Donte T Wyatt -
How can a criminal attorney protect your marijuana rights?
The possession of marijuana is illegal in the state of California, unless it is possessed for medicinal purposes
and has been recommended by a doctor. However, the law surrounding marijuana California is very complicated and
intricate. For example if a person possesses less than 28.5 grams (an ounce) of marijuana in California then they
will be charged pursuant to Health and Safety Code section 11357(b) and they can only be punished by a fine of
$100. It is basically treated like an infraction.
However, if a person possesses more than 28.5 grams than the person can be charged pursuant to HS 11357(c) which is
a misdemeanor that can be punished by up to six months in jail.
Concentrated Cannibis, which is charged pursuant to HS11357(a) can be charged as a felony or as a
Possession for Sale HS 11359
If a person possesses marijuana for purposes of sale they will be charged with a felony. Similar to other narcotic
cases the District Attorney will seek to prove the intent to sell by either the amount of marijuana possessed, how
the marijuana is packaged (for example packaged in individual baggies), if the charged person is in possession of a
large amount of money, if the person charged has pay and owe sheets or any other indicia of sales.
An experienced criminal defense attorney will attack the element of "intent to sell", by undermining the evidence
that the District Attorney's Office presents to prove the element of "intent to sell" In addition, an experienced
criminal defense attorney will determine if there is a legal basis to suppress the evidence seized in the case. Was
there a warrant? Was there probable cause to initiate a traffic stop? All of these issues must be reviewed and
evaluated by a criminal defense attorney to present an appropriate
Transportation of Marijuana HS11360.
If a person is in illegal possession of marijuana and they transport the marijuana they can be charged with
violating Health and Safety Code section 11360.
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