Those found in violation of California Health and Safety Code 11357 (d) face a misdemeanor offense. Too often, those facing misdemeanors for Marijuana violations make the mistake of assuming that their crimes are not serious. By speaking with a marijuana attorney in your area, you may receive information that can greatly affect your case outcome.
At MacGregor & Collins, LLP, our Orange County marijuana defense attorneys have over 30 years of experience in Orange County drug trafficking cases. Randy Collins, firm partner, was previously a prosecutor in Riverside County and uses his experience to provide each of his clients with top notch legal representation.
HS 11357d Defined
California Health and Safety Code 11357 (d) is closely related to HSC 11357 (b), which is the possession of less than one ounce, or 28.5 grams of marijuana. This is usually penalized as an infraction. The sentencing is enhanced to HSC 11357 (d), when the defendant is over the age of 18 and this possession took place while the accused was on a school property, or if the school was in session at the time. In this event, it becomes a misdemeanor offense, with the penalties outlined below.
In order to prosecute for California Health and Safety Code 11357 (c), the state has the burden to prove you were guilty of either:
- The defendant had in their possession more than one ounce of marijuana (non-
concentrated), and had knowledge of this
- The defendant was over the age of 18
- The accused had substantial amounts for it to be used as a drug
11357d HS Potential Penalties
Possession of Marijuana has penalties that vary based on aggravating circumstances, and the quantity of marijuana that the defendant is found in possession of.
Marijuana Possession of More Than 1 o.z. or 28.5 grams within a school property is punishable by:
- Up 10 days Orange County Jail
- Up to $500 in fines
If you are facing Possession of Marijuana charges for California Penal Health and Safety Code Section 11357 (d), taking an advantage of a free consultation may be in your best interest. call or fill out our contact form to receive a free confidential case evaluation from one of our skilled drug crime lawyers.