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Have you been busted for possessing marijuana? Under California law, possession of marijuana can either be actual or constructive. This means that you either have "actual", physical possession of marijuana, or you have "constructive" possession of marijuana by exercising control of marijuana.
Here at the Law Offices of Jacqueline Goodman, we can help you build a compelling defense against these charges so that you can avoid the devastating penalties of a conviction. We can also provide more information on the recent changes in California marijuana dispensary laws
In order to be charged with possession of marijuana, you must know that you were in possession of the drug and you must be aware that marijuana is an illegal drug. You must also possess enough marijuana so that it may be used as a drug, meaning that trace amounts or residues are not enough to sustain a conviction.
The penalties for possessing marijuana include:
There are several alternative sentencing options available that allows eligible defendants to participate in drug rehabilitation so that their charges will be dismissed. Here at the Law Offices of Jacqueline Goodman, we know how to help you fight possession charges and can help you achieve a reduction or dismissal of your case.
Second to marijuana possession, marijuana possession with the intent of sale is the most popular marijuana crime in California.
It is a felony crime to possess marijuana with the intent to sell it, and this crime can be punished by up to three years in prison and a $10,000 fine. This is far more serious than simple marijuana possession, and California law has established guidelines for determining if someone intends to sell the marijuana that they possess.
If you are arrested for possession in a place where marijuana deals are usually carried out, if you are found with a large amount of cash in small denominations, or if the pot is found with no paraphernalia and you are not high, the police may also try to charge you with marijuana possession for the purpose of sale.
It is a felony crime in California to give away or transport marijuana, and even giving away marijuana or transporting it will result in these serious charges. Many of these arrests take place because an undercover cop asks to buy weed from a suspect, and you can be arrested for selling marijuana even if the money has not exchanged hands yet.
This felony crime can result in up to 4 years in California state prison and there will be longer prison-times if the alleged buyer is a minor.
The penalties for marijuana-related charges are dependent on many different variables, and you must take action today if you have been arrested for such a drug crime. Orange County prosecutors will do everything in their power to convict you of the maximum sentence under the law, but a skilled criminal defense lawyer from our firm can help you prevent that from happening.
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