If you were arrested for any criminal offense in the San Francisco Bay Area, then contact Cohen & Associates, PLC for a FREE consultation.

Marijuana Crimes

The State of California has decriminalized marijuana to some degree for the first-time possession of a small amount for personal consumption. Nevertheless, some types of marijuana offenses are still prosecuted in California under state and federal law.

The criminal defense attorneys in San Francisco, CA, at Ticket Crushers represent clients for a variety of marijuana crimes including:

  • Driving Under the Influence of Marijuana (or a combination of marijuana along with alcohol or other controlled substances) under California's Vehicle Code Section 23152

  • Sale, Offer to Sell or Transportation of Marijuana under Health and Safety Code § 11360(a)

  • Possession of Marijuana for Sale under Health and Safety Code § 11359

  • Possession of More than One Ounce of Marijuana under Health & Safety Code § 11357(c)

  • Possession of Less than One Ounce of Marijuana under Health & Safety Code § 11357(b)

  • Simple Possession of Marijuana on School Grounds under Health & Safety Code § 11357(d)

  • Simple Possession of Concentrated Cannabis under Health & Safety Code § 11357(a)

  • Illegal Planting or Cultivation of Marijuana

  • Transportation or Offering to Transport Marijuana

  • Sale, Offering to Sell, Possession for Sale of Marijuana

Many of our clients are juveniles charged with the possession, sale or delivery of marijuana at school. It is also felony for an adult to involve a minor in a drug offense, including the use, unlawful sale or transport of marijuana as provided in California's Health & Safety Code § 11361.

Our marijuana defense attorneys in San Francisco, CA, are familiar with asserting the medical marijuana defense that applies under the Compassionate Use Act or the Medical Marijuana Program Act (See Health & Safety Code, §§ 11362.5, 11362.775) to a wide variety of charges when applicable. We also represent clients on other types of drug offenses in California.

If you are charged with any type of criminal offense related to the possession, sale or delivery of marijuana then contact an experienced criminal defense attorney at Ticket Crushers.

Call 1 (866) 842-5384 to discuss your case today.


Simple Possession of Marijuana in California

Under Health & Safety Code, § 11357(c), the crime of Simple Possession of Marijuana requires proof of all of the following:

  • The defendant unlawfully possessed a controlled substance;

  • The defendant knew of its presence;

  • The defendant knew of the substance's nature or character as a controlled substance;

  • The controlled substance was marijuana; and

  • The marijuana possessed by the defendant weighed more than 28.5 grams.

The standard jury instruction for the simple possession of marijuana under Health & Safety Code § 11357(c) can be found at Judicial Council of California Criminal Jury Instruction 2375.


California's Definition of Marijuana

Under California's statutory scheme, the term "marijuana" means all or part of the Cannabis sativa L. plant, whether growing or not, including the seeds and resin extracted from any part of the plant. The term marijuana also includes every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.

The definition of marijuana does not include the mature stalks of the plant; fiber produced from the stalks; oil or cake made from the seeds of the plant; any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake; or the sterilized seed of the plant, which is incapable of germination.


Penalties for Marijuana Hash and Concentrates in California

California law provides for the following penalties for concentrated forms marijuana including resin and hashish including:

  • Possession of a marijuana concentrate is punishable by up to one year of incarceration and a $500 fine;
  • The unauthorized manufacture of a hash or a marijuana concentrate is punishable by up to 16 months to three years in prison and a $500 fine;
  • The chemical manufacture of hash and concentrated forms of marijuana is charged as a felony punishable by up to three to seven years in prison and a $50,000 fine.

Defenses to Marijuana Charges in San Francisco, CA

If a medical marijuana defense applies under the Compassionate Use Act or the Medical Marijuana Program Act (See Health & Safety Code, §§ 11362.5, 11362.775), the burden is on the defendant to produce sufficient evidence to raise a reasonable doubt that the conduct was lawful.


Additional Resources

California's Marijuana Laws and Penalties — Visit the website of the National Organization for the Reform of Marijuana Laws (NORML) to learn more about the penalties for marijuana, hemp and medical marijuana in the State of California. Find the offense type and the maximum and minimum statutory penalty allowed by law for possession for personal use with intent to distribute, sale or delivery, and trafficking. Find out more information about cultivation, hash and concentrates, paraphernalia and forfeiture. Also find information on the involvement of a minor in a drug offense, drug program fees, the drug dealer liability act, and loitering for drug activities.   


Finding an Attorney for Marijuana Crimes in San Francisco, CA

If you are charged with the simple possession of marijuana, then contact an experienced criminal defense attorney at Ticket Crushers in San Francisco, CA. We also represent clients on related charges for:

  • Simple Possession of Marijuana on School Grounds under Health & Safety Code § 11357(d), and

  • Simple Possession of Concentrated Cannabis under Health & Safety Code § 11357(a)

The attorneys at Ticket Crushers are proud members of the NORML National Legal Committee (NLC) and fight for the reform of marijuana laws throughout California and the United States. Call us today at 1 (866) 842-5384 for a consultation to discuss the specific facts of your case with an attorney experienced in fighting serious drug charges

Call 1 (866) 842-5384 today.


This article was last updated on Friday, January 13, 2017.

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