Marijuana possession offenses are classified as infractions, misdemeanors,
or felonies depending on the quantity of marijuana alleged to have been
found in your possession. At Gibbons & Gibbons, we represent defendants facing
drug offense charges for possession. All charges related to marijuana possession should
be aggressively defended, as repeat offender will face increased penalties.
Keep your record clean. Although there is the general appearance that
our state is soft on marijuana crimes, in fact, when there is a quantity
higher than small amount, the penalties imposed can be significant, including
jail or prison time, fines and other punishments.
In California, marijuana is a Schedule I drug. Possession of a quantity
higher than the threshold amount of 28.5 grams will lead to misdemeanor
charges being filed against you for possession, with penalties of from
10 days to 6 months in jail and a fine of up to $500, or both. Possession
of 28.5 grams or less is an infraction, punishable by a fine up to $100.
Second and third convictions allow for heavier penalties to be imposed.
Any amount of marijuana in your possession can lead to charges of possession
with intent to distribute, if the prosecutor believes that there are added
elements such as drug paraphernalia including weigh scales, packaging
materials or large amounts of cash. In these cases, a felony possession
charge could be filed against you. In a conviction you could face up to
3 years in state prison.
Factors that can influence the penalties imposed upon you can include your
age, and whether it is alleged that you were on school grounds or where
minors are present. Cultivation of any amount of marijuana is a felony
offense. If you are facing charges for cultivation, it is imperative that
our firm gets involved as early as possible in your defense.
If you are facing marijuana possession charges, take advantage of our free
initial consultation find out what options could allow your charges to
be dismissed or reduced. You may be a victim of a rights violation in
search and seizure. Law enforcement makes mistakes, and as a defendant,
you need to have every detail of your case reviewed at once before you
make any decision about your plea.
Contact our office for a professional defense team with over 60 years of shared legal experience
in criminal law.