Los Angeles
Criminal Defense Attorneys

California Health and Safety Code Section 11357 HSC: Possession Of Marijuana

by admin   May 12, 2018   Filed Under: Uncategorized

California Health and Safety Code Section 11357 deals with the fact that, despite it being legal to possess certain amounts of marijuana in California, there are still laws regarding marijuana possession. These laws repercussions vary and I will go into greater detail about them in the following section.

Specific Offenses and Their Penalties

In California, even though it is legal to possess marijuana in certain instances, there are still several laws regarding marijuana possession. These laws regard possessing marijuana on school grounds, possessing more than an ounce of marijuana and possessing marijuana if you are a minor. Under California Health and Safety Code Section 11357, it is illegal to possess any amount of marijuana, during school hours or after school hours, on a K-12 campus. If you are over the age of 18, possessing marijuana on a K-12 campus, during school hours or after school hours, is a misdemeanor and you will receive a $250 fine. If your are under the age of 18 and are caught with marijuana on a K-12 campus, during school hours or after school hours, you will be have to attend a drug treatment program or complete community service. Under California Health and Safety Code Section 11357, it is illegal to possess more than 28.5 grams or marijuana or 8 concentrated grams of cannabis. If you are an adult and are found to possess more than 28.5 grams of marijuana or 8 concentrated grams of cannabis, you will be charged with a misdemeanor. The potential penalties for this misdemeanor are up to 6 months in jail or a $500 fine. If you are under the age of 18 and are found with either 28.5+ grams of marijuana or 8 concentrated grams of cannabis, you will be charged with a California infraction and have to either complete community service or attend drug counseling. California Health and Safety Code Section 11357 also states that it is illegal for anyone under the age of 21 to possess any amount of marijuana. While it is legal for adults 21 and over to posses less than 1 ounce of marijuana, in most places, having any amount of marijuana or concentrated cannabis is illegal for someone under 21. The penalties for being under 21 and possessing marijuana are a fine of up to $100 dollars or 4 hours of drug education and 10 hours of community service. If you commit multiple penalties for being under 21 and possessing marijuana, then you will have to do 6 hours of drug education and up to 20 hours of community service.

Ways You Can Fight Potential Section 11357 Violations

In order to avoid a potential conviction stemming from a violation of California Health and Safety Code Section 11357, it is important to know the ways to fight a violation. The ways you can fight a violation of California Health and Safety Code Section 11357 is by using a defensive strategy. Some of the defensive strategies that you can use to fight California Health and Safety Code Section 11357 violations are saying that the marijuana was discovered during an illegal search and seizure, saying you didn’t possess the marijuana or saying you didn’t know you possessed the marijuana. One defensive strategy you can use to fight a potential California Health and Safety Code Section 11357 violation is to say that the marijuana was discovered during an illegal search and seizure. An illegal search and seizure is when law enforcement searches or takes a person’s possessions without the proper requirements. Without these proper requirements, you may receive a reduced sentence, if you are found guilty, or even have the entire case dropped. The next way to fight a potential California Health and Safety Code Section 11357 violation is to say that you didn’t possess the marijuana. While this can be a tough thing to prove in court, if you can present enough evidence to the jury that the marijuana came from an outside source, you can manage to avoid a conviction. The last way to potential avoid a California Health and Safety Code Section 11357 violation is to say that you didn’t know you possessed the marijuana. While this can also be a difficult thing to prove in court, if you can manage to prove that you had no clue you possessed marijuana, you can avoid any charges. Some examples of you proving that you didn’t know you possessed marijuana would be proving that someone planted it on you or proving that you somehow were wearing someone else’s clothes.