In California, marijuana possession cases rely on several key details. Understanding the law and carefully investigating the circumstances surrounding the case often determine its direction—whether the case will stand or not.
The key components
Whether a California criminal case for marijuana personal possession exists lies on three crucial aspects namely:
- The age of the individual possessing marijuana
- The amount of marijuana they possess
- Where they possess the drug
How does it work? If a person over the age of 21 possesses less than 28.5 of marijuana and does so away from a school campus with students in grades kindergarten through 12, they are not subject to any penalties for drug possession.
However, if an individual fails to comply to at least one of those circumstances mentioned above, then they may be guilty of a criminal offense. That means a minor under 21 years old who carries pot, a person who possesses more than 28.5 grams of marijuana or an individual, regardless of age and amount possessed, has it anywhere near school grounds with kindergarten through grade 12 students can face legal consequences.
Note that minors may face less severe consequences, such as mandated community service hours and counseling. Nonetheless, the charges and penalties of a case will depend on the age of the possessor, the amount possessed and where it is possessed.
Know your rights and explore your legal options
If you have been charged with marijuana possession in California, it is crucial to understand the factors that will affect your case, along with your rights and legal options. These are crucial in developing a defense strategy tailored to your unique situation.