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Juvenile and Adult Marijuana

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Juvenile and Adult Marijuana Possession: Weed Tickets and Misdemeanors

I thought marijuana was legal?

The California Legislature reformed and retained some of the criminal sanctions surrounding marijuana (Cannabis) as well as established a legal possession limit. For reference, any person under 21 in possession of any amount of marijuana is guilty of an infraction. Persons over 21 are not allowed to possess more than 28 grams of leafy marijuana at once or 8 grams of cannabis concentrate.

Persons who possess more than the legal limit may be punished under California Health and Safety Code section 11357 which lays out the scheme for criminal prosecutions and ticketing.

MARIJUANA TICKETING CHART

Utilizing the below chart, you can look up the potential punishment for essentially any weed ticket with the three following pieces of information.

  1. The amount of marijuana possessed
  2. The age of the person ticketed
  3. The number of prior convictions under Health and Safety Code section 11357.

 

  • Less than 28,5 grams of cannabis (leaf) or eight (8) grams of concentrated cannabis.

 

  1. UNDER 18
    1. First Offense: infraction, four hours of drug education or counseling, up to 10 hours of community service over a period not to exceed 60 days.
    2. Second Offense: infraction, complete six hours of drug education or counseling, up to 20 hours of community service over a period not to exceed 90 days.
  2. 18 YEARS OF AGE BUT LESS THAN 21 YEARS OF AGE.
    1. All Offenses: infraction, a fine of not more than one hundred dollars ($100).

 

  • More than 28.5 grams of cannabis (leaf) or eight (8) grams of concentrated cannabis.

 

  1. UNDER 18 YEARS
    1. First Offense: infraction, complete eight hours of drug education or counseling, up to 40 hours of community service over a period not to exceed 90 days.
    2. Second Offense: infraction, complete 10 hours of drug education or counseling, to 60 hours of community service over a period not to exceed 120 days.

 

  1. 18 YEARS OF AGE OR OLDER
    1. This offense is punishable as a misdemeanor. A misdemeanor generates a criminal record and the record of conviction will be visible on background check.
    2. First Offense: 6 months county jail maximum, $500 + Penalties and Assessment (Adding thousands of dollars!!!)

I got a ticket for possession by a school even though I wasn’t smoking?

California Health and Safety Code 11357 section (c) makes it a crime to possess cannabis, upon the grounds of any school providing instruction in kindergarten or any of grades 1 to 12, inclusive, or within, during hours the school is open for classes or school-related programs

Once again you can see the likely outcome of such criminal citization utilizing the following helpful chart with reference to these three relevant factors.

  1. The amount of marijuana possessed
  2. The age of the person ticketed
  3. The number of prior convictions under Health and Safety Code section 11357.

 

  • Less than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis
    1. PERSON 18 YEARS OF AGE OR OLDER
      1. First Offense: Misdemeanor. A fine of not more than two hundred fifty dollars ($250)
      2. Second Offense: Misdemeanor. A fine of not more than five hundred dollars ($500), or by imprisonment in a county jail for a period of not more than 10 days, or both
  • More than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis, upon the grounds
    1. UNDER 18 YEAR OF AGE
      1. First Offense: Infraction complete eight hours of drug education or counseling, up to 40 hours of community service over a period not to exceed 90 days.
      2. Second Offense: complete 10 hours of drug education or counseling, up to 60 hours of community service over a period not to exceed 120 days.

What should I do if I am charged with a Marijuana Infraction (Ticket) or Cited or Arrested for a Marijuana Misdemeanor?

You should immediately contact an experienced criminal defense attorney, like those at Manshoory Law Group, APC to assist you in analyzing the specific facts of your case, preparing and presenting defenses before and during trial, and making sure you understand your rights and helping you enforce them. Marijuana citations are a growing nuisance in Los Angeles county for regular law-abiding citizens. Call now for a free and see what Manshoory Law Group can do for you (877) 977-7750.

 

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