Los Angeles Resource Center
The criminality of marijuana use in Los Angeles has been one of the most contested and complex legal issues in recent memory. Being charged for a marijuana crime can be both confusing and devastating for a defendant, with potential penalties often being difficult to completely understand. While medical marijuana laws allow some to possess the drug, these rights have been in contention ever since the laws were passed. As such, some may still be convicted of marijuana-related crimes and suffer serious penalties that affect all aspects of life.
If you or a loved one has been charged with such a crime, contact a Los Angeles marijuana crime defense lawyer at The Law Offices of Daniel E. Kann for a no-cost consultation. With our assistance, you can fully understand the charges that have been leveled against you. This knowledge is vital in defending your rights by crafting a well-rounded defense as soon as possible.
Marijuana Criminal Charges and Penalties
Like all types of drug crimes in California, there are many marijuana crimes, which depend on what actions were allegedly taken with the drug. Some of these are subjected to greater potential penalties than others. Additionally, the severity of penalties depends on the amount of drugs that were recovered by police and linked to the suspect.
- Simple Possession of Marijuana (Health & Safety Code 11357) - Possessing less than 28.5 grams of marijuana is an infraction punishable by a $100 fine, more than 28.5 grams is a misdemeanor punishable by six months in jail and/or a $500 fine.
- Sale/Transportation of Marijuana (Health & Safety Code 11360) - Transporting the drug within state boundaries can be a misdemeanor. However, transporting marijuana into the state is a felony punishable by two, three, or four years.
- Possession of Marijuana for Sale (Health & Safety Code 11359) - Prosecutors may use evidence such as cash, paraphernalia, scales, ledgers and other evidence to try and prove the defendant was looking to sell the drug. This can be a felony penalized by up to three years in prison.
- Marijuana Cultivation (Health & Safety Code 11358) - Planting, cultivating, harvesting, drying, or processing marijuana can also be a felony crime.
- Possession of Concentrated Cannabis (Health & Safety Code 11357(a)) - Possession of this drug, also known as hashish, can be punished by one year in jail and/or a $500 fine, or by up to three years in state prison, no matter how much of the drug is involved.
- California DUI involving Marijuana (California Vehicle Code 23152(a)) - Like driving under the influence of alcohol, driving under the influence of marijuana is a crime that can lead to driver's license suspension, DUI school, installation of an ignition interlock device in your vehicle, probation, as well as various fines and jail time. However, impairment for the purposes of a DUI conviction due to being under the influence of marijuana is very difficult for prosecutors to prove. Therefore, when one is charged with DUI for driving while under the influence of marijuana, an experienced Los Angeles DUI attorney can often negotiate a reduced charge or achieve a dismissal.
- Driving in Possession of Marijuana (California Vehicle Code 23222(b)) - Unless authorized by law, driving a motor vehicle while possessing more than one ounce of marijuana is an infraction punishable by a $100 fine.
Alternative Sentencing Options
While Los Angeles prosecutors will often attempt to pursue the harshest penalties possible against defendants, this does not have to be the result of your case. California Drug Courts have established alternative sentencing through drug diversion programs for many types of drug crimes. For defendants who have been shown to suffer from addiction, it is possible to be sentenced to probation, rather than put behind bars.
Additionally, alternative sentencing programs such as Proposition 36 and PC-1000 (also known as DEJ) have made probation available for many drug crime defendants that involves enrollment in various programs and classes. When these classes and programs are successfully completed, convictions can be avoided altogether and the case will be dismissed. Please see our page on Alternative Sentencing and Drug Diversion on this web site for more information.
With the assistance of a skilled Los Angeles marijuana lawyer, the right path for you as you fight your case will be chosen. Whether the path chosen means opting for alternative sentencing, or choosing to fight back against your charges at trial, skilled legal representation will help to preserve your rights and your future.
Defending Against Life-Changing Penalties
Los Angeles marijuana crime defense attorney Daniel E. Kann represents defendants through the use of skills and insight gained from years of courtroom success. At The Law Offices of Daniel E. Kann, we understand that a successful defense comes from extensive legal knowledge and experience that will join to determine the best options in the defense of a client. Through testimony, evidence, alternative sentencing, and negotiations, charges can be reduced and outright dismissed in order to preserve the current and future wellbeing of a defendant. If you are facing marijuana charges, contact our office today at (310) 954-9356 and begin your path toward a better future.