Feb 10, 2025
Cannabis cultivation is illegal in California. There are a lot of people doing cannabis cultivation, but most of them are legally allowed to do so.
Many of you are probably wondering why the law favors a few individuals while they are punishing other people for marijuana cultivation. Marijuana can be considered a type of drug, and it can be used as a medication for certain diseases like AIDS, cancer, seizures, and more.
Cannabis growing laws in California are very strict[1] and if you are found guilty, you might face jail time and a fine. If you are thinking about cannabis cultivation, here are a few things that you should know about the laws in California.
Can you Legally Grow Marijuana in California?
Marijuana cultivation is more or less the growing of marijuana. In most places around the globe, growing marijuana is illegal. However, in some parts of the United States, you are given a cannabis cultivation license to legally grow cannabis.
California is loosening up its restrictions when it comes to cannabis cultivation. Although growing cannabis is still a serious offense, there are several ways in which you will be allowed to grow marijuana without breaking any laws.
In the past, you could only grow marijuana for medical purposes, but under Proposition 64[2], people living in California can now grow cannabis for recreational purposes.
California Cannabis Growing Laws
Under Proposition 64, drug cultivation for recreational use is legal[3], but there are restrictions on who can grow the plant and the amount that can be cultivated.
It will only be legal if both of the following statements are true:
- The marijuana cultivator is 21 years or older
- He/she cultivates no more than six cannabis plants.
- Aside from these two, there are certain restrictions placed to make sure that they won’t go overboard. The cultivator needs to follow local ordinances placed by the city and they can only grow up to six weed plants in a single residence.
It means that even if you are living with your partner in a private residence, you can only grow up to six plants. In general, you can only grow weed indoors or within your private property. You can only do so in a locked space or in any area that is not visible to the public.
Penalties for Illegally Cultivating Cannabis
For marijuana cultivation, penalties for growing weed illegally can be divided into three:
- Infraction: You will be given an infraction if[4] you are between 18 to 20 years old and you are growing weed in your house. It is punishable by a fine of $100.
- Misdemeanor: You will be charged with a misdemeanor if you are 21 years or older and you are growing more than six plants. You might be put into custody in the county jail for up to six months or receive a fine of up to $500.
- Felony: You will be charged with a felony when you are cultivating more than six plants and you are guilty of one of the following:
- A serious violent felony on your record
- Registered sex offender
- Two or more convictions under HS 11358[5]
- Violated environmental laws on cultivating marijuana
The penalty for a felony[6] is up to three years in jail and a fine of $10,000. There is also a marijuana law on possession and sale. You are only allowed to possess up to one ounce of dried marijuana or eight grams of concentrated cannabis.
You need a cannabis cultivation license if you want to be a seller of marijuana. It means that it is illegal to sell weed if you don’t have a license to do it. You are only allowed to grow your weed, but you are not allowed to sell it. You cannot give it to minors as well.
Growing and using marijuana for recreational purposes has become legal in some states, but they are still regulating it to make sure that the users won’t get too addicted. If you are penalized for growing marijuana, you can always get the best criminal defense lawyers in Los Angeles that would represent you in court. These professionals can also help you understand what you need to know to grow marijuana legally in your area.
What are the Defenses of the Unlawful Cultivation of Cannabis?
The following defenses are available to individuals charged with cultivating greater than six cannabis plants:
- The cannabis belonged to another individual;
- The defendant was not aware that the cannabis was where it was found;
- The defendant was not aware that the cannabis was, in fact, cannabis;
- The defendant is a licensed medical cannabis user whose medical needs require him/her to cultivate more marijuana than California law otherwise allows; or
- The cannabis was found as a result of an illegal search[7].
Speak to a Criminal Defense Attorney
If you have been charged with unlawful cultivation of cannabis, and you believe you are within one or more of the above-listed exemptions, contact the Manshoory Law Group as soon as possible.
The attorneys at Manshoory Law Group have extensive knowledge of and experience in the ever-changing area of drug law, and we will ensure that you are provided with an effective and aggressive defense so that you have the best possible opportunity at defending the charges asserted against you.
References
Nov 21, 2024
Everyone finds themselves in an uncomfortable situation at some point, and to avoid embarrassment or punishment, they may at least ponder pretending to be someone else. While it may seem harmless to impersonate another person, the law does not always look so kindly on this type of behavior and considers it an impersonation crime. In fact, depending upon the circumstances of the impersonation, criminal charges may be filed for pretending to be anyone, not just a public figure or member of law enforcement.
A criminal defense attorney should be the first phone call a person makes as soon as there is a possibility of criminal charges to protect his/her rights and to immediately begin to mitigate the fallout of any investigation. Impersonating a police officer is not taken lightly and can lead to criminal charges, even if no harm is caused.
Cases such as a man who allegedly posed as law enforcement[1] so he could pull a woman over on a highway in a southeast L.A. County suburb and use the opportunity to assault her sexually prove that the consequences of an impersonation crime should be harsh. A discussion of the crimes related to impersonating a police officer, as well as impersonating someone else in a private or public capacity, will follow below.
Impersonating a Police Officer: Consequences and Punishment
To be criminally liable for the crime of impersonating a police officer[2], causing harm to another, or deriving some benefit is not required. Instead, a person can be found guilty of this offense if he/she:
- willfully wears or presents law enforcement insignia, uniforms, emblems, labels, and the like;
- for the purpose of fraudulently inducing another to believe he/she is a police officer or fraudulently intending to impersonate a police officer.
Note that wearing a police uniform as part of a Halloween costume or for a part in a play would not constitute a criminal impersonation since the intent is not to fraudulently convince another person he/she was a police officer. This is a misdemeanor offense, and the potential sentences are probation[3], six months in county jail, and/or a $1,000 fine.
However, if a badge was used to induce a false perception, either real or fake, the sentence can increase to one year in county jail, and a $2,000 fine. Further, selling or transferring uniforms or badges that purport to identify the wearer as law enforcement is also illegal and brings potential jail time and substantial fines up to $15,000.
What are Fines for Impersonating Another Person
In addition to impersonating a police officer, it is also a crime to impersonate another person if harm is caused. False impersonation occurs when someone represents him/herself as another person to deceive others. However, the key element of this offense in most cases is whether an additional act was performed, beyond the deceitful misrepresentation, that:
- creates a legal or financial liability for the person being impersonated; or
- benefits the impersonator.
So can you go to jail for impersonating someone? The answer is yes. False impersonation is a wobbler offense in California[4], and a prosecutor’s decision as to whether the charge will be a misdemeanor or felony rests on the circumstances of the case, and the accused’s criminal history. And the question of how long can you go to jail for impersonating someone depends on the type of offense. As a misdemeanor offense, a conviction brings the potential for summary probation, one year in county jail, and $10,000 in fines, while a felony conviction brings up to three years in jail, $10,000 in fines, and/or formal probation. Further, anyone convicted of the felony charge of false impersonation is prohibited from owning firearms.
Hire a Criminal Defense Attorney
Incidents that start as jokes or harmless acts can quickly turn serious if misinterpreted by police. Do not take a chance with the rest of your life. Contact an experienced criminal defense attorney to handle your case. The Los Angeles law firm Manshoory Law Group, APC is dedicated to getting their clients the best possible results and is available to evaluate your situation. Attorneys are available 24/7. Contact us today for a free consultation.
FAQ
What is the punishment for impersonating a police officer in California?
Impersonating a police officer is a misdemeanor in California, carrying penalties of up to six months in county jail and a $1,000 fine. If a badge real or fake was used to deceive someone, the sentence increases to up to one year in county jail and a $2,000 fine.
Can you go to jail for impersonating someone else in California?
Yes. Impersonating a private individual known as false impersonation under California law is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony. A misdemeanor conviction carries up to one year in county jail and $10,000 in fines. A felony conviction can result in up to three years in jail and the same fine amount.
Is wearing a police costume illegal in California?
Not automatically. Wearing a police uniform as a Halloween costume or for a theatrical performance is not a crime because there is no intent to deceive. Criminal impersonation requires the deliberate intent to make someone believe you are a real police officer.
What makes impersonating someone a felony vs. a misdemeanor in California?
The key factors are the specific circumstances of the impersonation and the accused’s prior criminal history. If the impersonation created financial or legal harm to the person being impersonated, or if the impersonator directly benefited from the deception, prosecutors are more likely to pursue felony charges.
Can a felony impersonation conviction affect your gun rights?
Yes. Anyone convicted of felony false impersonation in California is prohibited from owning or possessing firearms. This is one of the most significant long-term consequences beyond jail time and fines, and is a strong reason to retain a criminal defense attorney immediately.
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Nov 16, 2024
When the police come knocking, it is natural for an individual to feel a rush of stress and anxiety as to why they want to talk. Potentially, a police officer isn’t interested in talking but rather in taking an individual into custody for a crime. When police are involved, they have the power to detain an individual, arrest them, or detain them followed by an arrest. There is a difference between detention and arrest, and it is critically important that a defendant who finds themselves in a potential criminal situation understand their rights.
Having the support of an experienced and skilled criminal defense attorney providing you with legal counsel when you are being questioned by the police[1] is critical to protecting your civil liberties. Defendants who are arrested and convicted of crimes face far-reaching disadvantages in life and reduced opportunities.
When you are in police custody, connecting with the Los Angeles criminal defense attorneys at the Manshoory Law Group is essential to the success of your case. While providing officers with your identifying information is advisable, answering any other questions they have about a crime should not be done without the support of your attorney.
How are Detention and Arrest Different?
Detainment and arrest are connected but are different. A detainment may not result in criminal charges, whereas an arrest will. You may be detained[2] because an officer suspects that you know about a crime or that you were connected to a crime, and their suspicion is reasonable and valid.
The officer can hold you for some time while they determine if their suspicion is backed up by evidence. This may come by way of questioning you or by an investigation, or both. In situations where the offense isn’t too serious, detention may not take too long. However, when detainment is in response to a major criminal event, detention can be prolonged.
Regardless of the crime you are suspected of being associated with, if law enforcement lacks sufficient information to link you to it, you will likely not be arrested and instead released. However, if further investigation uncovers evidence that establishes probable cause, you may be arrested at a later time. If you are arrested outright, both an investigation and questioning will typically follow.
In both detention and arrest situations, officers will try to use their position to find out as much information as possible to use against you either so they can arrest you or so they can support your charges.
In California, detention and arrest are two distinct legal concepts, each with specific implications for the individuals involved and the rights they have in each situation. Here’s a breakdown:
What is Detention in California?
- Definition: A temporary hold or stop by law enforcement to investigate possible criminal activity. Detention does not mean you’re under arrest.
- Legal Standard: Requires reasonable suspicion, which means the officer has specific, articulable facts suggesting you may be involved in criminal activity.
- Duration: Generally brief; usually limited to the time needed to confirm or dispel the officer’s suspicions. This is often referred to as a Terry Stop[3] (from Terry v. Ohio).
- Examples:
- A traffic stop.
- Being stopped on the street for matching the description of a suspect.
- Your Rights:
- You are not free to leave but are not under arrest.
- Officers can ask questions, but you are not obligated to answer beyond providing basic identifying information (e.g., name).
- If an officer begins a pat-down search (frisk), it must be based on a reasonable belief that you might be armed and dangerous.
What is Arrest in California?
- Definition: A formal action where law enforcement takes you into custody because they believe you have committed a crime.
- Legal Standard: Requires probable cause, which means the officer has enough evidence to reasonably believe you committed a specific crime.
- Duration: Typically leads to being taken to jail or another detention facility, where you may be booked and held until released on bail, your own recognizance, or after seeing a judge.
- Examples:
- Being handcuffed and taken to jail after an officer finds drugs during a search.
- Being arrested on a warrant for failing to appear in court.
- Your Rights:
- You must be informed of your Miranda rights before any custodial interrogation begins (e.g., “You have the right to remain silent…”).
- You have the right to an attorney.
- You may be searched incident to the arrest (e.g., for weapons or evidence).
Key Differences
| Aspect |
Detention |
Arrest |
| Legal Standard |
Reasonable suspicion |
Probable cause |
| Duration |
Brief (minutes) |
Extended (hours or more) |
| Freedom to Leave |
No, but not taken into custody |
No, taken into custody |
| Rights Involved |
Limited (e.g., no Miranda required) |
Full rights, including Miranda |
Can You Be Detained Without Being Told Why?
An arrest can happen without detainment, meaning if you commit a crime that an officer witnesses, they can arrest you on the spot. If a judge issues an arrest warrant[4] against you, an officer will use this legal document to find you and arrest you. Only in an arrest does an officer have to read you your Miranda Rights. Your Miranda Rights[5] detail your right to remain silent. While you won’t be reading your Miranda Rights during a detainment, you still have the right to remain silent, and you should know this so you don’t feel pressured to answer questions that could ultimately hurt your case.
Contact an Experienced Criminal Defense Attorney
Whether you are just detained or are arrested, it is important that you don’t self-incriminate or jeopardize your case in any way. The Los Angeles criminal defense lawyers at the Manshoory Law Group will preserve your legal rights and see to it that you are treated fairly. Contact our lawyers at Manshoory Law Group today to schedule a free case evaluation at 877-977-7750.
References
Oct 29, 2024
Penal codes and their complexities in criminal law may be complex to understand, particularly if the focus is on certain crimes such as “contributing to the delinquency of a minor.” This term can be regarded as legal and bears an important legal meaning, especially for adults dealing with children. This blog seeks to explain what this offense entails, the legal aspects of this offense, the possible consequences, and the possible defense that any accused person could put forward.
What is Contributing to the Delinquency of a Minor?
Contributing to the delinquency of a minor involves actions[1] by an adult that cause or encourage a minor—anyone under the age of eighteen—to engage in unlawful behavior. This may include providing alcohol or drugs to minors, encouraging truancy, or promoting other illegal activities. In California, this offense is primarily addressed under Penal Code Section 272[2], although other legal codes may also apply.
This law is designed to protect minors from harmful influences and negative behaviors by holding adults accountable for their actions. For example, if an adult buys an item and urges a minor to steal it or provides substances prohibited for minors, they may be charged with contributing to the delinquency of a minor. Importantly, an adult doesn’t need to directly cause a minor to commit a crime; even encouraging situations that lead a minor to unlawful behavior can result in charges.
Key Legal Elements for a Contributing to Delinquency Charge
To successfully prosecute someone for contributing to the delinquency of a minor, certain key legal elements must be established:
- Act or Omission: The defendant must have done an act or omitted to do something he was required by law to do.
- Causation: The act or omission must have led to, or contributed to, the continuance of the child as an object of severance of their legal right to live with and be supported by their parents, or encouraged the becoming of a delinquent child.
- Intent: The prosecution should prove beyond any reasonable doubt that the defendant did the act cited with general criminal intent or criminal negligence.
These elements highlight that even unintentional actions can lead to serious consequences if they encourage a minor to engage in delinquent behavior.
Is Contributing to the Delinquency of a Minor a Felony?
In most jurisdictions, contributing to the delinquency of a minor is classified as a misdemeanor. However, certain aggravating circumstances can elevate the charge to a felony. For example, if the adult’s actions cause physical harm to the minor, the charge may be increased and lead to more serious penalties.
In California, Penal Code Section 272 typically classifies this offense as a misdemeanor, carrying a potential penalty for contributing to the delinquency of a minor of up to one year in jail and/or fines up to $2,500.
How Cases of Contributing to a Minor’s Delinquency are Prosecuted?
Cases of contributing to a minor’s delinquency are typically prosecuted by local district attorneys, who evaluate the facts to determine if there is sufficient basis for filing charges. To secure a conviction, the prosecution must prove beyond a reasonable doubt that:
- Earlier, the defendant omitted or neglected to perform some duties.
- This omission or action contributed to or encouraged the minor’s delinquent behavior.
Moreover, the witnesses that the prosecutors usually rely on are competent eyewitnesses, police reports, and other available evidence[3]. It drastically shifts the balance of proof on them because their allegations can change the life of the accused as well as the minor.
Punishment for Contributing to the Delinquency of a Minor
Punishment for contributing to the delinquency of a minor differs depending on the jurisdiction and actual circumstances of a case. Generally speaking:
- Misdemeanor Charges: These may attract a prison term of up to one year in county jail and/or fines of up to $2,500.
- Felony Charges: These can be raised due to aggravating circumstances (as in if it results in harm), and can include increased imprisonment periods and stiffer penalties.
Besides imprisonment and monetary penalties, individuals convicted may also be ordered to serve probation [4], perform community service, and, if necessary, attend counseling sessions.
Defenses to Contributing to the Delinquency of a Minor
Individuals charged with contributing to the delinquency of a minor have several potential defenses available:
- Mistake of Age: If an adult genuinely believed the minor was over the legal age (e.g., eighteen), this would provide a defense.
- Lack of Intent: Proving there were no intentions or knowledge about encouraging delinquent behavior may decrease charges.
- False Accusations: Situations where the child makes up stories can also be valid if supported by evidence.
- Insufficient Evidence: Charges may be dismissed if the prosecutor cannot prove all necessary elements beyond a reasonable doubt.
These legal issues require the hiring of an experienced criminal defense lawyer to handle them.
Criminal Defense for Contributing to the Delinquency of a Minor Cases
Such charges involve prosecution for allegedly encouraging juveniles to commit crimes [5], and anyone charged with this should hire a lawyer immediately. A qualified attorney can provide valuable insights into:
- The gray areas of the local laws about juvenile offenses.
- Possible bargains that could reduce the repercussions of such pleas.
- Tactics in the creation of an effective defense based on the facts of the case.
A professional attorney will review every detail of the case, including the evidence that may be produced by the prosecution, and defend the rights of the accused in a trial.
Knowledge of contributing to the delinquency of a minor is crucial for any person having contact with children – as parents, tutors, neighbors, etc. This offense operates as both a preventive measure and a punitive one, aiming to prevent minors from participating in unlawful acts while restricting adults’ authority over them.
The consequences of being charged with this crime can be harsh and lifelong, hence the need to prevent and be informed. If you hear that you or someone you know may be charged with such an offense, consulting an experienced lawyer is key to successfully coping with such cases.
Juvenile delinquency laws, while primarily focusing on the legal protection of minors from abuse, also emphasize the adult’s role in ensuring youths do the right thing rather than making wrong choices easy to achieve. These laws encourage the growth of healthy childhood and youth environments, shaping responsible citizens for the future.
References
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Oct 16, 2024
Drug possession in California can lead to jail sentences and other penalties. The actual consequences depend on many factors, such as the type of drug in question, your intentions with it, quantity, etc. If you’d like to learn more about the possession of a controlled substance and subsequent consequences under California drug laws, check out the article below!
What Is a Controlled Substance?
The term[1] controlled substance refers to a drug whose use is regulated by the law. Some substances, such as heroin and cocaine, are illegal in all situations. Others require a prescription[2], such as oxycodone and morphine.
The reason why the use of these chemicals and drugs is under strict government monitoring is potential addiction and abuse. If you are charged with possession of a controlled substance, don’t hesitate to contact our attorneys. Our team has extensive experience and expertise in dealing with drug crimes, which can help build the best defense for your case.
What Is Possession of a Controlled Substance?
According to California drug laws, there are two different possessions. The first one is simple possession, which indicates you had the drug for personal use. Your charges could also indicate possession with intent to sell, which implies you planned to sell the substance.
If a police officer finds you with a drug listed among the Schedule drugs[3], you’ll probably be charged with possession of a controlled substance. Simple possession could be an infraction, which means a fine is the only possible penalty. If they classify it as a misdemeanor, it could be up to a year of jail time and a fine. Depending on the substance quantity, type, and prior convictions, substance possession could be a felony[4].
If you get those charges, make sure to contact a drug crimes lawyer. A professional attorney will identify a solid defense for your case and help get the best out of the entire situation. The severest penalties for the drug possession charges California has are related to transporting and possessing a controlled substance with the intention of selling it. If you moved the drug across at least two counties, the maximum sentence is up to nine years in jail.
How Does California Classify Controlled Substances?
The United States has a Controlled Substances Act[5] on a federal level. However, the states also have the right to create lists of Schedule drugs.
According to the California Health and Safety Code, you’ll find five categories of scheduled substances:
- Schedule I [6]. There’s no medical use for these drugs, and they come with a dangerous risk of abuse and addiction. The list includes heroin, LSD, PCP, ecstasy, and other opiates and hallucinogens. Although marijuana is in this group, lawmakers will likely remove it soon.
- Schedule II. Amphetamine and methamphetamine, as well as their precursors, are in this group [7]. You’ll also find Vicodin and morphine, which can be bought with a prescription.
- Schedule III [8]. The Schedule 3 drugs have some medical use but also a moderate risk of abuse and addiction. They include ketamine, testosterone, dronabinol, etc.
- Schedule IV. Xanax is a controlled substance in this group, as well as valium and phentermine. The medical community approves using these drugs, but only with a prescription.
- Schedule V. These have the lowest abuse and addiction risk and wide use in the medical community. Motofen, Lomotil, and even some cough medications are in this group.
What Are the Penalties for Drug Possession in California?
The penalties vary on the type and quantity of the drug, your intent with it, and other aggravating circumstances. For example, the penalty for possession of drug paraphernalia in California could be up to six months of jail time. You might be eligible for a diversion program[9] depending on your specific case.
Penalties for Possession of a Controlled Substance
The only way you could legally have a controlled substance on you is if you have a valid prescription and the amount within the specified range. Otherwise, you could be facing a charge for drug possession under the California drug laws.
Depending on the details, you could be facing charges for the following:
- Actual possession. It happens when you have the drug on you. The police often find it in someone’s pockets or even shoes.
- Constructive possession. You were driving your car and had the drug in the compartment by the passenger’s seat. That means you exercised control over it and could access it easily. The same applies to keeping the drug in a gym locker. If it’s reasonable to assume it’s yours, you could face charges for constructive possession[10].
- Joint possession. It happens if multiple persons have access to the drug. For example, joint possession of drugs occurs at parties or when two people are driving in a car. If nobody wants to admit the drug is theirs, everyone involved gets a joint possession charge.
Penalties for Possession of Marijuana
You can legally possess up to 28.5 grams[11] for recreational use in the State of California. The only condition is that you need to be at least 21 years old. It’s also unlawful to possess marijuana on K-12 school grounds[12] while classes are in session.
Depending on the offense, possessing marijuana could be an infraction or misdemeanor[13]. The fines range from $100 to $500, and other penalties include community service, drug counseling, and jail time.
Possession of Concentrated Cannabis
According to California drug possession laws, you can legally possess up to eight grams of cannabis concentrate for recreational use[14]. But if you use medical marijuana, you aren’t subject to this limit. So you don’t have to worry about the quantity you have on you, but it’s important you have a valid prescription.
If you are a recreational user with more than eight grams of concentrated cannabis on you, that qualifies as a misdemeanor. The law states you can get a $500 fine and six months of jail time.
If you had concentrated cannabis with intent to sell it, it’s still a misdemeanor[15].
However, the offense could be upgraded to a felony on these grounds:
- You had at least two prior misdemeanors for a similar crime.
- The buyer for the cannabis you wanted to sell is less than 18 years old.
- You have a prior conviction for a sex crime, violent, or another serious felony.
Is Drug Possession a Felony in California?
Drug possession could be an infraction, misdemeanor, or felony.
The charge you’ll be facing depends on many factors, including:
- Substance type. If you were caught with a Schedule 1 drug, it increases the odds of receiving a felony charge.
- Drug quantity. The acceptable limits vary on the substance. But it’s not only about going above the lawful limit but how far you go. Possession of a controlled substance in a large quantity has more chances of ending up as a felony than owning only a small amount of the drug.
- An intention to sell the drugs. The lawmakers could see that as a danger to the community. Depending on the amount, you could face drug trafficking charges[16].
- Other circumstances. If you were resisting an arrest or committed a violent crime[17], it could worsen your situation.
How Long Do You Go to Jail for Drug Possession?
If you face a misdemeanor, the maximum punishment is 12 months in jail. For possession of marijuana, the offense is punishable by up to six months of jail time. Juvenile drug possession California charges could only be for an infraction. Defendants under 18 will probably face a $100 fine, community service, and drug counseling.
It’s only if you committed a felony that you can get a bigger jail punishment than 12 months. Prior convictions[18] could make your next charge a felony. Alternatively, an intent to sell the drug leads to higher sentences. Finally, transporting a controlled substance is a felony. You could face up to five years in a state prison only for that offense.
What Is Proposition 47?
The voters passed the Proposition 47 referendum in 2014. Some call it the Safe Neighborhoods and Schools Act, and its main idea was to re-qualify some non-violent criminal acts. From then, crimes that don’t involve violence aren’t a felony but a misdemeanor[19].
Since possession of a controlled substance is a non-violent crime, the Health and Safety Code considers it a misdemeanor. That means you can’t get more than a year in county jail. However, the misdemeanor benefits don’t apply if you had prior offenses similar to your latest one. If you are registered as a sex offender, you could end up with felony charges instead of a misdemeanor. It helps to have an experienced criminal defense lawyer in your corner if that happens. Don’t hesitate to contact our office and schedule an appointment to discuss your case.
Ban on Synthetic Cannabinoids
Near the end of 2016, the legislature passed[20] a law banning the possession and sale of all synthetic cannabinoids (such as the popular drug “Spice”).
Penalties for possession for personal use are:
- First Offense: An infraction for the first offense ($250 fine)
- Second Offense: An infraction or misdemeanor for the second offense ($500 and/or six months in jail)
- Subsequent Offenses: A misdemeanor for subsequent offenses ($1,000 and/or 6 months in jail)
Additionally, the court has the authority to divert some defendants to a drug treatment program[21] in lieu of criminal charges. The sale or distribution of synthetic cannabinoids is classified as a misdemeanor subject to $1,000 fines and/or six months in jail.
Enhanced Penalties for Possession of Date-Rape Drugs
California also added a law[22] that raised the level of the crime for possession of drugs commonly associated with date-rape cases (e.g., ketamine, GHB, and Rohypnol) from a misdemeanor to a felony. There must be evidence of an intent to commit sexual assault to elevate the offense, and the new sentencing guidelines impose jail time for 16 months or two to three years.
How to Get Drug Possession Charges Dropped?
The defense will depend on your specific case. Your lawyer will assess the Health and Safety Code 11350(a) HS [23], which makes it illegal to possess a controlled substance in California. After gathering the details, they could go with these defense options:
- The drug wasn’t yours. If it’s an option to claim the drug was someone else’s, this could be your defense.
- You didn’t have control over it. It’s a frequent defense in cases of constructive and joint possession.
- You had a valid prescription. If it’s not possible to prove you didn’t have a prescription, you could get the charges dropped on these grounds.
- The drug search and seizure was illegal. If the police didn’t follow relevant procedures[24], the case would be dropped.
- You didn’t know the drug was there. This approach might help to lower your sentence, but it rarely gets the charges dropped.
It’s vital to identify your best options against drug felony charges. That’s why you need an experienced lawyer with drug crime expertise. Our defense attorneys will listen to you carefully and analyze all details before building a case. That will ensure you have the best defense and odds of getting a positive outcome from the process.
Feel free to get in touch and schedule an appointment with our professional defense lawyers!
References
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- Office of Non-Public Education. (2009). State regulation of private schools. U.S. Department of Education. https://www.ed.gov/sites/ed/files/admins/comm/choice/regprivschl/regprivschl.pdf
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- Manshoory, S. (2016, December 19). Misdemeanor, felony and “Wobbler” offenses in California. Manshoory Law Group, APC. https://manshoorylaw.com/blog/misdemeanor-felony-and-wobbler-offenses-in-california/
- Manshoory, S. (2022, January 27). Can a plea deal turn a drug trafficking charge into a simple possession charge? Manshoory Law Group, APC. https://manshoorylaw.com/blog/can-a-plea-deal-turn-a-drug-trafficking-charge-into-a-simple-possession-charge/
- Manshoory, S. (2022, December 16). What would be considered a violent crime in California? Manshoory Law Group, APC. https://manshoorylaw.com/blog/violent-crimes-in-california/
- Manshoory, S. (2017, February 13). How do my prior convictions affect my current case? | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/the-impact-of-past-convictions-on-current-prosecutions/
- Manshoory, S. (2021, January 27). How to reduce felony to misdemeanor in California: Prop 47. Manshoory Law Group, APC. https://manshoorylaw.com/blog/prop-47-could-reduce-your-sentence-after-a-california-theft-charge/
- Synthetic Drugs (a.k.a. K2, Spice, Bath Salts, etc.). (n.d.). The White House. https://obamawhitehouse.archives.gov/ondcp/ondcp-fact-sheets/synthetic-drugs-k2-spice-bath-salts
- Manshoory, S. (2022, February 22). What is Court-Ordered Rehab, and how does it work? Manshoory Law Group, APC. https://manshoorylaw.com/blog/what-is-court-ordered-rehab/
- Lackey. (n.d.). AB 46 Assembly Bill – Bill analysis. https://leginfo.ca.gov/pub/15-16/bill/asm/ab_0001-0050/ab_46_cfa_20150413_092522_asm_comm.html
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