Marijuana Offenses

Under Proposition 64 (The Adult Use Marijuana Act) passed in 2016, adults over twenty-one (21) may lawfully posses under one ounce (28.5 grams) of marijuana, eight (8) grams of concentrated Cannabis/hash, and grow up to six (6 ) Marijuana plants, with or without a Medical Recommendation (Prop 215). In addition, this law has reduced the most serious Marijuana charges (Sales, Cultivation for Sales and Transportation) from serious non-alternative Felonies to Misdemeanor offenses.

Prop 64 also allows our expert Marijuana Defense Lawyers to return back to court for you and file Motions to reduce your prior Felony Marijuana convictions to Misdemeanors. We can also file Motions to Expunge your prior Marijuana convictions. (Penal Code Section (PC) 1203.4). For many simple possesion of Marijuana or paraphernalia convictions, we can go back to court and have the records of those cases permanently destroyed. (California Health and Safety Code (HS) 11361.5).
That being said, prosecutors are still filing Felony Marijuana charges against the public for Manufacturing and Conspiracy charges amongst others. Our Marijuana Attorneys at Roberts | Elliott Law Corp. can assist you in your fight to have these charges dismissed or reduced, and to avoid Jail time, fines and probation.

Our California Marijuana Criminal Defense firm has successfully defended hundreds of individuals and entities charged with Marijuana Crimes throughout  Santa Clara County, the Bay Area and California for over 35 years. The following is a list of some of the Marijuana offenses we can assist you with.

Health and Safety Code Section (HS) 11357

• Minors who are under the age of 21 who are in Possession of under one ounce (28.5 grams)
  of marijuana or four grams of concentrated cannabis, can be charged with an infraction and ordered to complete Drug education or counseling, community service hours and or pay a fine of not more than $100. Prior convictions will increase your penalties.
• Possession of Marijuana over one ounce or four grams of concentrated cannabis is punishable as an infraction for minors under 18 and as a serious Misdemeanor offense for persons over 18 years of age. This offense can be punished by imprisonment up to six (6) months in the County Jail and a fine of up to $500 dollars or both.
• Possession of Marijuana under an ounce, or four grams of concentrated cannabis on School grounds is a misdemeanor offense (see Punishment above) if the person is over 18 and an infraction offense if they are under 18 years old.

Health and Safety Code Section (HS) 11358

• (a.-b.) Cultivation of any Marijuana plants by Minors under 21 is punishable as an infraction (see punishment above)
• Cultivation of more than six (6) marijuana plants by persons over 18 years old, is a Misdemeanor punishable by up to six months in County Jail and a fine of up to $500 or both.
• Cultivation of more than six marijuana plants by persons over 18 years old and have either two (2) prior convictions for cultivation, or the offense involves various violations of the Water code ,Fish and Game code, or involves hazardous waste, can be charged as a Felony offense carrying the possibility of imprisonment in the State Prison or County Jail for up to one (1) year pursuant to Penal Code Section (PC) 1170 (h).

Health and Safety Code Section (HS) 11359

• Possession for Sales of Marijuana by persons under 18 years old, is punishable as an infraction (see punishment above)
• Possession for Sales of Marijuana/Cannabis by persons over the age of 18, is a Misdemeanor and punishable by up to Six (6) months in the County Jail and a fine of up to $500 or both.
• Possession for Sales of Marijuana/Cannabis can be charged as a Felony offense if;
  • 1) The person has a prior conviction for a sex crime
    requiring registration pursuant to Penal code section (PC) 290,
  • 2) Has two or more prior convictions for Possession for Sales of Marijuana offenses,.
  • 3) The sale was to a minor under 18 years old,
    This Felony Offense carries the possibility of a State Prison sentence or up to one (1) year in the county jail, plus fines,probation and other consequences.

Health and Safety Code Section (HS) 11360 (a)

• (1) The Transportation, importing into the state, selling, furnishing or giving away of Marijuana/Cannabis by a minor under the age of 18, is punishable as an infraction. (see penalties above).
• (2) Transportation of Marijuana or Furnishing Marijuana to others, by persons over 18 years old are    Misdemeanors punishable by up to six (6) months in County Jail and a fine of $500 or both.
• (3) Transportation of Marijuana or Furnishing Marijuana to others, by persons over 18 years old are Felonies and punishable by up to Four (4) years in the State prison if :
  1. The person has a prior conviction for a sex crime requiring registration pursuant to penal code section 290.
  2. The person has two or more prior convictions for this offense.
  3. Or the offense involved a sale ,furnishing etc. to a minor under 18 years old
  4. Or the offense involved the import or transportation into or out of the state, of
     more than an ounce (28.5 grams) of cannabis or four (4) grams of concentrated cannabis.

Health and Safety Code Section (HS) 11361(a)

Persons over 18 who hire, use or employ a minor under 18 years old, for Transporting,Carrying, selling furnishing etc. to a minor under 14 years old, can be charged with this Serious Felony offense which carries a maximum State Prison sentence of up to seven (7) years!

Other Marijuana Offenses include;

-Driving while in possession of Marijuana (California Vehicle Code Section (VC) 23222) is an infraction and should no longer be enforced under Prop 64, unless the individual is carrying more than the accepted amounts (ie over 28.5 grams)

–Driving under the influence of Drugs/ Marijuana (Califonia Vehicle Code Section (VC) 23152 (f). The police are cracking down on Marijuana DUI’s, and Prosecutors are now filing these cases with much more frequency. They even have developed new Marijuana Breath Testing Devices to measure your active THC levels. 
–Driving with an open container of Marijuana is still a criminal offense (Health and Safety Code (HS) 11362.3) and can  be punished by a fine of up to $250 dollars.

Please contact the San Francisco Bay Area Marijuana Defense Experts at Roberts | Elliott Law Corp, to set up a “free consultation” to discuss the defense of your Marijuana case, or a Prop 64 Expungment of your prior Marijuana Convictions. KNOW YOUR RIGHTS! Call us now (408-275-9800.