Newport Beach Marijuana Defense Lawyers
Discuss Your Orange County or Riverside Case During a Free Consultation
Are you facing criminal charges for the possession or sale of marijuana? We are here to help. At the Law Offices of Randy Collins, we have a combined 45 years of legal experience that we will bring to your case. We will help you understand the marijuana charges brought against you and will toward a favorable outcome.
Those convicted of marijuana crimes can be ordered to pay fines as well as spend time in jail. Also, a conviction will result in a criminal record that can affect job opportunities and other important matters. Depending upon your circumstances, you may be eligible to receive alternative sentencing to help avoid severe penalties.
At the Law Offices of Randy Collins, our attorneys have decades of experience assisting clients with marijuana-related crimes.
California’s Legal Definition of Marijuana
According to California Health and Safety Code 11018, marijuana includes any piece of the cannabis plant itself, as well as the seeds. An individual can be prosecuted for possessing, cultivating, selling any resins, mixtures, salts, cakes, and other compositions of marijuana. It does not have to be the natural cannabis itself.
The law does not consider a mature stalk that’s incapable of producing resins and oils to be a part of this code.
Cultivation of Marijuana
An individual who cultivates or grows any part of the marijuana plant can be charged with a crime. In the state of California, cultivating marijuana is a felony. However, if your criminal defense team can prove that there was no intent to sell or redistribute the substance and that this was done for personal use only, you might qualify for a drug diversion program (discussed under California Penal Code 1000), instead of being incarcerated.
Marijuana Possession for Sale
California Health and Safety Code 11359 (HS 11359) is a felony, even if there is just a small amount sold (over one ounce). The prosecution can base their evidence on factors such as the quantity, equipment, weapons, or substantial amount of cash found with the offender at the time of the arrest.
What Prosecution Needs to Convict
To convict you of marijuana-related crimes, prosecutors will need sufficient evidence that you:
- Had marijuana in your possession
- Knew that you had marijuana in your possession
- Knew that the substance you had was in fact marijuana
Penalties for Marijuana Possession for Sale
Marijuana Possession for Sale is a felony, and if you’re found guilty, you could face:
- Up to $10,000 in fines
- Up to 3 years in the California state prison
Penalties for Marijuana Sales
California Health & Safety Code 11360 (HS 11360) is one of the most serious offenses when it comes to marijuana laws.
The crime is a felony, which carries severe penalties, which include:
- Up to 2, 3, or 4 years in the California state prison
However, there is some leeway, which the Law Offices of Randy Collins can acquaint offenders with.
As an example, if an offender is found selling, transporting, or distributing marijuana (all fall under the same legal code) of 1 oz or less, the offense can be lowered to an infraction, which carries up to $100 in fines.
Alternative Sentencing for Marijuana Charges
Under California Penal Code 1000, individuals found in simple possession of marijuana may be eligible for deferred entry of judgment (DEJ). This allows the defense team to argue that the offender may fare better and benefit more if they were to participate in a drug treatment plan to avoid jail time. The court may also require the participant to perform community service duties while enrolling in this program.
DEJ is usually available for non-violent drug offenders, not just marijuana possession alone. A criminal defense lawyer can help to prove that someone under suspicion had drugs for personal use rather than resale. The benefit of this program is that the offender will have no criminal record to deal with after completing it.
How Marijuana Transactions Are Uncovered
Law enforcement officials use several tactics to uncover marijuana rings. Most common are sting operations, where the cops hide out or position surveillance teams to catch transactions in progress. Also, with the increasing popularity of the internet, many marijuana sales and possession crimes are detected through online purchases and sales. Popular sites that are monitored include Craigslist or other community websites.
Furthermore, California law enforcement agencies collaborate with the Federal Bureau of Investigation (FBI) or the Drug Enforcement Administration (DEA) to uncover drug rings, including those involving marijuana.
Medical Marijuana & the Compassionate Use Act of 1996
The Compassionate Use Act of 1996 is also known as the infamous Proposition 215, which allows those who are ill to legally use marijuana – by obtaining a prescription from a doctor.
The patient can also play it safe by asking a lawyer how to obtain a marijuana health card to eliminate any hassles with law enforcement.
Medical marijuana is oftentimes authorized for the treatment or alleviation of:
- Chronic joint pain
- And others
Legal Defenses for Marijuana Crimes
In California, the most common legal defenses for crimes relating to marijuana include:
- Illegal searches and seizures by police
- Undependable witnesses
- Methods that disregard the privacy and rights of defendants
Marijuana DUI in California
California Vehicle Code 23152 (VC 23152) provides that marijuana as a crime when someone drives under the influence of this drug. In addition to being charged with marijuana possession, offenders can also be charged with driving under the influence.
Do you also need help to legally:
- Get a health card for marijuana?
- Know your rights for medical marijuana use? Are you concerned about being arrested for possession when traveling?
- Find caregivers who utilize marijuana in treatments – legally?
- Retrieve a seized prescription of marijuana that was taken by authorities?
- Start a club or organization that focuses on marijuana education and use?
- Cooperate with the Federal Bureau of Investigation, Drug Enforcement Administration, or other authorities?
Our Marijuana Defense Attorneys Are Ready to Help
For defendants under suspicion for cultivating, selling, distributing or having in their possession marijuana, get in touch with our Newport Beach marijuana lawyers as soon as possible. Marijuana crimes can result in fines and penalties that can affect you for the rest of your life. If you were arrested for a drug crime, it may be in your best interest to speak with an experienced attorney.
Over 45 years of Collective Experience
Thousands of Cases Successfully Handled
Former Deputy District Attorney
Impressive Track Record of Results
Highly Respected by Peers and Clients
Free Initial Consultation
Our hard work and dedication have created a reputation that precedes us, and you will need every advantage available when your freedom is on the line.
DUI Drugs Case Dismissed
Possession of Methamphetamine Case Dismissed
Possession of a Controlled Substance for Sale Sentence Significantly Reduced
Possession of Methamphetamine Penalty Reduced