Legal Question in Criminal Law in California

County Law Humbolt: Girl has cannibas perscription for tulare county but she does not have it on her. She goes to Humbolt and gets picked up for possesion on a cannibus pipe and 3 grams of cannibus. they take her to county jail to wait for the judge. What is the maximum sentence for this crime? thankyou very much


Asked on 1/08/10, 4:11 am

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

First of all, there's no such thing as a prescription for marijuana because it remains illegal under federal law and cannot be prescribed. The correct term is physician's recommendation.

Second, it would be helpful to know whether the three grams was marijuana bud or hashish, which is classified as concentrated cannabis under California law.

Possession of less than an ounce of marijuana is a misdemeanor with a maximum punishment of a $100 fine. Possession of concentrated cannabis can be charged as a misdemeanor with as much as a year in jail, or a felony with a potential three year prison sentence.

A valid physician's recommendation, no matter where it was issued, would be a defense to either charge unless it was possessed for sale.

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Answered on 1/13/10, 4:34 am


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