Legal Question in Criminal Law in California

Possession and ownership are not the same thing. Your friend could easily be in possession of something your brother owned. If he knew the pot was in the car, then he probably possessed it. If I'm right about that, nothing your brother might say would make a difference.

I have no idea why your brother would need two pounds of medical marijuana at any given time. The relevant statutes, as interpreted by the courts, only allow possession of the amount needed for a patient's personal use. It's hard to imagine any patient needing two pounds -- or any legitimate provider letting him have that much. It's even harder to imagine why it would all have been sitting in his car when he wasn't there with it.

Admittedly, I don't have all the facts I would need before I could say whether your friend is guilty. But it is very possible that the jury will believe that he is. It's also very possible that they will be right. And if your brother testifies that the marijuana was his, he may find himself in serious legal trouble of his own.

Your brother and your friend each need lawyers. They will not be able to use the same one. But they should get competent legal advice asap.

Juries can be quite unpredictable and no one can answer the question, "what will a jury do?" I can think of plenty of reasons why one might legally possess two pounds but that doesn't mean that a jury will believe it.

The important thing is that both your brother and your friend have good competent attorneys. My office is in San Francisco, not too far from Sonoma County. If either your brother or your friend do not have an attorney they may call me at 415-336-7534.

Punishment is not for the jury to decide. They decide guilt and if there is a conviction, it is up to the judge to impose sentence.

As pointed out, the amount may be beyond medical amounts, but that depends on the facts and evidence. Nobody online can accurately assess the case. Only the lawyer with case can so that.