Possession of Drugs
California leads the nation for arrests of individuals possessing a controlled substance. A controlled substance is defined as illegal drugs that are classified by the government as being dangerous. According to the California Department of Corrections, of 160,000 prisoners, 20,000 are in jail or prison due to a drug offense.
Drug possession typically goes hand in hand with drug sales. Drugs typically found in possession and/or sold on the street are: cocaine, methamphetamine, marijuana, PCP, heroin, LSD and ecstasy.
Oftentimes, if drugs are found in your possession you may be charged by law enforcement with drug sales (possession with intent to sell) as well, even if the drugs were for your own personal use. The differences in the charges that can be brought against you for drug crimes are extreme. You could be looking at a virtual slap on the wrist or a lifetime of narcotics registration and State prison time. Penalties for a drug charge are based on the type and amount of drug in your possession, intent to sell, or distribute, your past criminal arrests and the circumstances surrounding your case.
In the unfortunate circumstance that you have become entangled with the law due to a drug possession charge, you should hire a professional and qualified attorney. A lawyer can make all the difference in your drug possession case. A lawyer will attempt to have the charges against you lowered or dismissed altogether. McNamara & McNamara has that experienced which is required to fight for your constitutional rights and will do everything possible to keep you out of jail.
Medicinal Marijuana: California's Compassionate Use Act Proposition 215
In 1996, California Voters approved an initiative providing a legal defense under state law for certain individuals who cultivate and possess medicinal marijuana. Constantly monitoring and applying the latest developments in the law, we successfully represent those who cultivate medicinal marijuana, those who transport it, as well users of medicinal marijuana.
The use, possession, transportation, and cultivation of medicinal marijuana is an area of state and federal law which is constantly evolving.
California Health and Safety Code 11357 (possession of marijuana/canabis) generally provides that anyone possessing less than 28.5 grams of marijuana can only be fined, and may not be arrested so long as that person has proper identification. A citation to appear in court, similar to a traffic ticket, must be issued. Possession of a greater amount of marijuana can result in an immediate arrest and a sentence of up to six months in the county jail.
Cultivation, harvesting, or processing marijuana, a felony, is a violation of California's Health and Safety Code 11358 can result in a state prison sentence up to three years. Possession for sale of marijuana, also a felony, a violation of California's Health and Safety Code 11359 (possession for sale of marijuana), can result in the same three year state prison sentence.
California's Health and Safety Code 11360 prohibits the transportation, sale, importation, giving away, or furnishing of marijuana. A violation of this section can result in a prison sentence as lengthy as four years. If the amount of marijuana involved is less than 28.5 grams, the crime is a misdemeanor, with a fine only. As with simple possession of less than 28.5 grams of marijuana, a person charged with transportation of less than 28.5 grams marijuana may not be arrested so long as they possess proper identification.
California Compassionate Use Act of 1996, Proposition 215 provides immunity for certain individuals charged with many of the marijuana crimes described above. With proper representation, those who lawfully possess a physician’s recommendation for medicinal marijuana, those who lawfully operate a medicinal marijuana collective, as well as those who cultivate and transport medicinal marijuana, can avoid prosecution and conviction.
Despite the protections afforded through the California Compassionate Use and California’s recognition that there are scientifically proven medicinal benefits to the use of marijuana, the possession, sale, distribution, and transportation of marijuana remains illegal under federal law.
In order to provide the best representation in the constantly evolving area regarding the legality of medical marijuana, McNamara & Mcnamara makes great efforts to monitor and track medical marijuana’s latest developments, such as the California Attorney’s General’s recent medical marijuana opinion in August, 2008 and the most recent California Supreme Court case addressing medical marijuana, People v. Mentch (2008).
Recently, the United States Attorney General, representing the view of the new presidential administration under Barak Obama, outlined a shift in enforcement of federal drug laws, indicating they would end the Bush administration’s policy of raiding distributors of medical marijuana. Despite this new policy, however, the use, cultivation, possession, sale, or transportation of medicinal marijuana remains illegal under federal law.
California leads the nation for arrests of individuals possessing a controlled substance. A controlled substance is defined as illegal drugs that are classified by the government as being dangerous. According to the California Department of Corrections, of 160,000 prisoners, 20,000 are in jail or prison due to a drug offense.
Drug possession typically goes hand in hand with drug sales. Drugs typically found in possession and/or sold on the street are: cocaine, methamphetamine, marijuana, PCP, heroin, LSD and ecstasy.
Oftentimes, if drugs are found in your possession you may be charged by law enforcement with drug sales (possession with intent to sell) as well, even if the drugs were for your own personal use. The differences in the charges that can be brought against you for drug crimes are extreme. You could be looking at a virtual slap on the wrist or a lifetime of narcotics registration and State prison time. Penalties for a drug charge are based on the type and amount of drug in your possession, intent to sell, or distribute, your past criminal arrests and the circumstances surrounding your case.
In the unfortunate circumstance that you have become entangled with the law due to a drug possession charge, you should hire a professional and qualified attorney. A lawyer can make all the difference in your drug possession case. A lawyer will attempt to have the charges against you lowered or dismissed altogether. McNamara & McNamara has that experienced which is required to fight for your constitutional rights and will do everything possible to keep you out of jail.
Medicinal Marijuana: California's Compassionate Use Act Proposition 215
In 1996, California Voters approved an initiative providing a legal defense under state law for certain individuals who cultivate and possess medicinal marijuana. Constantly monitoring and applying the latest developments in the law, we successfully represent those who cultivate medicinal marijuana, those who transport it, as well users of medicinal marijuana.
The use, possession, transportation, and cultivation of medicinal marijuana is an area of state and federal law which is constantly evolving.
California Health and Safety Code 11357 (possession of marijuana/canabis) generally provides that anyone possessing less than 28.5 grams of marijuana can only be fined, and may not be arrested so long as that person has proper identification. A citation to appear in court, similar to a traffic ticket, must be issued. Possession of a greater amount of marijuana can result in an immediate arrest and a sentence of up to six months in the county jail.
Cultivation, harvesting, or processing marijuana, a felony, is a violation of California's Health and Safety Code 11358 can result in a state prison sentence up to three years. Possession for sale of marijuana, also a felony, a violation of California's Health and Safety Code 11359 (possession for sale of marijuana), can result in the same three year state prison sentence.
California's Health and Safety Code 11360 prohibits the transportation, sale, importation, giving away, or furnishing of marijuana. A violation of this section can result in a prison sentence as lengthy as four years. If the amount of marijuana involved is less than 28.5 grams, the crime is a misdemeanor, with a fine only. As with simple possession of less than 28.5 grams of marijuana, a person charged with transportation of less than 28.5 grams marijuana may not be arrested so long as they possess proper identification.
California Compassionate Use Act of 1996, Proposition 215 provides immunity for certain individuals charged with many of the marijuana crimes described above. With proper representation, those who lawfully possess a physician’s recommendation for medicinal marijuana, those who lawfully operate a medicinal marijuana collective, as well as those who cultivate and transport medicinal marijuana, can avoid prosecution and conviction.
Despite the protections afforded through the California Compassionate Use and California’s recognition that there are scientifically proven medicinal benefits to the use of marijuana, the possession, sale, distribution, and transportation of marijuana remains illegal under federal law.
In order to provide the best representation in the constantly evolving area regarding the legality of medical marijuana, McNamara & Mcnamara makes great efforts to monitor and track medical marijuana’s latest developments, such as the California Attorney’s General’s recent medical marijuana opinion in August, 2008 and the most recent California Supreme Court case addressing medical marijuana, People v. Mentch (2008).
Recently, the United States Attorney General, representing the view of the new presidential administration under Barak Obama, outlined a shift in enforcement of federal drug laws, indicating they would end the Bush administration’s policy of raiding distributors of medical marijuana. Despite this new policy, however, the use, cultivation, possession, sale, or transportation of medicinal marijuana remains illegal under federal law.