Recent Results:

Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!

Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!

Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.

Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!

Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!

Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!

Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!

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Marijuana Possession, Sale, or Illegal Cultivation

A number of sections of California's Health & Safety Code deal with possession, use, cultivation, and sale of marijuana. Marijuana related offenses vary from infractions, up to felonies. Possible sentences include fines, time in a county jail or state prison, or diversion through drug court - depending on the circumstance of each offense and which codes are violated.

Under California law marijuana is defined as any and all parts of the cannabis plant. This includes the seed form of the plant, any resin extracted from the plant, or anything manufactured from the plant. This does not include mature stalks of the plant used to make fibers.

Prior to 2011 it was a misdemeanor in California to posses and ounce or less of marijuana, but as of January first 2011 the laws regarding marijuana have changed, now it is an infraction to posses an ounce or less of marijuana. Currently no arrest or imprisonment is allowed if you are found in possession of less than an ounce of marijuana.

Possession of marijuana may be charged under H&S code 11357, if found to be in possession of marijuana in a vehicle it may charged under vehicle code 23222. While these are two different charges, the consequences and penalties for both offenses are the same.

At the Law Offices of David Chesley we have helped clients with every type of marijuana related charge, from simple possession charges, to more complicated distribution and cultivation charges. If you are currently facing criminal charges, we will met your legal needs.

Health & Safety Code 11357

This section concerns simple possession of marijuana, which is charged as a misdemeanor.

  • Possession of an ounce (28.5 grams) or less of marijuana is punishable by a fine of up to $100. No jail time is required.
  • Possession of more than an ounce of marijuana can result in fines of up to $500 and up to six months in county jail. The reality, though, is that most marijuana possession cases do not result in jail time.

Health & Safety Code 11358

This section concerns cultivating, harvesting, and processing marijuana. Conviction under HS 11358 is a felony that can result in a state prison sentence.

Health & Safety Code 11359

This section makes it a felony to possess marijuana with the intent to sell it. Conviction can result in a state prison sentence.

Health & Safety Code 11360

This section makes transportation or importation of marijuana a felony. Conviction can come with a state prison term of two, three, or four years.

Health & Safety Code 11364

This section makes it illegal to possess paraphernalia used to ingest or smoke marijuana or other controlled substances. Examples are bongs and roach clips.

Drug Court

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.

Free and Confidential Consultation

If you're facing criminal charges related to possession, cultivation, or sale of marijuana, call us at (800) 755-5174 to discuss your case.

  • Los Angeles County
  • Orange County
  • Riverside County
  • San Bernadino County
  • San Diego County
  • Ventura County

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Office Locations

Main Office:
Law Offices of David S. Chesley, Inc.
A Professional Law Corporation
4533 Van Nuys Boulevard, Second Floor
Sherman Oaks, CA 91403

Additional offices in the Counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura.

 
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