana seized, and relatively young age of the client. The attorney would then bring these mitigating factors to the prosecutor's attention and argue that it would be in the best interest of justice to reduce the felony sales charge to a simple possession charge in order to allow the client to take part in a diversion program such as PC-1000 or Proposition 36 and have the opportunity to eventually have their record wiped clean and not suffer the effects of being a convicted felon for the rest of their life. Please see our Drug Diversion webpage on this website for more information on the PC-1000 and Proposition 36 diversion programs.
Get Your Life Back On Track
As mentioned above, upon successful completion of either of these programs, your charges will be dismissed. With these points in mind, there are certainly instances when a young person makes a mistake, has their entire future ahead of them, and doesn't deserve the penalties of a dooming felony marijuana charge. An experienced lawyer dedicated to upholding justice to preserve a life will work diligently and aggressively to present an effective and convincing argument in negotiating with prosecutors and building a solid case for someone charged with marijuana possession, distribution, sale, use, transportation, cultivation, and/or possession for sale. To learn more about how you can protect your rights and your future, call experienced Oxnard marijuana attorney Daniel E. Kann today at (805) 290-4932 for a free consultation.