Marijuana is legal for adults in California, so an arrest for possession can feel confusing and unfair. Many people do not realize that possession is still a crime in certain situations, such as when the amount is too large or the person is under 21. If you are facing charges, a strategic drug possession defense lawyer can review your case and explain your options.
Our San Luis Obispo marijuana possession lawyer can help you understand exactly what the accusation means and how to fight it. Because state law changed significantly with Proposition 64, these cases are more nuanced than they once were, and the right defense depends on the specific facts. Contact the Law Offices of John C. Carlson today to schedule your consultation.
When Is Marijuana Possession Still a Crime?
Proposition 64 allows adults age 21 and older to possess up to 28.5 grams of cannabis and up to 8 grams of concentrated cannabis. Under California Health and Safety Code § 11357, however, possession is still against the law in several situations. You can face a charge when:
- You possess more than the legal limit of cannabis or concentrate
- You are under 21 years of age
- You possess cannabis on the grounds of a K-12 school
- You are accused of possessing marijuana with the intent to sell it
A marijuana possession attorney in San Luis Obispo can determine whether your conduct actually violated the law during your initial consultation.
Penalties for a Marijuana Possession Charge
The penalty for a marijuana possession charge depends on your age and the circumstances. Adults who possess more than the permitted amount can face a misdemeanor carrying up to six months in county jail and a fine of up to $500. Possession on school grounds is also a misdemeanor with its own fines.
For young people, the consequences are usually lighter but still serious. A person between 18 and 21 typically faces an infraction and a fine of up to $100, while a person under 18 may be ordered to complete drug counseling and community service. Even a minor charge can affect college admissions, scholarships, and financial aid. Our San Luis Obispo attorney can help you defend a cannabis possession case to protect your future.
Defenses Against a Marijuana Possession Charge
Being charged with marijuana possession does not mean you have been convicted. One of the strongest defenses focuses on how the police found the drug in the first place. If officers searched you, your car, or your home without a warrant or a valid legal reason, an attorney can move to suppress that evidence, which often leads to a dismissal.
Other defenses may apply as well. The amount may have been within the legal limit, the marijuana may not have belonged to you, or you may have had a valid medical recommendation. At the Law Offices of John C. Carlson, we closely review every detail of the stop and the arrest. A San Luis Obispo attorney can build a marijuana possession defense designed to protect your record and your future.
Call a San Luis Obispo Lawyer To Defend Cannabis Possession Charges
Even in a state where marijuana is legal, a possession charge can carry real consequences for your record and your future. These cases are often defensible, especially when the search was improper or the evidence is weak. Moving quickly can help preserve evidence and strengthen your position.
If you are searching for a San Luis Obispo marijuana possession lawyer, reach out to the Law Offices of John C. Carlson today.
