Legal Question in Criminal Law in California

Re: Possesion of Marijuana

I've read both answers which were posted prior to mine, and neither is very good, in my opinion. The crime of possessing marijuana paraphernalia was eliminated in 1976. So there's no crime of possessing a marijuana pipe. If there was no actual marijuana in the pipe, but only ash, you haven't committed a crime and the cop is a dumb ass. The prosecutor should spot that (that there's no crime, not that the cop is a dumb ass) and not file charges against you. Don't hesitate to call or write if anything else occurs. Steve Mandell Attorney at Law Santa Monica 310 393 0639

Re: Possesion of Marijuana

HEALTH & SAFETY CODE SECTION 11357 (b) Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). Notwithstanding other provisions of law, if such person has been previously convicted three or more times of an offense described in this subdivision during the two-year period immediately preceding the date of commission of the violation to be charged, the previous convictions shall also be charged in the accusatory pleading and, if found to be true by the jury upon a jury trial or by the court upon a court trial or if admitted by the person, the provisions of Sections 1000.1 and 1000.2 of the Penal Code shall be applicable to him, and the court shall divert and refer him for education, treatment, or rehabilitation, without a court hearing or determination or the concurrence of the district attorney, to an appropriate community program which will accept him. If the person is so diverted and referred he shall not be subject to the fine specified in this subdivision. If no community program will accept him, the person shall be subject to the fine specified in this subdivision. In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, such person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his written promise to appear in court, as provided in Section 853.6 of the Penal Code, and shall not be subjected to booking.

If you have any other further questions, please do not hesitate to contact me office at 310/277-1707.

Re: Possesion of Marijuana

"11357. (a) Except as authorized by law, every person who possesses

any concentrated cannabis shall be punished by imprisonment in the

county jail for a period of not more than one year or by a fine of

not more than five hundred dollars ($500), or by both such fine and

imprisonment, or shall be punished by imprisonment in the state

prison."

The complaint may be modified to include (a) above if there was resin in the pipe rather than any pot. It is not unsual for a pipe to be scraped clean and to charge the individual with possesion of hashish. It happened to Geoge Harrison many years ago. You would be well served by obtianing representation, please call me directly at (619) 222-3504.

Re: Possesion of Marijuana

Thanks for your posting. What you can expect depends on what the facts of your case are. A good attorney will normally review the case for all factual inconsistencies and defenses, and then review all potential legal defenses, going through the checklist. Was there a valid stop? Valid search, seizure? Miranda rights violated? Medical use proof?

From there, your case may be reduced, or dismissed. If you just plead guilty, you will get anywhere from the minimum to the maximum, depending upon the judge and/or the court's policy, which can be up to proposition 36's treatment program, and/or a PC 1000 program, or you may choose jail time (although the law allows you to avoid jail).

Thanks, and if you have questions, please feel free to call my SAN DIEGO office at (858) 546-2870.

Re: Possesion of Marijuana

HEALTH & SAFETY CODE SECTION 11357 (b) Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). Notwithstanding other provisions of law, if such person has been previously convicted three or more times of an offense described in this subdivision during the two-year period immediately preceding the date of commission of the violation to be charged, the previous convictions shall also be charged in the accusatory pleading and, if found to be true by the jury upon a jury trial or by the court upon a court trial or if admitted by the person, the provisions of Sections 1000.1 and 1000.2 of the Penal Code shall be applicable to him, and the court shall divert and refer him for education, treatment, or rehabilitation, without a court hearing or determination or the concurrence of the district attorney, to an appropriate community program which will accept him. If the person is so diverted and referred he shall not be subject to the fine specified in this subdivision. If no community program will accept him, the person shall be subject to the fine specified in this subdivision. In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, such person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his written promise to appear in court, as provided in Section 853.6 of the Penal Code, and shall not be subjected to booking.

The D. A. will probably change the charge to being in possession of a device used in administering drugs. It'll be in the H & S Code also.

Life's a game and like Volley Ball and Basket Ball all you have to do is find out what game you're supposed to be playing and then follow the rules. Same gym and large round ball, but totally different games unless you want to delve deeply into the philosophical meaning of it all.