In some circumstances, you can still be arrested for marijuana possession in California.
Since 2018, California is one of just a handful of states where the use and possession is legal for medical and recreational purposes. While the new laws and regulations enacting marijuana legalization are put in place, there are still some important things for all Californians to consider. Most importantly: you may still be arrested for marijuana possession in California. How is this possible?
As an initial matter, many cities and counties do not allow marijuana dispensaries to operate within their communities. This means that residents must travel outside of where they live to purchase otherwise legal marijuana. The problem then becomes that some towns and cities have banned the transportation of marijuana on their roads. This can make it difficult to procure legal marijuana, whether for medical or recreational purposes.
More importantly, just because California has “legalized” marijuana does not mean that there are no rules regarding pot. It is still a crime under state law to:
- Possess more than 28.5 grams (approximately 1 ounce) of marijuana;
- Possess more than eight grams of concentrated cannabis;
- Possess marijuana or concentrated if you are under the age of 21, unless you are
- permitted to do so under California’s medical marijuana laws; or
- Possess marijuana on the grounds of a California K-12 school while school is in session.
In addition, possession of marijuana in California is only legal for personal use. Possession of marijuana for sale can still lead to criminal penalties, other than for businesses licensed to sell recreational marijuana or sales of medical marijuana in accordance with state law.
According to a criminal defense attorney in Orange County, CA, the distinction between possession for personal use and possession for sale comes down to either direct or circumstantial evidence. For example, you may have sent someone a text about having pot to sell — that is direct evidence of your intent to sell marijuana. Alternatively, you may have had a particularly large quantity of marijuana, or the pot may be packaged in multiple small baggies — that is circumstantial evidence that you intend to sell the marijuana rather than keep it for personal use.
Generally, possession of marijuana in violation of California law is a misdemeanor offense, whether it is for personal use or for sale. However, if you possess marijuana with intent to sell it and have prior convictions for certain offenses, then you may be charged with a felony.
Importantly, possession of marijuana is still a federal offense. While it is unlikely that you will be charged with a federal crime for possession of a small amount of marijuana, it is possible. This is particularly true if you are on federal land or if you are crossing state lands with marijuana.
While marijuana has been legalized in California, it is important to familiarize yourself with the laws regarding possession, use and transport of pot so that you are not charged with a criminal offense. If you are charged with a crime regarding marijuana possession, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
