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Possession For Sale of Marijuana
admin • Aug 12, 2020
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 AND EIGHT GRAMS OF HASHISH IS LEGAL IN CALIFORNIA: It is legal to possess, process, transport, purchase, obtain or give away by and to persons 21 years of age or older without any compensation whatsoever, not more than 28.5 grams of marijuana, or eight grams of concentrated cannabis (hashish), including either amount contained in marijuana products. (See page 10, 11, and 12 regarding how to avoid conviction).
REDUCTIONS AND DISMISSALS OF PRIOR MARIJUANA FELONIES
Note from Bruce: PROP 64 AlSO PROVIDES FOR MOST PRIOR MARIJUANA FELONIES TO BE REDUCED TO
MISDEMEANORS OR EVEN DISMISSED IN SOME CASES
The law is retroactive, meaning defendants can have their conviction reduced to what it would have been at the time if Prop 64 had been in effect and in some cases dismissed altogether (H&S § 11361.8)
Exceptions Include:
transportation out of state, violation of environmental laws, prior sex ofenses, and serious or prior violent felonies and marijuana convictions involving minors.
POSSESSION REMAINS ILLEGAL IN REGARDS TO THE FOLLOWING CASES:
- Smoke or ingest marijuana or marijuana products in any public place, except in accordance with Section 26200 of the Business and Professions Code ($100 infraction*).
Note from Bruce: Smoking or ingesting marijuana in a condo or apartment where it has been prohibited by the landlord, owner, or condo manager can get you evicted!
- Smoke marijuana or marijuana products in a location where smoking tobacco is prohibited. ($100 infraction*).
- Smoke marijuana or marijuana products within 1,000 feet of a school, day care center, or youth center* while children are present at such a school, day care center, or youth center*, except in or upon the grounds of a private residence or in accordance with Section 26200 of, or Chapter 3.5 (commencing with Section 19300) of Division 8 of, the Business and Professions Code and only if such smoking is not detectable by others on the grounds of such a school, day care center, or youth center* while children are present ($100 infraction*).
- Possess an open container or open package of marijuana or marijuana products while driving, operating, or riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation ($250 infraction*). Per SB94, it is ok to store open containers in trunk. Patients with doctor recommendation or country issued health department card may have unsealed containers.
- Possess, smoke or ingest marijuana or marijuana products in or upon the grounds of a school, day care center, or youth center* while children are present ($100 infraction*).
- Manufacture concentrated cannabis using a volatile solvent*, unless done in accordance with a license under Chapter 3.5 (commencing with Section 19300) of Division 8 of, or Division 10 of, the Business and Professions Code. (Felony Conviction: 3-5 Years in Prison)
- Smoke or ingest marijuana or marijuana products while driving, operating a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation . ($250 infraction*).
- Smoke or ingest marijuana or marijuana products while riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation except as permitted on a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation that is operated in accordance with Section 26200 of the Business and Professions Code and while no persons under the age of 21 years are present. ($250 infraction*)..
- Nothing in this section shall be construed or interpreted to amend, repeal, afect, restrict, or preempt patient laws pertaining to the Compassionate Use Act of 1996. Except to the product must be in a sealed container while in the vehicle.
- For purposes of this section, “day care center” has the same meaning as in Section 1596.76.
- For purposes of this section, “smoke” means to inhale, exhale, burn, or carry any lighted or heated device or pipe, or any other lighted or heated marijuana or marijuana product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoke” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in a place.
- • (a) For purposes of this section, “volatile solvent” means volatile organic compounds, including: (1) explosive gases, such as Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, O2 or H2; and (2) dangerous poisons, toxins, or carcinogens, such as Methanol, Isopropyl Alcohol, Methylene Chloride, Acetone, Benzene, Toluene, and Trichloroethylene.
- (b) For purposes of this section, “youth center” has the same meaning as in Section 11353.1 of the Health & Safety Code
*Court Assessments on fnes are added
The post Possession For Sale of Marijuana first appeared on The Law Offices Of Bruce M. Margolin, ESQ.
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.
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.
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.
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.
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.
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.
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.
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. DEFERRED […]
The post How to Avoid a Marijuana Possession Conviction for 18-21 Years of Age first appeared on The Law Offices Of Bruce M. Margolin, ESQ.
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.
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.
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