Valencia Resource Center
A lot of people consider being arrested for a crime one of the worst things that could happen to them. While an arrest and everything that follows is frightening and overwhelming, you don't have to go down this road alone. Marijuana crimes are some of the most contested in California due to state medical marijuana laws conflicting with federal laws. However, this doesn't undermine the potential financial, professional, and personal consequences of an arrest for a marijuana crime.
At the Law Offices of Daniel E. Kann, our Valencia marijuana attorneys protect our clients' rights with effective defense strategies and by ensuring that proper evidence is obtained or that illegally obtained evidence is suppressed, which often leads to the dismissal of the case. With years of experience successfully resolving California marijuana criminal cases, Daniel E. Kann is prepared to build a solid defense in a timely and efficient manner.
Types of Marijuana Crimes
Marijuana crimes in California include the following:
- Sale or Transportation of Marijuana - Health & Safety Code 11360
- Possession of Marijuana for Sale - Health & Safety Code 11359
- Marijuana Cultivation - Health & Safety Code 11358
- Marijuana Possession for Personal Use (less than an ounce)- Health & Safety Code 11357(b)
- Possession of Concentrated Cannabis (Hashish) – Health & Safety Code 11357 (a)
- California DUI involving Marijuana - California Vehicle Code 23152(a)
- Driving in Possession of Marijuana – California Vehicle Code 23222(b)
Out of all marijuana crimes, people are most frequently arrested for Simple Possession of Marijuana. These arrests may result in a dismissal if the individual has an official doctor's recommendation due to the law permitting a person to have up to eight ounces of marijuana with verification of an official medical marijuana card.
If a person is charged with transporting more than half of an ounce of marijuana and they don't have a valid medical marijuana card, he or she can face serious criminal charges, including Transportation of Marijuana or Possession of Marijuana with Intent to Sell. If law enforcement finds a scale, large sum of cash, baggies, and several cell phones, a person may be charged with Sales rather than Simple Possession.
As described in the Compassionate Use Act of 1996 and Senate Bill 420, an individual has limited authorization to grow marijuana for individual medical purposes.
Reducing a Felony to a Misdemeanor
Because a felony entails severe penalties that can forever alter a person's life, an experienced defense lawyer will examine the details of a case to determine whether the felony charges can be reduced to misdemeanor charges or dismissed altogether. Crimes that may be charged as misdemeanors or felonies are called "wobblers." A skilled defense attorney will work diplomatically and reasonably with the prosecutor and judge when negotiating the grounds for a marijuana wobbler crime.
Drug Diversion Programs
If you're facing marijuana charges, it's of the utmost importance to have your attorney help you determine whether you are eligible for a drug diversion program under Penal Code Section 1000, also known as PC-1000 or Deferred Entry of Judgment (DEJ) or another program known as Proposition 36. Once one of these programs is complete, an individual may be exempt from serving jail or prison time and the charge would be dismissed in the end.
For more information on the PC-1000 and Proposition 36 diversion programs, please visit the Drug Diversion webpage on this website.
Protecting Your Rights & Future
Although serious, a marijuana arrest does not have to force you to sacrifice your future. Even if you feel as though the stakes are high against you, it is your lawful right to have quality legal guidance and representation on your side. Daniel E. Kann has been defending the rights of those charged with a wide range of marijuana offenses for many years, therefore he has the legal knowledge and skills to successfully defend your case and preserve your freedom. To learn more about how Dan can help, please call (661) 450-9678 for a free consultation.