California Health and Safety Code 11362.5
California incriminates the possession of Marijuana for personal use under Health and Safety Code 11362.5.
There are separate charges for sale and transportation, or possessing with the intent to sell, as with other forms of controlled substances.
It’s also important to note that possessing Marijuana for medical use isn’t a crime – if there’s a valid prescription in place. This has other clauses that can be additionally used as a defense. As an example, if the defendant is a caretaker or guardian of someone who is ill, and has been prescribed medical marijuana, this can be used as a defense in court.
There are other legal defenses, which will be explored below. However, let’s first take a look at the defining elements of California Health and Safety Code 11362.5, as well as the penalties, and other factors of the crime:
Since possessing marijuana for personal use, is as the name suggests, the elements of the crime include:
· That the accused possessed, and knew that he or she possessed marijuana
· That the accused knew that this was an illegal and controlled substance
· That the accused held in their possession enough for it to be utilized as a drug
The penalties for possessing marijuana in California, under California Health and Safety Code 11362.5 vary, based on the quantity that is found:
Marijuana Possession for Less Than 1 oz. – The penalties include an infraction, and a maximum $100 fine. If the person is over 18 and does this in the vicinity of school grounds, the sentencing enhancement is a maximum of $500.
Marijuana Possession for More than 1 oz. – The penalties include a misdemeanor that could result in a maximum $500 fine, and up to six months in the county jail.
If you’ve been accused of simple possession of marijuana, a lawyer can present several legal defenses to have the charges dismissed or reduced.
Call(949) 250-6097 to speak to a lawyer, should you be on trial for Possession of a Controlled Substance.
Learn more about other California Section Penal Codes here. To learn more about other forms of controlled substances, go to the Uniform Controlled Substances Act, which details uniformity of drug prosecutions, definitions and proceedings, that have been enacted in several states.