California vs. Federal Marijuana Laws

Criminal Defense Attorney in Orange County, California

You may be aware that there are some significant penalties for drug crimes in the state of California; however you may be unaware as to how these penalties compare with the federal penalties. Controlled and illegal substance offenses carry significant penalties at the state level, however they can often be charged as federal offenses as well. This means that you could face significant penalties for a conviction of this offense. There are many different crimes that surround these substances, and there are numerous different substances that can be abused, if you are arrested for a drug crime, then seek the representation of an Anaheim drug crime attorney from The Law Office of Barney B. Gibbs.

State Laws and Federal Drug Laws

California makes various provisions for possession, sale and cultivation of narcotics and illegal substances. Federal laws also make provisions for these criminal offenses, and there are differences between the two.

California Marijuana Possession Law
According to Health & Safety Code §11357, possession of up to 28.5 grams of marijuana for personal use is an infraction that carries no jail time and a $100 fine. Possession of more than 28.5 grams of marijuana is a misdemeanor offense that carries up to six months in jail, and up to $500 in fines. Possession of any amount with the intent to distribute is an automatic felony and carries up to three years in prison.

Federal Marijuana Possession Law
According to 21 U.S.C. §812, Marijuana is a Schedule I drug which means that the federal government recognizes this as a highly addictive and dangerous substance. Referred to as "marihuana," possession of any amount of this substance when charged at the federal level is a misdemeanor offense punishable by up to one year incarceration and up to $1,000 in fines for a first offense. A third or subsequent offense can be charged as either a misdemeanor or a felony and can carry up to three years in prison accompanied by a $5,000 fine for a criminal conviction.

It is important that you understand the penalties that you could face, and that you have an attorney on your side that can fight for your rights. California possession laws are serious, and it is crucial that you are not wrongfully convicted of a crime that you did not commit. With the right representation on your side, you can effectively pursue the defense that you need for your case.

One-on-One Legal Representation

The Law Office of Barney B. Gibbs is a firm that has been dedicated to Orange County, California residents for a number of years. When you choose this firm, you will receive the personal one-on-one service that you need from Attorney Gibbs. He can offer his clients this respectful personal assistance, while many other lawyers simply cannot. The firm has more than three decades of legal experience which can be put to work for you if you choose to work with them, and Mr. Gibbs will stand by you from start to finish of your case if you choose to work with him.

The firm offers a free case evaluation so that you can obtain some legal advice and information regarding the situation that you face before making any financial commitment to the firm. This Anaheim drug lawyer genuinely cares about his clients; let him help you in the situation you face. Contact the firm today to discuss the criminal charges that you face, and to begin the process of retaining the skilled representation that you need for your future.