Williams & Javellana, LLP
Chico Possession of Marijuana Chico CA Lawyer
Possession of Marijuana Chico CA
In the state of California, it is illegal to possess marijuana in most instances. If you have been arrested due to possession of marijuana, it is important for you to get proper legal advice. You can contact Williams & Javellana, LLP for more information about your case and how we can defend you properly. We are familiar with marijuana possession cases and we do what is necessary to defend your case aggressively, both in and out of the court of law. Here are some things that you should know about the possession of marijuana which may have resulted in your arrest.
Possession of Marijuana in California
If you were arrested due to holding a small amount of marijuana that was for personal use, you may be guilty of an infraction or misdemeanor. Health and Safety Code §11357 (b) states that if you possess less than 28.5 grams (ounce) of marijuana you can be charged with an infraction. However, if you have more than an ounce of marijuana you can be charged with a misdemeanor under Health and Safety Code § 11357 (c). If the amount is less than an ounce, the penalty tends to be fairly light. For this type of a charge, it is likely that you will only receive a fine of up to $100. If, on the other hand, if you were in possession of more than one ounce of marijuana for personal use, you may end up spending as much as six months in the county jail and could get a fine of up to $500. It is important to understand, even if the penalty is light, it will still result in a criminal record which may affect you in many ways, including your ability to get a job.
Punishment for Possession of Marijuana
If you were in possession of marijuana in California and were cultivating it, you may be guilty of a felony under Health and Safety Code § 11358. This is according to California law, which states that any individual who cultivates, plants, harvests, processes and dried marijuana will be punished with imprisonment in the county prison for up to 3 years. Many people believe that if they have a medical marijuana recommendation (215 script) that they can have or possess as many plants as they want. This is not true. Under The Compassionate Use Act of 1996, a person can have as much marijuana that is reasonably necessary for their medical condition.
It is also a felony to possess marijuana with the intent to sell it under Health and Safety Code §11359. This is true, even if no transaction was observed. The prosecutors may charge you with intent to distribute, based on circumstantial evidence which can include large quantities of marijuana, cash, and possession of scales, packaged marijuana, and packaging materials.
There are also many other types of cases that involve marijuana such as driving under the influence of marijuana (California Vehicle Code § 23152 (a) or driving with marijuana in your vehicle (California Vehicle Code § 23222(b). Regardless of your case, it is important for you to have legal counsel to determine the best outcome. When you contact Williams & Javellana, LLP for more information about your case of possession of marijuana, we will defend you aggressively. We do what is necessary to ensure that your case goes smoothly and if at all possible, that it does not affect your permanent record.
Gold standard for professionalism and ethics. Extremely knowledgeable and proficient in handling complex cases. Attorney Javellana took painstaking hours building a civil case, (co-ownership/property rights) and then he presented overwhelming evidence at trial. Mr. Javellana was on point for 3 days at trial where he tactfully asserted a powerful presence in the courtroom and systematically picked apart the defendents and he was quick to respond to the dirty trickery of the defense attorney with undisputable legal arguments. As a result of Mr. Javellana's detailed and powerful representation, the opposing side had no chance. Mr. Javellana was extremely organized and detail oriented throughout. Mr. Javellana won the case across multiple points and most impressively he obtained a permanent injunction against the opposing party. Additionally, Mr. Javellana, represented me with two other cases where his professionalism and his relentless tactical drive continued with successful results. I highly recommend Mr. Javellana. J.M
California June 20, 2015