Orange County Marijuana Lawyer

Are you facing criminal charges for the possession, transport, or distribution of marijuana? We are here to help. At MacGregor & Collins, we have a combined thirty years of Orange County Marijuana Criminal Defense experience that we will bring to your case. We will help you understand the Orange County Marijuana charges against you and fight to get you the shortest sentence possible.

According to California Health and Safety Code 11018, marijuana means any parts of the cannabis sativa L. plant, the seeds, or resin extracted from the plant, and every compound derived from the plant, its seeds, or resin. It does not include the mature stalks or fibers made from the stalks (ie, hemp products), or oil or cake made from the seeds of the plant.

If you are found with less than one ounce of marijuana, you face at most a small fine. However, if you are discovered with more than one ounce (28.5 grams) of marijuana, or if the substance is discovered in your vehicle, or you are trying to sell, transport, or give marijuana away, you will be charged with a felony or misdemeanor (Health and Safety Code 11360)

Prosecution - Simple Possession, Health and Safety Code Section 11357(c)

In order to prosecute for OC Marijuana misdemeanor possession of marijuana, the prosecution must prove that:

1. The accused possessed a controlled substance
2. The accused knew of its presence
3. The accused knew the substance�s nature or controlled status
4. The controlled substance was marijuana
5. The amount possessed by the accused weighed more than one ounce

Prosecution - Orange County Possession for Sale of Marijuana

In the case of possession for sale of marijuana, the prosecution must prove:

1. The accused possessed a controlled substance
2. The accused knew of its presence
3. The accused knew of the nature or character of the substance
4. When the accused possessed the controlled substance, he/she intended to sell it
5. The controlled substance was marijuana
6. The controlled substance was in usable amount

Prosecution - OC Sale of Marijuana

In order to prosecute for the sale of marijuana, the prosecution must prove that:

1. The accused sold/furnished/administered/imported into California a controlled substance
2. The accused knew of its presence
3. The accused knew the sustance�s nature or controlled status
4. The controlled substance was marijuana
5. The controlled substance was a usable amount

Prosecution - Orange County Marijuana Transport

In order to prosecute for the transport of marijuana, the prosecution must prove that:

1. The accused unlawfully moved a controlled substance from one location to another
2. The accused knew of its presence
3. The defendant knew of the substance�s nature or character as a controlled substance
4. The controlled substance was marijuana
5. The marijuana was in usable amount

Potential Punishments by law

Those facing charges for Orange County Marijuana Crimes face different penalties according to the amount they were found in possession of.

Punishment - OC Marijuana Possession

For less than one ounce (28.5 grams) of marijuana, you face a fine of no more than $100 - Health and Safety Code Section 11357(b).

For possession of more than 28.5 grams of marijuana, according to Health & Safety Code � 11357(c), you face:

Imprisonment in county jail for up to six months, and/or
A fine up to $500

Those over the age of 18 found in possession of less than one ounce of Marijuana on a School Campus (grade K-12) are guilty of misdemeanor (H&S Code 11357(d)) and face:

A fine up to $500, and/or
Imprisonment in county jail for up to 10 days

Those under the age of 18 found in possession of less than one ounce of Marijuana on a School Campus (grade K-12) are guilty of misdemeanor (H&S Code 11357(e)) and face: