California Health and Safety Code Section 11357(b), is the law code involving possession of Marijuana. If you have less than 28.5 grams, which is about an ounce, it is usually punishable by a fine of $100. If you have more than 28.5 grams, HS 11357(c), it is punishable by up to six months in county jail, a three year probationary period, and a fine. It is important to note that the penalties are different if you are under 18, have less than 28.5 grams, or are on school grounds while school is in session.
Here is the real issue: the District Attorney will often file charges for marijuana possession under HS 11357(c) – making the potential punishment much more severe. Or they will take a possession of marijuana case and charge it as a sales or transportation case under HS 11359 or HS 11360.
There are litanies of constitutional issues that are apparent when someone is arrested for marijuana possession, sales, or distribution. Generally, some type of search was involved before, during, or after the arrest. There is also the issue of whether or not a search warrant was used and whether or not the search warrant was valid. The 4th amendment protects against unreasonable search and seizure will be implicated in this situation.
Call my firm, Kern Law APC, to obtain counsel about your charges. As a San Diego drug attorney, my goal is to get your charges dropped or reduced altogether. I have nearly a decade of experience successfully handling drug cases for the criminally accused throughout San Diego county. Contact me today for a free case evaluation.