Transactions involving substances that have been falsely represented as marijuana

California has declared that all activities related to marijuana (with the exception of those that fall under the state’s medical marijuana laws) are illegal and will therefore be criminally prosecuted. Most of these offenses carry severe penalties, which may include drug treatment or education programs, jail or prison sentences and fines. In an effort to protect public health and safety, the legislature has also declared it a crime to sell, furnish, transport, administer or give away a substance that one falsely represents is marijuana and consequently imposes the same penalties on an individual convicted of this offense. As a result, when an individual is accused of this offense, he or she should immediately contact a California defense lawyer who has mastered the laws and defenses that regulate marijuana in this state.

According to California’s Health and Safety Code, every person who agrees, consents or in any manner offers to unlawfully sell, furnish, transport, administer or give away marijuana to another or who offers, arranges or negotiates to have marijuana unlawfully sold, delivered, transported, furnished, administered or given to another and who then sells, delivers, furnishes, transports, administers or gives or offers, arranges or negotiates to have sold, delivered, transported, furnished, administered or given to another any other liquid, substance or material in lieu of the marijuana faces a misdemeanor, punishable by up to one year in the county jail or a felony, punishable by imprisonment in the state prison.

This type of charge requires the skill and experience of a criminal attorney who regularly practices this area of the law and who knows the defenses that will successfully protect his or her client from the penalties associated with this offense. Because this charge is a bit unusual, in that an illicit drug is not necessarily involved in the transaction, defending it calls for the knowledge, creativity and insight that only a California drug crime defense lawyer possesses. He or she must employ the defenses that typically apply to offenses where marijuana is involved, such as illegal search and seizure and lack of intent, which could still apply to this type of situation.

The unsurpassed criminal defense lawyers at The Kavinoky Law Firm are here to help. They receive on-going training and education with respect to California’s drug laws, the ever-changing policies that serve as the basis for them and the many defenses that apply to these laws, giving them a leg up on the competition when it comes to cutting-edge trial strategies and procedural tactics. With law offices throughout the state, including several in and around Los Angeles, they are conveniently located for anyone in need of an exceptional California drug crime defense attorney. For the most trusted legal advice and outstanding representation, contact The Kavinoky Law Firm today for a free case evaluation.