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In California, drug-related crimes are charged based on the California Health and Safety Code. Even though these crimes are not charged based on the penal code, California’s mandatory sentencing laws can lead to harsh prison sentences.
We are compelled to condemn the injustices our clients face personally and corporately, by providing specialized legal defense strategies that make a difference in their lives and their businesses.
According to California Health & Safety Code §11357, adults over the age of 21 may possess up to 28.5 grams of marijuana or not more than eight (8) grams of concentrated cannabis for personal use. Possession of marijuana by anyone under 21 is an infraction, punishable by drug counseling and community service (defendants under 18); fine of up to $100 (defendants 18 and over). Possession of more than 28.5 grams of marijuana or more than 8 grams of concentrated cannabis, by anyone 18 or older is a misdemeanor, punishable up to 6 months in county jail; up to $500 fine. Possession of marijuana or concentrated cannabis on the grounds of any K-12 school while school is in session by anyone 18 or older is a misdemeanor, punishable by up to $250 fine for a first offense.
It is still a crime to sell marijuana — or to possess it with the intent to sell — in California without both a state and local license.
Like other states, in California, the severity of the criminal charges that will apply to drug crime cases will be dictated by the type of drug, the amount — which can range widely from possession, distribution, and trafficking — the accused’s criminal history, the location of the crime, and the Prosecution’s jurisdiction. If you have been arrested for a drug crime in California, contact our experienced criminal defense lawyers right away to ensure your rights are protected from the start.
When law enforcement officers search private property, they must follow the Fourth Amendment of the U.S. Constitution, which protects a suspect’s right to be free from unreasonable search and seizure. If the search were illegal, any evidence gained could be deemed inadmissible. However, if the prosecutor has additional, legally obtained evidence to use in the case, it may not result in outright dismissal. If you believe your rights have been violated in any way during an investigation, search, or arrest, contact our skilled drug crime defense attorneys in California for help today.
It is legal for anyone 21 and older to possess up to an ounce of cannabis, 6 plants and 4 grams of concentrate.
Any person in unlawful possession of cannabis over these amounts can be charged with a variety of violations of Health & Safety Code including § 11357 (possession), § 11358 (cultivation), § 11359 (possession with intent to sell), and § 11360 (transportation or offer to sell). These can be charged as infractions, misdemeanors, and felonies with punishment of up to three years in prison.
Under Proposition 64, it is still a crime to do any of the following:
Under California law, you are entitled to a defense in court. Depending on the charges, this defense can include lawful possession, a medical defense, mistakes of fact, or mistake of law.
Sometimes, a defense is not about the crime but law enforcement procedure. A procedural defense can include lack of probable cause, search and seizure issues or insufficient evidence.
Often, officers cut corners in their initial investigation to get to what they are looking for. Manzuri Law takes an in-depth look at all the places that narcotics officers could and would violate rights. Our experts will identify where officers erred in their procedures and often get the evidence suppressed and the case dismissed.
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