Is It Possible to Be Arrested for Marijuana Possession in California?

In some circumstances, you can be arrested for marijuana possession.

Is It Possible to Be Arrested for Marijuana Possession in California?

California is one of a handful of states across the country that has legalized both the medicinal and recreational use of marijuana. This change has been welcomed by most Californias, particularly those who had previously been convicted of marijuana offenses and are now having their convictions reduced or even cleared based on new laws.

However, it is still possible to be arrested for marijuana possession in California, despite the new laws on the books. First, marijuana possession is only legal for people who are age 21 or older. Anyone who is under the age of 21 can be charged with an infraction for the possession of marijuana. According to a drug defense lawyer Los Angeles, CA, if you are 18 year of age or older, you will likely receive a fine. If you are under the age of 18, you will be sentenced to drug counseling and community service.

Second, it is illegal to possession marijuana with the intent to sell it in California, unless you have both a state and local license to do so. Generally, a violation of this law is a misdemeanor. However, if you have a serious criminal history, including multiple prior drug convictions, you may be charged with a felony offense for possession with intent to sell marijuana.

Third, there are cities and counties throughout California that do not permit marijuana dispensaries to operate within their communities. Some of these communities have banned the transportation of marijuana and related products on their streets and roads. Californians who live in these communities may drive to neighboring towns and counties to purchase legal marijuana — and may purchase a greater amount than is legal (1 ounce of dried marijuana or 8 grams of concentrated cannabis) to save on making multiple trips.

Fourth, marijuana remains a Schedule 1 drug under the United States Controlled Substances Act. There is no distinction between medicinal and recreational marijuana use under federal law. As a result, federal prosecutors may charge individuals who possess marijuana, particularly if they possess the drug on federal law or cross state lines with marijuana. While it may be unlikely that a federal prosecutor would go after an individual for possession of a small amount of marijuana that otherwise complies with California law, everyone should be aware that it is possible.

Although California has legalized marijuana, there are some situations where a person could be charged with the possession of marijuana. Being aware of both California and federal laws on marijuana can help you avoid these charges.

The Chambers Law Firm offers top-notch representation to Californians facing a range of criminal charges. We will stand by your side throughout the process, aggressively advocating for the best possible outcome. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a drug defense lawyer Los Angeles, CA.

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