Being arrested for any of the marijuana offenses, just like any other type of drug crime, can really affect a person’s life negatively.
People may be charged for the possession of marijuana as well as cultivating or harvesting marijuana. Not all people who are caught with possession of marijuana are to be arrested, as there is also the so-called medical marijuana exception. By asking a Los Angeles marijuana offenses lawyer about marijuana laws,
you may be able to know the real deal about marijuana offenses.
A Look at Marijuana Misdemeanor Possession
Southern California criminal lawyers consider the possession of marijuana as a crime. This fact is clearly stated in the Controlled Drug and Substances Act, which may be found in almost every country. Being caught with marijuana, whether you own it or it was just handed over to you may result in being arrested for a marijuana misdemeanor possession.
If you have been charged with this criminal offense, better speak to a Los Angeles marijuana offenses lawyer.
To be found guilty of a marijuana misdemeanor possession, the prosecutor must be able to provide evidence that points to two things:
- A. The offender had control over the marijuana found. This means that marijuana was found in an area of your control such as your home, your car, etc.
- B. The offender has knowledge of marijuana being there.
Of course, being sentenced guilty with possession of marijuana may only be completed for as long as there are witnesses, for example, the law enforcement officer who found the marijuana in your possession. The amount of marijuana also plays an important role in determining the penalties given to the offender. Having a lot of marijuana may result in being charged with trafficking or the crime of harvesting marijuana, which usually brings about harsher punishments.
The Law on Marijuana Harvesting
Marijuana harvesting is one of the two marijuana offenses that a Los Angeles marijuana offenses lawyer may be able to explain clearly. Southern California criminal lawyers may also use the term marijuana cultivation to refer to the crime of growing marijuana.
People who are found growing or harvesting marijuana, no matter if what is planted is just one or two parts of the plant, maybe arrested for violating marijuana laws, specifically found under the Health and Safety Code.
For the prosecutor to convince the court that a person is guilty of harvesting marijuana, these elements must be present:
- A. The offender is the one who planted the marijuana plant.
- B. The offender is aware that what he planted was a marijuana plant.
If you or somebody you know has been arrested for harvesting marijuana, contact an experienced Los Angeles marijuana offenses lawyer right away.
Learning About Medical Marijuana Exceptions
Southern California criminal lawyers may also have the need to consider medical marijuana exceptions when defending clients who have been charged with marijuana offenses. Medical marijuana simply means using the plant for healing or medical purposes.
Some countries like Canada, Spain, the United Kingdom, etc. consider medical marijuana as legal, while in the United States, the use of marijuana is still illegal, even if there is such a thing as medical marijuana. Medical marijuana usage in the countries mentioned, however, is prescription-based, and the distribution of the plant still follows local laws.
Medical marijuana is said to be effective in providing pain relief and comfort to people who have health problems such as asthma, hepatitis, epilepsy, and many others. A Los Angeles marijuana offenses lawyer, however, may inform you that though medical marijuana is considered illegal in the United States, some states such as Hawaii, Nevada, Washington, New Mexico, California, etc. have allowed marijuana to be used in treating illnesses, but of course, is regulated.
Southern California criminal lawyers may warn you of the penalties that may result from being guilty of marijuana offenses. First and foremost, the offender is given a criminal record. Next, a fine may have to be paid, usually amounting to $1000, or the offender may be required to serve jail time, or worse, be given both penalties.
Overall, though there are proven health benefits from the intake of marijuana, it is still considered a controlled substance, with laws that make owning, cultivating, and distributing marijuana as federal crimes. Never allow marijuana offenses to make your life miserable. Remember that marijuana offenses are usually considered grave crimes.
People who are arrested for the said crimes really require the help of an experienced Los Angeles marijuana offenses lawyer.