for Your Rights
In recent years, the state of California has actually softened the penalties that are given for marijuana possession. In 2011, changes to California law reduced the offense of possessing an ounce or less of marijuana from a misdemeanor to an infraction. If, however, the possession offense involves a greater amount of marijuana, or if the offense involves certain aggravating factors, the crime can be either a misdemeanor or a felony. Despite the fact that certain marijuana offenses have been made less serious under California law, individuals should not take their charges lightly. Being found guilty of marijuana possession can lead to expensive fines, damage to individuals’ reputations and possible incarceration for the more serious offenses.
Are you looking for a skilled Santa Ana criminal defense lawyer who can help you challenge your marijuana possession charges? If so, you can turn to Thomas Tears, Attorney at Law. As a lawyer who has been providing legal services to individuals throughout Orange County for 39 years, Attorney Thomas Tears is fully prepared to provide you with the professional representation you need. He is fully knowledgeable about California’s marijuana laws and can guide you in the right direction concerning your defense!
The penalties given for a marijuana-related conviction depends on the type of offense that was committed. Here’s an overview:
Possession of 28.5 grams (about an ounce) or less—This offense is considered an infraction and is punishable by a fine of up to $100.
Possession of 28.5 grams (about an ounce) or less on school grounds—If this amount of marijuana is possessed by an adult on school grounds, the offense becomes a misdemeanor and is punishable by up to 10 days in county jail and/or a fine of up to $500. If this amount is possessed by a minor on school grounds, the misdemeanor crime can lead to penalties of a fine of up to $250 for a first offense, or up to 10 days in juvenile hall and/or a fine of up to $500 upon a repeat offense.
Possession of more than 28.5 grams (about an ounce)—This offense is counted as a misdemeanor and is punishable by incarceration in county jail for up to six months and/or a fine of up to $500.
Possession of concentrated cannabis—Concentrated cannabis is commonly known as “wax” and is a type of marijuana that is becoming increasingly popular. Experts say marijuana in this form is more than 80% THC, according to a Fox 11 news story. Possession of concentrated cannabis can be prosecuted as either a misdemeanor or a felony. A misdemeanor conviction can result in up to one in jail and/or a fine of up to $500. A felony conviction can result in up to three years of imprisonment.
Just about the best thing you can do to protect your future is to ensure that you have a qualified attorney defending your rights in your drug case. It may be possible to prove that you did not knowingly possess the drugs, that the drugs were actually under someone else’s control (therefore not in your possession), that you had a legal prescription for the marijuana, etc. Contact us so we can help you effectively fight your Santa Ana marijuana possession charges!