California State Law on Marijuana.

Just because some surrounding western states have legalized the recreational use of marijuana does not mean anything has changed in the state of California.  Many forms of possession, use, and sale of marijuana could get you arrested and land you in jail.  Here is a brief overview of the current California law on the subject.

Unless you are a qualified marijuana patient, possession of 28.5 grams or less for personal use is considered an infraction with a maximum penalty of a $100 fine.  If there is an intent to distribute ANY amount of the drug, that is a felony subject to between 16 months and 3 years of incarceration!  Even if you cultivate any amount of marijuana the penalty once again could be up to 3 years in prison.

If you or someone you care about has been arrested for any marijuana infraction you must not hesitate.  Maybe someday soon the laws of the Big Bear state will change, but for now you must call Attorney William Chestnut a top criminal attorney for more than 3 decades at (408) 298-6990.  Tomorrow’s accepted lifestyle may be today’s prison sentence!

States Like Washington And Colorado Have Legalized Marijuana For Recreational Use, California Has Not

Marijuana is becoming more accepted by mainstream society every day. While states like Washington and Colorado have fully legalized it for recreational use, California has not.

Some say that the states of Colorado and Washington have decided to wage war on the federal government. The state law is in direct conflict with the federal law that classifies marijuana as a schedule II narcotic. Which means, the states of Washington and Colorado have essentially said to the Feds, "Come and get us."

In California, we have the compassionate care-givers act. This allows patients to use marijuana for medicinal purposes. The license is given out by doctors after a brief examination. It is easy to obtain and it is the difference between breaking the law and abiding by it. Even though this seems like a loop hole, it's actually a much better way to navigate around an archaic law while not directly challenging the federal government.

If you are unlicensed and you are caught with marijuana, the punishment is relatively minimal... Unless that is, you have an eighth of marijuana broken up into little bags. Then you could be arrested for "intent to sell and distribute." There are all sorts of loopholes where law enforcement can trump up charges. In the cases of individuals who are caught selling LSD, they will busted for "weight" rather than quantity. The paper that the LSD comes on weighs far more than the LSD itself. As a result, there are many doing prison time simply for paper weight.

Back to marijuana -- the best way to avoid police interference is to become licensed. If you have been accused of or charged with marijuana possession, contact San Jose Criminal Defense Attorney William Chestnut immediately. While you probably aren't facing jail time (unless you were moving large quantities or multiple packages) you could be facing a myriad of fines and probation. If you're going to smoke get licensed, and if you have already been arrested, call us.

Contact Criminal Defense Attorney William Chestnut if you have been arrested for possession of marijuana.