The good news is that not all marijuana charges are created equal. The biggest difference between a possession charge and a possession with intent to sell charge is the amount of marijuana found on your person. Law enforcement considers anything less than an ounce as a simple possession charge. However, if you are carrying anything more than this amount it is likely that you will be cited for intent to sell which is a more serious charge. The prosecution will also consider the following factors to decide whether or not to charge a person with simple possession or with possession with intent to sell: – the distribution of marijuana – the existence of cash
– the existence of weapons
Penalties for Possession of Marijuana
Possession of an ounce of marijuana or less for personal use is an infraction that carries $100 fine.
Possession of more than an ounce of marijuana for personal use is a wobbler offense. If charged as a misdemeanor it carries six months in county jail and/ or $500 fine. If charged as a felony it carries one year in county jail and/or $500 fine.
Possession of any amount of concentrated cannabis is a wobbler offense. It carries sixteen months or two or three years in county jail.
Penalties for Possession of Marijuana With Intent to Sell
Possession of any amount of marijuana with intent to sell is a felony and carries sixteen months or two or three years in county jail.
Possession of any amount of concentrated cannabis for sale is a felony. It carries three, five, or seven years in California state prison and a $50,000 fine.
Medical Marijuana Defense
Marijuana use in San Diego is only legal for medical use if you are being treated by a primary caregiver and have a medical marijuana identification card. Primary caregivers will prescribe marijuana for personal use for patients suffering from aids, arthritis, seizures, cancer and other medical conditions where the patient suffers from chronic pain. Medical use of marijuana will be a defense in your criminal case as long the defense can prove that the marijuana is for the patient’s personal use and the amount is reasonable to the patient’s medical needs under the primary caregiver’s treatment.
There are also ways to earn a dismissal in your case by completing a diversion program, which is either a PC 1000 program or Prop 36 program. If you want more information about how to fight your marijuana charges or if you are eligible for a diversion program in San Diego contact experienced San Diego Marijuana attorney Vik Monder at (619) 405-0063.
Monder Law Group, PC 424 F Street San Diego CA 92101 619-405-0063 http://www.monderlaw.com https://www.facebook.com/MonderLawGroup
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