Possession of Marijuana is a Crime?

Is possession of Marijuana for Personal Use a Misdemeanor?

Yes. Possession of a single ounce (28.5 grams) or less of marijuana is a misdemeanor in California. California Health & Safety Code §11357

While the good news is that possession of an ounce or less of marijuana can only be punished by up to a $100 fine, the bad news is that a misdemeanor on your record is still a misdemeanor on your record and you could find yourself having to explain it away for a very, very long time. A simple personal use conviction creates a criminal record that can get you booted from college or interfere with a your ability to get into graduate school, receive a professional license, secure a job, or receive other benefits.

On the other hand, possession of more than a single ounce (28.5 grams) of marijuana is punishable by up to six months in the county jail and/or a fine of up to $500 plus all of the consequences above.

A college student convicted of marijuana possession most likely qualifies for Proposition 36 or drug diversion under Penal Code §1000. This "Deferred Entry of Judgment" program allows for treatment rather than jail time. Upon successful completion of the program, the case is dismissed.

In many cases, a clever and skilled marijuana defense lawyer can arrange an "informal diversion" with the district attorney or judge. The client agrees to do a short amount of community service, or attend a few N.A. meetings. In return, the court dismisses the charge altogether and no criminal record is generated.

If you or someone you care about is facing marijuana possession charges, get professional help before it is too late.

For more information about defending marijuana possession charges for college students in Southern California, contact The Law Office of David J. Givot at (310) 699-0070 or online at www.TheLegalGuardian.net.