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Marijuana Defense Attorneys in Oakland

California’s Marijuana Laws

The state of California, though comparatively lax on marijuana laws compared to many other states, still has consequences for marijuana crimes. As of January 1, 2018, California voters legalized the use of recreational marijuana. This means that adults who are 21 or older may possess one once of dried marijuana, eight grams of cannabis concentrate, and six plants for personal use. Exceeding these amounts is a misdemeanor, punished by a fine of up to $500 and/or up to six months in jail.

California DUI law also dictates the following actions are illegal:

  • Possessing marijuana when under the age of 18
  • Selling or possessing marijuana with the intent to sell, unless you have a valid business license to do so
  • Selling marijuana to a minor, even if you have a valid license
  • Violating California environmental laws when cultivating marijuana
  • Operating a vehicle while under the influence of marijuana
  • Smoking marijuana in a public or non-smoking space
  • Smoking on the grounds of a school or youth center
  • Consuming or possessing marijuana in an open container while behind the wheel

Employers and landlords also maintain the right to enforce a drug-free workplace, in which they can report your use or possession of marijuana to law enforcement.

Call (510) 953-5551 or contact us online today. After an arrest, there is no time to delay. Don’t speak with police without a lawyer on your side. 

Potential Penalties for a Marijuana Conviction

Punishments of a marijuana drug crime generally include fines and up to 6 months in jail, if a convicted of a criminal misdemeanor. If there are multiple people involved, or if there are prior convictions for serious or violent offenses, the crime can also face felony enhancements. Potential punishment and your right to possess or use marijuana are also dependent on your criminal history. For example, you may not obtain a license to sell marijuana if you have had previous convictions for serious felonies, knowingly selling to a minor, or selling without a license.

In addition, penalties can be increased if the marijuana crimes were carried out in addition to other offenses, such as weapons crimes, if you are a registered sex offender, or if the crime is in connection with vehicular manslaughter when driving under the influence.

Contact Torres & Caraves Law

Despite becoming more and more acceptable across the board, marijuana use or possession is still subject to being punishable by law. Because the lines regarding marijuana use are so blurred in today’s world, it can be difficult to fully understand when one’s actions are truly illegal. This is why it is important you don’t take your charges lying down; instead, confront them head-on with the help of a trusted Oakland criminal defense attorney, such as ours at Torres & Caraves Law.

If you or a loved one are facing drug charges, whether they are regarding marijuana or not, please don’t hesitate to enlist the legal counsel, care, and representation of an Oakland drug crime lawyer you can trust, such as ours at Torres & Caraves Law. We bring more than 25 years of collective experience and will go above and beyond in our efforts to prevent one mistake from determining the course of your life. We understand just how much is on the line. Allow us to fight for your rights today.

Contact us online or by calling (510) 953-5551

Case Results

Proven Track Record of Successful Defense
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  • Successfully Recovered Client’s Funds Asset Forfeiture Recovery
  • Charges Dismissed Child Abuse
  • Charges Dismissed Child Abuse
  • Charges Reduced Child Molestation

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