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Possession of Marijuana

California Health and Safety Code Section §11357

Under the Health and Safety Code §11359, this section makes it illegal to possess marijuana, if you do not have a recommendation card or permission to possess marijuana for medicinal purposes. Unless authorized by law, possession of concentrated cannabis is illegal and may be punished by jail or even prison.

Someone who is cited for possession of marijuana (less than 28.5 grams), may be convicted of an infraction. Even though this used to be a misdemeanor, it is now only an infraction. However, someone who possesses more than 28.5 grams faces a misdemeanor.

Again, the main distinction that a prosecutor needs to make, before charges are filed, is to decide whether the marijuana was intended for personal use, or was it intended for sales (violation of Health and Safety Code Section §11359). The Law Office of Ben Mironer has been successful in these types of cases by intervening, even before charges are filed. We try to contact the prosecutor to provide them with the background information they need, so they can understand why the evidence doesn’t suggest the marijuana was intended to be sold.

Someone who is charged with the offense of possession with intent to sell (Health and Safety Code Section §11359) faces a straight felony, which means it can not ever get reduced to a misdemeanor. Also, they face 16, 24, or 36 months in state prison. However, a violation of Health and Safety Code Section §11357 is a misdemeanor, and carries a maximum of 6 month in county jail. Furthermore, the person may be eligible for DEJ (pursuant to Penal Code Section §1000). This potentially leads to the charges being completely dismissed.

It is crucial to get good representation in these types of cases.