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How to Avoid a Marijuana Possession Conviction for 18-21 Years of Age

admin • May 18, 2021

11357(b) H&S (And Save Your Driver’s License While Doing So) 

Note from Bruce: Under California law, anyone younger than 21 years old who is convicted of a marijuana offense will lose his/her driver’s license for one year, even if the offense is not driving related; this is subject to the discretion of the Judge.  

  1. DEFERRED ENTRY OF JUDGMENT (DEJ) will prevent the loss of your license because the conviction is deferred (held until the conditions are met), and then later dismissed in  18-36 months. Refer to page 10 to learn more about DEJ.  Non-citizens (even with Green Cards) will not be protected from being deported by diversion for possession of marijuana of over 30 grams. INS does not honor diversion.  
  2. INFORMAL DIVERSION: Some prosecutors or courts will agree to dismiss the case if the defendant agrees to participate in conditions like 5-15 Narcotics Anonymous meetings or community service.  
  3. ILLEGALLY SEIZED EVIDENCE: Refer to the previous  “Search and Seizure” section of the guide. Illegally obtained evidence must be suppressed and cannot be used against the defendant in court. Then there would be no conviction or loss of license. 
  4. PLEA BARGAIN: Prosecutors may agree to dismiss the marijuana offense in exchange for a plea to other charges such as “Disturbing the Peace” [PC §415], or “Trespassing”  [PC §602]. Then there will be no loss of license. In addition,  try to get an infraction instead of a misdemeanor count. 
  5. TRIAL BY JUDGE: the defendant has the right to a trial by judge (if the D.A. doesn’t object ) in which he/she does not have to plead guilty or no contest (nolo contendere is the same as pleading guilty or no contest). 

Possession of up to an ounce

By admin • May 20, 2021
Reductions and Dismissals of Prior Marijuana Felonies  As of November 8, 2016, with passage of Prop 64., it is now Legal to Possess (and Give) an ounce of Marijuana & 8 grams of Hashish; California Health & Safety Code § 11362.1, 11362.45;  LAW: POSSESSION, BY ADULTS OVER 21, OF AN OUNCE OR LESS OF MARIJUANA […] The post Possession of up to an ounce first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Possession of Over an Ounce

By admin • May 18, 2021
California Health & Safety Code § 11357;  Except as authorized by the law*, possession of not more than 28.5 grams of marijuana, or not more than four/ eight grams* of concentrated cannabis, or both, shall be punished or adjudicated as follows:  ALL ADULTS 21 OVER IN CALIFORNIA   LAW: POSSESSION OF OVER AN OUNCE OF MARIJUANA […] The post Possession of Over an Ounce first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Possession for Sale

By admin • May 18, 2021
California Health & Safety Code § 11359 b MISDEMEANOR LAW: POSSESSION FOR SALE IS A MISDEMEANOR UNDER MOST   CIRCUMSTANCES: To sell means to exchange any amount of marijuana or  hashish for anything of value. Note that “giving away” up to an ounce of marijuana  is legal in the State of California involving adults over the age of […] The post Possession for Sale first appeared on The Law Offices Of Bruce M. Margolin, ESQ.
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Cultivation

By admin • May 18, 2021
California Health & Safety Code §11362.2 & §11358 Misdemeanor /Felony  LAW: Cultivation of up to 6 live plants of Marijuana is legal per residence for adults  over 21; and you may posses whatever amounts have been previously grown, and  harvested (also in the residence).  Note from Bruce: You may want to keep the root-balls as evidence that […] The post Cultivation first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Driving Under the Influence (DUI) When Impaired

By admin • May 18, 2021
Vehicle Code 23152e CA  PROP 64 DID NOT AMEND OR CHANGE LAWS REGARDING MARIJUANA DUI PROSECUTION   LAW: Even though possession of Marijuana is legalized, it remains unlawful to drive while under  the influence of marijuana or any drug if impaired to the degree that one is unable to operate a  motor vehicle safely.  PENALTY: For […] The post Driving Under the Influence (DUI) When Impaired first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Drug Testing and Employment

By admin • May 18, 2021
Unfortunately notwithstanding the passage of Prop 64 (AUMA), the legalization of marijuana/cannabis in some instances, employers may still refuse to hire and fire persons that use marijuana/cannabis. California NORML has sponsored pending legislation, that will provide protections for patients from lose of  employment.  Ross v. Raging Wire Telecom [42 Cal. 4th 920 (2008)]- CA Supreme Court […] The post Drug Testing and Employment first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Forfeiture of Money and Property

By admin • May 18, 2021
California Health & Safety Code §11470(e) Forfeiture laws allow state and federal governments to seize money and property that  are proceeds of, or are used to, facilitate illicit drug activity. Forfeiture proceedings are  usually filed separately from the criminal case in which the “defendant” is the money  or property itself. The owner must file a […] The post Forfeiture of Money and Property first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Destruction of Arrest and Conviction Records

By admin • May 18, 2021
California Health & Safety Code §11361.5 Removing and   Expungement (PC §1203.4 ) of your Marijuana Conviction   California law requires all governmental agencies to automatically destroy any records of marijuana possession  charges and any records of charges for giving away or transporting up to one ounce of marijuana two years after  the date of conviction or […] The post Destruction of Arrest and Conviction Records first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Deferred Entry of Judgment (DEJ) = Dismissal

By admin • May 18, 2021
PC §1000 & 100.94 (LA County) Charges for the possession of marijuana or hashish and for the cultivation of  marijuana for personal use can be dismissed through successful completion of  Deferred Entry of Judgment. DEJ is not applicable to charges involving possession  for sale or transportation unless the marijuana is for personal use. The defendant  must plead guilty to […] The post Deferred Entry of Judgment (DEJ) = Dismissal first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Proposition 36 Alternative Drug Treatment Program

By admin • May 18, 2021
California Penal Code § 1210  California law mandates drug treatment instead of incarceration for the possession and for transportation of  marijuana and other drugs for personal use. The defendant is eligible for a drug treatment program even after  conviction, unlike Deferred Entry of Judgment which must be taken before trial. The program can require  numerous […] The post Proposition 36 Alternative Drug Treatment Program first appeared on The Law Offices Of Bruce M. Margolin, ESQ.
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