A number of sections of California's Health & Safety Code deal with possession, use, and sale of marijuana. Some are charged as misdemeanors, while others are charged as felonies. Possible sentences include fines, time in county jail or state prison, or diversion through drug court - depending on the circumstance of each offense and which codes are violated.
This section concerns simple possession of marijuana, which is charged as a misdemeanor.
This section concerns cultivating, harvesting, and processing marijuana. Conviction under HS 11358 is a felony that can result in a state prison sentence.
This section makes it a felony to possess marijuana with the intent to sell it. Conviction can result in a state prison sentence.
This section makes transportation or importation of marijuana a felony. Conviction can come with a state prison term of two, three, or four years.
This section makes it illegal to possess paraphernalia used to ingest or smoke marijuana or other controlled substances. Examples are bongs and roach clips.
If you've been arrested for simple possession of marijuana - with no intent to cultivate or sell - and have a clean criminal record for the preceding five years, then you may qualify for drug court. Penal Code 1000 lets you enter a guilty plea to the possession charges and in exchange the court would issue a "deferred entry of judgment." Once you complete a comprehensive drug treatment program that includes counseling, drug testing, group sessions and other therapies, the court will dismiss the drug possession charges.
If you're facing criminal charges related to possession, cultivation, or sale of marijuana, call us at (800) 755-5174 to discuss your case.
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Sherman Oaks, CA 91403
Additional offices in the Counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura.