How to Avoid a Marijuana Possession Conviction for 18-21 Years of Age
admin • May 18, 2021
11357(b) H&S (And Save Your Driver’s License While Doing So)
Note from Bruce:
Under California law, anyone younger than 21 years old who is convicted of a marijuana offense will lose his/her driver’s license for one year, even if the offense is not driving related; this is subject to the discretion of the Judge.
- DEFERRED ENTRY OF JUDGMENT (DEJ) will prevent the loss of your license because the conviction is deferred (held until the conditions are met), and then later dismissed in 18-36 months. Refer to page 10 to learn more about DEJ. Non-citizens (even with Green Cards) will not be protected from being deported by diversion for possession of marijuana of over 30 grams. INS does not honor diversion.
- INFORMAL DIVERSION: Some prosecutors or courts will agree to dismiss the case if the defendant agrees to participate in conditions like 5-15 Narcotics Anonymous meetings or community service.
- ILLEGALLY SEIZED EVIDENCE: Refer to the previous “Search and Seizure” section of the guide. Illegally obtained evidence must be suppressed and cannot be used against the defendant in court. Then there would be no conviction or loss of license.
- PLEA BARGAIN: Prosecutors may agree to dismiss the marijuana offense in exchange for a plea to other charges such as “Disturbing the Peace” [PC §415], or “Trespassing” [PC §602]. Then there will be no loss of license. In addition, try to get an infraction instead of a misdemeanor count.
- TRIAL BY JUDGE: the defendant has the right to a trial by judge (if the D.A. doesn’t object ) in which he/she does not have to plead guilty or no contest (nolo contendere is the same as pleading guilty or no contest).
The post How to Avoid a Marijuana Possession Conviction for 18-21 Years of Age first appeared on The Law Offices Of Bruce M. Margolin, ESQ.
Reductions and Dismissals of Prior Marijuana Felonies As of November 8, 2016, with passage of Prop 64., it is now Legal to Possess (and Give) an ounce of Marijuana & 8 grams of Hashish; California Health & Safety Code § 11362.1, 11362.45; LAW: POSSESSION, BY ADULTS OVER 21, OF AN OUNCE OR LESS OF MARIJUANA […]
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California Health & Safety Code § 11357; Except as authorized by the law*, possession of not more than 28.5 grams of marijuana, or not more than four/ eight grams* of concentrated cannabis, or both, shall be punished or adjudicated as follows: ALL ADULTS 21 OVER IN CALIFORNIA LAW: POSSESSION OF OVER AN OUNCE OF MARIJUANA […]
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California Health & Safety Code § 11359 b MISDEMEANOR LAW: POSSESSION FOR SALE IS A MISDEMEANOR UNDER MOST CIRCUMSTANCES: To sell means to exchange any amount of marijuana or hashish for anything of value. Note that “giving away” up to an ounce of marijuana is legal in the State of California involving adults over the age of […]
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California Health & Safety Code §11362.2 & §11358 Misdemeanor /Felony LAW: Cultivation of up to 6 live plants of Marijuana is legal per residence for adults over 21; and you may posses whatever amounts have been previously grown, and harvested (also in the residence). Note from Bruce: You may want to keep the root-balls as evidence that […]
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Vehicle Code 23152e CA PROP 64 DID NOT AMEND OR CHANGE LAWS REGARDING MARIJUANA DUI PROSECUTION LAW: Even though possession of Marijuana is legalized, it remains unlawful to drive while under the influence of marijuana or any drug if impaired to the degree that one is unable to operate a motor vehicle safely. PENALTY: For […]
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Unfortunately notwithstanding the passage of Prop 64 (AUMA), the legalization of marijuana/cannabis in some instances, employers may still refuse to hire and fire persons that use marijuana/cannabis. California NORML has sponsored pending legislation, that will provide protections for patients from lose of employment. Ross v. Raging Wire Telecom [42 Cal. 4th 920 (2008)]- CA Supreme Court […]
The post Drug Testing and Employment first appeared on The Law Offices Of Bruce M. Margolin, ESQ.
California Health & Safety Code §11470(e) Forfeiture laws allow state and federal governments to seize money and property that are proceeds of, or are used to, facilitate illicit drug activity. Forfeiture proceedings are usually filed separately from the criminal case in which the “defendant” is the money or property itself. The owner must file a […]
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California Health & Safety Code §11361.5 Removing and Expungement (PC §1203.4 ) of your Marijuana Conviction California law requires all governmental agencies to automatically destroy any records of marijuana possession charges and any records of charges for giving away or transporting up to one ounce of marijuana two years after the date of conviction or […]
The post Destruction of Arrest and Conviction Records first appeared on The Law Offices Of Bruce M. Margolin, ESQ.
PC §1000 & 100.94 (LA County) Charges for the possession of marijuana or hashish and for the cultivation of marijuana for personal use can be dismissed through successful completion of Deferred Entry of Judgment. DEJ is not applicable to charges involving possession for sale or transportation unless the marijuana is for personal use. The defendant must plead guilty to […]
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California Penal Code § 1210 California law mandates drug treatment instead of incarceration for the possession and for transportation of marijuana and other drugs for personal use. The defendant is eligible for a drug treatment program even after conviction, unlike Deferred Entry of Judgment which must be taken before trial. The program can require numerous […]
The post Proposition 36 Alternative Drug Treatment Program first appeared on The Law Offices Of Bruce M. Margolin, ESQ.
