Marijuana: Possession, Sale & Cultivation Crimes
Drug Defense Attorney Serving Orange County, CA
At The Law Office of Barney B. Gibbs, our Anaheim drug lawyer wants you
to know the laws surrounding marijuana. Possession of cannabis (marijuana)
is illegal according to the California Health and Safety Code § 11357(a).
According to this statute, you could be sentenced to a maximum of one
year in county jail and/or a fine of $500 if you are found to be in
possession of concentrated cannabis.
Recently, however, California implemented a change to the regulations regarding
marijuana for personal use. Subsection B of § 11357 now states that
possession of less than 28.5 grams of marijuana for personal use (rather
than for sale/profit), is now only considered an infraction, similar to
a traffic violation. This crime is punishable by a maximum fine of $100.
Possession of marijuana is one of the most common drug crimes committed
in the state of California and in Orange County. Possession of marijuana
for sale is also quite common.
Cultivation is slightly rarer, as it is a more serious offense. Cultivation involves
growing cannabis plants, but this is only a crime for those who do not
have a medical license to do so. Some cultivators are considered medical
dispensaries and some patients may cultivate their own cannabis if they
do not live in close proximity to a dispensary.
California Health and Safety Code § 11357
According to the Health and Safety Code § 11357(c), possession of
marijuana above the amount of 28.5 grams is punishable by imprisonment
in county jail for up to six months and a maximum $500 fine. This crime
becomes an aggravated offense under certain circumstances. For example,
if this is not a first offense, the penalties will be enhanced. If the
marijuana was on a school premises, the penalties can be enhanced. A fairly
new addition to the list of illegal narcotics is
synthetic drugs. Therefore, synthetic marijuana carries with it the same penalties as
Subsection B of § 11357.5 of the Health and Safety Code details which
substances are considered to be synthetic marijuana; the list includes
- 1-pentyl-3(1-naphthoyl) indole
- 1-butyl-3-(1-naphthoyl) indole
In simpler terms, these substances are included in most so-called "designer
drugs" that are made of things like natural herbs and chemicals.
The purpose of these designer drugs is to mimic the effects of marijuana,
while not actually containing the cannabis substance. Some of the most
well-known types of synthetic cannabis include K2 and Spice brands.
Put More Than Three Decades of Experience on Your Side
If you have been arrested for a
drug crime such as possession, sale or cultivation of marijuana, get in touch with
the firm as soon as possible. These cases, like all criminal cases, are
time-sensitive. Clients often benefit most when they act fast. A drug
crime conviction carries with it a stigma. You will have a mark on your
criminal record that can affect your ability to gain employment, loans,
etc. To avoid a conviction, you need an aggressive advocate on your side,
fighting for your rights. Barney Gibbs has more than three decades of
experience exclusively practicing
If you've been arrested, do not hesitate to
contact an Anaheim drug crime attorney from The Law Office of Barney B. Gibbs today.
We offer free case evaluations.