After having spent years on prosecuting, investigating, and writing search warrants in cases of marijuana ownership, authorities and legal medical insitutions soon came to realize that they were wasting valuable tax money to prosecute innocent people for growing and using Marijuana – as a relatively harmless and medically approved substance.
Here at the Law Offices of Omar Zambrano, we would like to inform you of the current status of law regulations in regards to Marijuana in general, and the propositions allowing Marijuana to be used for Medical Treatment:
Please find below, the current overview of California Marijuana Laws:
Possession of Marijuana (For Personal Use) Is a Misdemeanor Possession of Marijuana (For Personal Use) Is a Misdemeanor
Possession of one ounce (28.5 grams) or less of marijuana is a misdemeanor, but can only be punished by up to a $100 fine. However, possession of more than an ounce (28.5 grams) is punishable by up to six months in the county jail or a fine of up to $500, or both. See California Health & Safety Code 11357. In any case, even a personal use conviction creates a criminal record that can interfere with a person’s ability to secure a job or other benefits. Many consultations are there related to Ananda cbd oil reviews truth. The reviews are required to get the best information about the cannabidiol products and oil. The benefits are enough derived from the reviews to get the best deal. The furnishing of the reviews will offer the best possible results.
A person convicted of marijuana possession most likely qualifies for Proposition 36 or drug diversion under Penal Code 1000. This option imposes a treatment program in lieu of any jail time. Upon successful completion of the program, the case is dismissed.
Under California law, “Every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment in the state prison.” See Health & Safety Code 11358.
Those who cultivate for personal use may be eligible for diversion under Penal Code 1000, so long as there is no intent to sell. The Compassionate Use Act of 1996 and Senate Bill 420 allow a limited permission to cultivate marijuana for personal medical purposes.
Possession for Sale of Marijuana is a Felony Possession for Sale of Marijuana is a Felony
Possession of marijuana with intent to sell is a felony, regardless of the amount. See Health and Safety Code 11359. Even if no sales transactions are observed, prosecutors often charge possession for sales based on circumstantial evidence such when the police (allegedly) find:
Sale, transportation or distribution of marijuana in California is a felony under Health & Safety Code 11360 and is punishable by up to four years of California state prison. Transporting or giving away one ounce or less is a misdemeanor punishable by a fine of not more than $100.
Prosecutions for marijuana sales typically stem from either a sale to an undercover narcotics officer, or from police observation of a sales transaction among third parties. Often narcotics officers will take a hidden “surveillance position” and watch an area known for drug sales. The cops will move in and arrest the parties after they believe they’ve seen a transaction take place.
Also, police are making an increasing number of marijuana sales busts online. Narcotics officers monitor internet sites such as Craigslist, watching for buyers and sellers of weed to post messages. They then respond by phone or email and arrange a “controlled buy” at which they arrest the dealer.
Under Proposition 215, patients under medical care and their primary caregivers may possess and cultivate marijuana. The patient or caregiver must have written approval from a physician, but obtaining an actual county-issued marijuana health card is safer. The pot may not be distributed or sold. Among the conditions for which the medical marijuana can be approved are:
California Vehicle Code 23152(a) makes it illegal to drive under the influence of alcohol or drugs or any combination of the two. Thousands of Californians get arrested each years for driving under the influence of marijuana. This despite compelling studies that indicate pot does not impair driving abilities.
According to Health & Safety Code 11018, “Marijuana means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin.”
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