Have You Been Arrested In California for a Marijuana-Related Offense?

At Tully and Weiss We Have an Exceptional Track Record of Positive Outcomes (7 straight jury trial verdicts in tough cases) in Marijuana Cases.

The enactment of the Marijuana Tax Act of 1937 made marijuana illegal in the United States. In the State of California, the Medical Marijuana Protection Act and Compassionate Use Act give eligible citizens certain rights and protections around marijuana possession and use. However, marijuana remains illegal under federal law and is labelled a Schedule I drug with no medical value under the Controlled Substances Act (21 U.S.C. § 811).

A number of criminal charges exist relating to the recreational use, possession, sale or production of marijuana in California state, including:

  • Possession of marijuana paraphernalia
  • Possession of marijuana for personal use
  • Cultivation of marijuana
  • Possession of marijuana with intent to sell
  • Sale (or gift, import or transport) of marijuana
  • Production, intent to sell, or sale of concentrated cannabis (hashish)

Arrest can be a frightening situation and the legal penalties for marijuana-related charges can be severe. California marijuana defense criminal attorney Joseph Tully understands things happen. No one should be judged entirely by one difficult moment.

If you have been arrested for the possession or distribution of marijuana, contact the Tully and Weiss criminal defense team today to protect your rights and preserve your future:
Contra Costa 925.229.9700 | Alameda 510.269.9227 | North Cal 530.776.0840

What are the Penalties for Possession and Cultivation of Marijuana?

If you are charged with marijuana possession or cultivation, penalties can be severe. The following are guidelines to the penalties that may apply under the California Codes:

  • Possession of paraphernalia (11364 HS): This is a misdemeanor, punishable by up to six months in county jail and a maximum $1000 fine. You may be eligible for drug diversion as an alternative to jail (for those charged with non-violent drug possession or drug use offenses).
  • Possession for personal use (11357 HS): "Simple possession" of 28.5 grams (about an ounce) or less of marijuana (other than concentrated cannabis) is a non-criminal violation punishable by a $100 fine. There is no jail time. Possession of any amount on school grounds is a misdemeanor and carries a $500 fine. Possession of greater than 28.5 grams is a misdemeanor (or possible "wobbler" felony) punishable by six months to one year of jail time and a $500 fine.
  • Cultivation (11358 HS): Participation in or ownership/dominion over property involved with planting, cultivating, harvesting, drying or processing marijuana is a felony with a two to three year county jail sentence. You may be eligible for drug diversion.
  • Possession with intent to sell (11359 HS): Possessing any amount intended for sale is a felony punishable by two to three years in county jail. You may be eligible for probation. This charge is not eligible for diversion unless it is reduced to simple possession.
  • Concentrated cannabis: Possession of concentrated cannabis (hashish) for personal use is a misdemeanor punishable for up to one year in county jail and/or a $500 fine. Intent to sell concentrated cannabis is a felony punishable by two to three years in county jail. You may be eligible for diversion in misdemeanor cases.

Your options will depend on a number of variables including your criminal history and specific circumstances.

Connect with leading California marijuana criminal lawyers at Tully and Weiss today to discuss your case and defend your rights:
Contra Costa 925.229.9700 | Alameda 510.269.9227 | North Cal 530.776.0840

What are the Possible Penalties for Distributing Marijuana?

Penalties for marijuana distribution are more severe than possession penalties. Suggested consequences for marijuana distribution under the California Code of Criminal Procedure are as follows:

  • Sale of marijuana (11360 HS): May be a misdemeanor or felony depending on amount and whether an actual sale or import occurred. Transporting or gifting of 28.5 grams or less is a misdemeanor punishable by a $100 fine with no jail time. Transporting or gifting of more than 28.5g is a felony punishable by two to four years in county jail. Diversion is not available, but you may be eligible for probation.
  • Production of concentrated cannabis (11379.6): Selling, production or transport of concentrated cannabis is a felony punishable by two to three years in county jail. Production of concentrated cannabis is not protected by the Medical Marijuana Protection Act or the Compassionate Use Act.

Marijuana distribution charges are taken very seriously in California law enforcement. Joseph Tully’s remarkable record of earning Not Guilty verdicts is based on an unwavering willingness to fight back against law enforcement’s presumption of guilt and prosecutors’ deal making machinery that bullies a guilty plea without proving a case.

Call Joseph Tully today to discuss your case, protect your rights, and preserve your future.
Contra Costa 925.229.9700 | Alameda 510.269.9227 | North Cal 530.776.0840

What are the Secondary Consequences of a Marijuana Conviction?

For many defendants, arrest and conviction for a marijuana charge can lead to a number of secondary issues that can cause problems that linger for years. These secondary consequences often affect:

  • Driver’s license validity
  • Child custody
  • Adoption eligibility
  • College acceptance
  • Student loan eligibility
  • Employment outlook
  • Firearm purchase eligibility
  • Military eligibility
  • Government assistance eligibility

California marijuana criminal attorney Joseph Tully’s legal team will examine the details of your case and the prosecution’s case against you in order to build a customized, comprehensive defense strategy. Ensure your rights and future opportunities are protected from the harsh penalties that come with a marijuana conviction.

Contact Joseph Tully today to discuss your case:
Contra Costa 925.229.9700 | Alameda 510.269.9227 | North Cal 530.776.0840

What are the Strategies for Defending a Marijuana Charge?

If you have been arrested for marijuana charge in the state of California, a number of defenses may be available to you. The defense your lawyer applies will depend upon your criminal history and the specific circumstances involved. Some of the available defenses your attorney may consider include:

Disproving the charge: Each offense has a group of elements that define it. In criminal law, the state is required to prove each element of the crime beyond a reasonable doubt (meaning more than 50:50). Your defense attorney will attempt to show that one of the elements was not present.

Possession of paraphernalia: The prosecutor must prove that 1) you exercised control over or had the right to control the paraphernalia, 2) you knew of the paraphernalia’s presence and 3) you knew it was drug paraphernalia.

Possession of marijuana: The prosecutor must prove that 1) you had possession, 2) knowledge of possession, 3) knowledge that marijuana is a drug, and 4) a useable quantity.

Cultivation of marijuana: The prosecutor must prove that 1) you knowingly participated in or owned/had dominion over the property for planting, cultivating, harvesting, drying or processing marijuana.

Intent to sell marijuana: The prosecutor must prove that 1) you possessed a usable quantity, 2) you knew of its presence, 3) you knew it was a controlled substance, and 4) you intended to sell it. Intent can be determined from your statements, offers, amount (more than 2 ounces), packaging, equipment (scales), location, cash, past history or observation of sale.

Sale of marijuana: The prosecutor must prove that 1) you were selling, giving away, importing into the state or transporting any amount.

Driving while under the influence of marijuana: The prosecutor must prove that 1) you drove a motor vehicle, 2) under the influence of marijuana, and 3) because of the marijuana your abilities were impaired so you were unable to drive with caution of a sober person, using ordinary care, under similar circumstances.

The Medical Marijuana Program Act and Compassionate Use Act

In addition to disproving one of the elements of the crime existed, California marijuana laws have the additional defenses of the Medical Marijuana Program Act and the Compassionate Use Act that may be applicable. If you have a recommendation from a doctor that marijuana is beneficial for a symptom or condition that you have, or if you are a member of a collective or running a dispensary, you may be eligible for this defense.

Illegal search and seizure

If the police gathered evidence during the search of your person, vehicle, or other property in an unconstitutional manner, or if police used an improperly drafted search warrant or searched areas outside the scope of the search warrant, the evidence may be suppressed and will not be eligible for use against you in court.

Police misconduct or entrapment

If the police engage in inappropriate or illegal actions or use false arrest, intimidation, brutality, racial profiling or other abuses of power, or if a police officer induces a person to commit a criminal offense that the person would have otherwise been unlikely to commit, charges may be dismissed, convictions reversed, or sentences reduced.

Prosecutorial misconduct

If the prosecutor attempts to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment, charges may be dismissed, convictions reversed, or sentences reduced.

Attorney Joseph Tully’s meticulous preparation consistently uncovers reasonable doubt by identifying every imperfection in the prosecutor’s case, discrediting unreliable witnesses, excluding tainted evidence, spotlighting police misconduct and identifying legitimate alternative fact narratives. Superficial cases fail and justice is restored under Joseph’s scrutiny and diligence.

Call Joseph Tully today.
Contra Costa 925.229.9700 | Alameda 510.269.9227 | North Cal 530.776.0840

Where in the Process Should I Contact an Attorney?

If you are arrested for a marijuana-related offense, the first thing you need to do is to connect with an experienced criminal defense attorney. You have a limited amount of time to prepare your case, and police, prosecutors and investigators are already deep in their own case preparation.

The Tully and Weiss criminal defense team has represented many clients charged with possession or distribution of marijuana and has the knowledge and experience necessary to develop a powerful defense to prevent your arrest from affecting your future goals. Contact the Tully and Weiss Law Firm today:
Contra Costa 925.229.9700 | Alameda 510.269.9227 | North Cal 530.776.0840

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