Beginning in 2011, possession of less than one ounce of marijuana is not considered a crime in California. Rather, it is treated as an infraction. A fine is levied but no criminal charges are filed. Possession of more than one ounce of marijuana is treated as a misdemeanor.
However, possession of marijuana with intent to sell can be treated as a felony. Growing (defined as cultivating) marijuana can also be a felony.
Of course, legalization of medical marijuana has often led to confusion about what is legal and what isn’t. Marijuana remains illegal under federal law. If a federal agent catches someone possessing marijuana, they can be arrested and charged with a felony under federal law. Having a doctor’s recommendation to possess medical marijuana in California does not protect a person from being charged under federal law.
Law enforcement officials in California do not have the right to arrest someone or give a ticket to someone who possesses medical marijuana with a valid doctor’s recommendation unless they suspect that the person intends to sell or distribute the marijuana.
Many people are unlawfully arrested for possession of marijuana because of the confusing nature of the conflicting federal and state laws. If you’ve been charged with federal possession of marijuana, received a ticket for possession of marijuana under California law, or are charged with felony possession of marijuana with intent to sell, call the Champion Law Firm today to speak to an experienced criminal defense attorney. Consultations are always free.
If you’re looking for a Los Angeles Marijuana Charges Attorney, contact us today.