{"id":1640,"date":"2012-05-28T17:40:56","date_gmt":"2012-05-28T17:40:56","guid":{"rendered":"http:\/\/www.markagallagher.com\/socaldefenselawyers\/its-ounce-that-counts-marijuana-possession-california\/"},"modified":"2020-10-30T20:48:23","modified_gmt":"2020-10-30T20:48:23","slug":"its-ounce-that-counts-marijuana-possession-california","status":"publish","type":"post","link":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/its-ounce-that-counts-marijuana-possession-california\/","title":{"rendered":"It’s An Ounce That Counts (Marijuana Possession In California)"},"content":{"rendered":"

\"\"<\/a>Mere possession of marijuana is not a crime. Having no more than 28.5 grams (1.00530 ounces) of marijuana, other than concentrated cannabis, is not a criminal act. It\u2019s an infraction with a maximum fine of $100.[1]<\/a> \u00a0Back in the day, possessing less than an ounce landed you zero jail time and $100 at most from your pocket, but you could still be arrested and charged with a misdemeanor. You had the possibility to have the judge dismiss your charges upon successful completion of a drug diversion program but since California is dead broke, lawmakers decided just to take the money than spend resources prosecuting cases.\u00a0 Heaven forbid you exercised your right to a trial by jury. To put this information into perspective, possessing the narcotic is closer to disobeying a traffic regulation. Well actually, it\u2019s also a vehicle code violation listed as an infraction.[2]<\/a><\/p>\n

Are your emotions puffing with excitement? I don\u2019t mean to bring you back down to Earth but there are still situations when you can face imprisonment. Possessing any amount on school grounds during school hours or school-related activities can place you behind bars and deduct $500 from your wallet or purse.[3]<\/a> \u00a0Don\u2019t stress too much because this provision only applies from kindergarten to the 12th grade, clearly one of the benefits to getting a college education. In other words, don\u2019t bring a joint to your daughter\u2019s recital thinking at worst you have money to blow.<\/p>\n

Furthermore, doing any other thing with marijuana besides using it for legal medical purposes is pretty much a crime. [4]<\/a> \u00a0Smoking, cultivating, selling, giving away, hiring children to transport marijuana are a few ways that can lock you up regardless how much cannabis\u00a0may be\u00a0involved. So if you don\u2019t want to be in deep trouble, keep it to yourself!\u2026as long as it\u2019s less than an ounce and away from schools.<\/p>\n

If you\u2019re seeking legal advice, feel free to contact me here at the Law Offices of Mark A. Gallagher: (800) 797-8406 or email me: hans.socaldefense@gmail.com<\/a><\/p>\n

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[1]<\/a> California Health & Safety Code Section 11357(b).<\/p>\n<\/div>\n

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[2]<\/a> California Vehicle Code Section 23222(b). Be aware if you\u2019re driving while carrying less than an ounce, you can have a point added to your driving record which will increase the premium to your insurance. Also see CVC 13202.5 allowing the court to suspend or delay your driver license for one year if you’ve been convicted of possession and you are between 13 and 21 years old.<\/p>\n<\/div>\n

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[3]<\/a> California Health & Safety Code Section 11357(d) ; California Health & Safety Code Section 11357(e).<\/p>\n<\/div>\n

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[4]<\/a> See California Health & Safety Code Section 11362.5 for medical marijuana.<\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Mere possession of marijuana is not a crime. Having no more than 28.5 grams (1.00530 ounces) of marijuana, other than concentrated cannabis, is not a criminal act. It\u2019s an infraction with a maximum fine of $100.[1] \u00a0Back in the day, possessing less than an ounce landed you zero jail time and $100 at most from…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"footnotes":""},"categories":[19,20],"tags":[],"class_list":["post-1640","post","type-post","status-publish","format-standard","hentry","category-california-criminal-law-blog","category-california-traffic-ticket-blog"],"_links":{"self":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/1640","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/comments?post=1640"}],"version-history":[{"count":1,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/1640\/revisions"}],"predecessor-version":[{"id":5581,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/1640\/revisions\/5581"}],"wp:attachment":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/media?parent=1640"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/categories?post=1640"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/tags?post=1640"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}