Marijuana Possession

Marijuana Possession-

There are various laws in California concerning Marijuana.  Listed Below are some of the common marijuana crimes a person can be prosecuted with in California.

 

1.  Simple Possession of marijuana over 28.5 grams is committed when a person unlawfully possessed marijuana, knew of its presence, knew of the nature or character as a controlled substance, and the marijuana possessed weighed more than 28.5 grams.

Possession of marijuana is lawful if the person produces evidence tending to show that his/her possession or cultivation of marijuana was for personal medical purposes or as the primary caregiver of a patient with a medical need with a physician’s recommendation or approval.  The amount of marijuana possessed must be reasonable related to the patient’s current medical needs.

Simple possession of marijuana is a misdemeanor.

 

2.  Possession for sale of marijuana is committed when a person possessed marijuana, knew of its presence, knew of the nature or character as a controlled substance and when the person possessed the marijuana, he/she intended to sell it and the marijuana was in a usable amount.

Selling means exchanging the marijuana for money, services, or anything of value.

Possession for sale of marijuana is a felony.

 

3.  Selling, furnishing, administering, or importing marijuana is committed when a person sold, furnished, administered or imported into California marijuana, knew of its presence, knew the nature or character as a controlled substance, and the marijuana was in a usable amount.

Selling, furnishing, administering, or importing marijuana is a felony.  A person who gives away, offers to give away, transports, offers to transport, or attempts to transport not more than 28.5 grams of marijuana other than concentrated cannabis is guilty of a misdemeanor.

 

4.  Simple possession of concentrated cannabis is committed when a person unlawfully possessed concentrated cannabis, knew of its presence, knew of the nature or character as concentrated cannabis, and the concentrated cannabis was in a usable amount.

Concentrated cannabis means the separated resin, whether crude or purified, from the cannabis plant.

Simple possession of concentrated cannabis can be with a felony or misdemeanor.

 

5.  Unlawfully planting or cultivating or harvesting or drying or processing marijuana is committed when a person unlawfully planted, cultivated, harvested, dried, or processed one or more marijuana plants and knew that the substance he/she planted, cultivated, harvested, dried, or processes was marijuana.

Possession or cultivation of marijuana is lawful if the person produces evidence tending to show that his/her possession or cultivation of marijuana was for personal medical purposes or as the primary caregiver of a patient with a medical need with a physician’s recommendation or approval.  The amount of marijuana possessed must be reasonable related to the patient’s current medical needs.

Unlawfully planting, cultivating, harvesting, drying or processing marijuana is a felony.