Transporting and giving away marijuana

Transporting or giving away marijuana or attempting or offering to do either in California is a felony, punishable by two, three or four years in prison, heavy fines and a variety of additional penalties. However, if the charged offense involved less than 28.5 grams or one ounce of marijuana (other than concentrated cannabis), the offense would be charged as a misdemeanor, punishable by a maximum $100 fine. Because the consequences of this charge can be severe, it is critical that an individual accused of one of these crimes immediately contacts a skilled criminal attorney who specializes in California drug crime defense.

Although there is a general law that prohibits transporting, selling, furnishing, administering or giving away marijuana and/or attempting or offering to do any of these activities, the offenses are broken down into three categories: transporting and giving away marijuana are grouped together (along with their attempts and offers), selling, furnishing and administering marijuana are grouped together (along with their attempts and offers as well) and all of the above (including attempting or offering to do any of the above) are grouped together if the marijuana in question weighs no more than one ounce and isn’t concentrated cannabis.

An individual may be convicted of transporting (that is, knowingly transferring marijuana from one place to another, whether by foot, in a car or by some other means of transportation) or giving away marijuana or of offering or attempting to transport or give away marijuana if he or she did so with more than 28.5 grams of marijuana, had knowledge of the presence of the drug and of its narcotic character and, if the crime alleged involved an offer or attempt, that the accused had the specific intent to give away or transport the marijuana. If found guilty, the accused faces two, three or four years in prison and will be ineligible for probation if he or she has a prior felony conviction for drug related offenses that include most opiates or opium derivatives, certain depressants, cocaine base, marijuana, mescaline, peyote, tetrahydrocannabinols or any drugs listed in schedules III, IV or V of the Controlled Substances Act.

Being charged with transporting or “giving away” marijuana raises two additional issues that are related to one another – included offenses and sentencing options. With respect to the first issue, the prosecution may allege that because the accused transported or gave away the drug, he or she necessarily “possessed” the drug and may charge the defendant with the crime of personal possession of marijuana or with possession of marijuana for sale in addition to the transporting or “giving away” charge. However, an experienced criminal defense lawyer who regularly practices this area of the law knows that these crimes are not necessarily included offenses (especially in a situation where one is offering to transport or give away the drug at a later time) and that similarly, where the only possession alleged is necessarily incidental to the drug’s transport or to the act of giving it away, separate convictions for this offense and possession are invalid.

If the court determines that the accused may be charged with a transporting or “giving away” charge and an additional charge involving marijuana, sentencing becomes an issue. If both counts were part of an “indivisible course of criminal conduct,” then the accused could only legally be sentenced to one of the charges. A seasoned lawyer knows the most compelling arguments to convince a judge that any related activities were, indeed, part of the same transaction, thereby avoiding separate sentences.

The unsurpassed attorneys at The Kavinoky Law Firm understand all of these issues and the most effective ways to address them. They also know that an individual convicted of a transportation charge may be eligible for drug treatment in lieu of incarceration if it can be proven that the marijuana was for personal use and not for sale. For the most trusted legal advice and outstanding representation, contact them today for a free consultation.