California Marijuana Law - Money that is associated with certain unlawful transactions

California Marijuana Law - money associated with unlawful transactions

When charged with a marijuana-related offense in California, the accused faces losing everything – his or her freedom, his or her job, his or her family, his or her home, his or her business and any profits that were involved in an alleged sale. In order to best avoid these harsh possibilities from becoming one’s reality, it is absolutely necessary that an individual accused of any illegal activity that involves marijuana immediately contacts a California drug crime defense attorney who knows the most effective ways to beat the charge.

An individual who possesses any money or negotiable instruments (checks, for example) in excess of $100,000, which was obtained as the result of the sale (or an offer to sell), possession for sale, transportation, manufacture (or an offer to manufacture) marijuana or, with the knowledge that the money or negotiable instrument was so obtained faces either a misdemeanor, punishable by up to one year in the county jail or a felony, punishable by two, three or four years in the state prison. This same penalty applies to anyone who possesses any money or negotiable instrument in excess of $100,000 who intends to purchase marijuana and who commits an act in substantial furtherance of the purchase. When considering whether the accused is guilty of this offense, the judge or jury may consider (among other things) the defendant’s employment, expert testimony and the existence of any receipts showing proof of the sale.

An individual who knowingly participates in a transaction that involves proceeds that are known to be derived from a marijuana-related offense with the intent to conceal or disguise or aid in concealing or disguising the nature, location, ownership, control or source of the proceeds faces a misdemeanor, punishable by up to one year in jail or a felony, punishable by two, three or four years in prison and a maximum fine of $250,000 or twice the value of the proceeds involved in the violation, whichever is greater.

Any money that is associated with an unlawful transaction involving marijuana will be forfeited to the state. This consists of anything of value given or intended to be given in exchange for marijuana and includes all the proceeds that are traceable to such an exchange, so long as the offense involves manufacturing, selling, possessing for sale, offering for sale, offering to manufacture or conspiring to commit at least one of these offenses if the exchange, violation or other conduct occurred within five years of the seizure of the property, the filing of the criminal charge or the issuance of an order to forfeit the money, whichever came first.

It should be noted that this law authorizes the forfeiture of only those proceeds that are directly traceable to a specific exchange for marijuana. Similarly, only the money that is directly traceable to the exchange or violation (plus any accrued interest on that money) will be seized, even if commingled with other “clean” money.

California Marijuana and Drug Defense Lawyer

The unparalleled criminal attorneys at The Kavinoky Law Firm specialize in California drug crime defense and know what it takes to win. They have mastered all of the laws that apply to marijuana in California, know the many defenses that are applicable to these offenses and, most importantly, know how to effectively apply them in ways that convince judges and jurors that their clients have been victimized by overzealous law enforcement officials and prosecutors. With several law offices in Los Angeles and throughout the state, they are conveniently located for anyone in need of an experienced California criminal defense lawyer who is well equipped to present nothing short of a vigorous and aggressive defense. For the most trusted legal advice and the best representation, contact them today for a free consultation.

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