Under the Health and Safety Code 11365, it is unlawful to visit or be in a place where controlled substances are being smoked or used with knowledge that such activity is occurring. This is another reduced offense when an individual is being charged with a violation of Health and Safety Code Section 11358 (cultivation of marijuana).
This offense can be either a felony or a misdemeanor, and could expose the individual to either probation with up to one year in jail, or prison for 16, 24, or 36 months. Sometimes a prosecutor is willing to work out a plea-bargains where the person must plead guilty to a felony, with the understanding that the sentencing is actually continued for a period of time (usually between 6-18 months), so that the person can be sentenced to a misdemeanor instead of a felony. Usually, the person has to do some program or other requirements imposed by the court, and obey all laws throughout the period of time that sentencing is continued.
It is also important to note, some people get arrested and charged with this offense for simply being in the wrong place at the wrong time. In order to violate this law, an individual must assist, aid, or abet in the perpetration of the unlawful smoking or use of controlled substances. Otherwise, that person is not guilty of this offense and needs good representation. The Law Office of Ben Mironer knows the nuances in drug cases, which allows us to get great results for our clients.