Marijuana’s unique issues

Marijuana, also known as grass, pot, bud, weed, Mary Jane, ganja, cannabis and indo, is one of the most commonly used illegal drugs in this country. As a result, crimes that involve its use or distribution are heavily prosecuted and can carry heavy sentences. While most drugs are regulated by the same laws, there are a few areas where marijuana laws differ from the laws that deal with other drugs. These areas include cultivation, transportation – when the amount is less than 28.5 grams – and being under its influence. Because the laws that regulate marijuana drugs are specific and technical, it is advisable that an individual charged with a marijuana-related offense contacts a qualified criminal defense lawyer. The outstanding attorneys at The Kavinoky Law Firm specialize in California drug crimes and have mastered the laws and defenses that apply to marijuana offenses. They are dedicated to protecting the rights of their clients and will do their best to have all drug charges either reduced or dismissed.

With respect to marijuana cultivation, cultivating any amount of marijuana may lead to felony prosecution, as the law states that, “every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof…shall be punished by imprisonment in the state prison.” However, if the cultivation is for approved medical purposes, the individual may be exempt from prosecution from this law. In addition, if the cultivation is for personal use (with no evidence of any intent to sell), but isn’t for medicinal purposes, the accused may be permitted to participate in a drug-diversion program to avoid a prison sentence. This is one of the reasons why it is critical to have an experienced California drug crime defense attorney, as an inexperienced attorney would not know to inquire about this type of alternative sentencing.

While selling, importing, furnishing, administering, transporting, giving away or offering to do any of the above with marijuana will generally result in a felony charge (punishable by two, three or four years in the state prison), transporting less than one ounce (28.5 grams) of the drug, unless it’s concentrated cannabis, will typically result in a misdemeanor charge, punishable by a maximum $100 fine.

As for being under the influence of marijuana…this is not in and of itself a crime, as is the case with many (if not most) other illegal drugs. Being under the influence of most other drugs will result in a minimum 90-day jail sentence, and an individual’s sentence increases with each subsequent conviction. No mention is made in California’s Health and Safety code, however, about being under the influence of marijuana drugs. The exception, of course, lies in how one conducts him or herself while under the influence. For example, if an individual is under the influence of marijuana and drives a car, he or she will still be prosecuted for driving while under the influence.

Because California is cracking down on its drug offenders, officers are eager to arrest and prosecutors are eager to convict based on any shred of evidence. The most important call the accused can therefore make is to a good criminal attorney who knows how to successfully challenge and defeat what are often trumped-up charges. The unsurpassed defense attorneys at The Kavinoky Law Firm have law offices throughout the state and are well qualified to defend against marijuana and other drug charges, as they specialize in this area of the law. They pride themselves on their outstanding reputation with local judges and prosecutors, which provides their clients with a tremendous advantage when it comes time to discuss their cases. Their thorough knowledge of California drug laws enables them to give their clients the most comprehensive defenses available – something that an inexperienced attorney simply can’t do. For the most trusted legal advice, contact The Kavinoky Law Firm today for a free consultation and for the best representation.