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There have been many changes to Marijuana laws over the past year.  Many people even Attorneys have had a hard time keeping up.  Many people even Attornys make the mistake of thinking the Marijuana laws relate to smoking Marijuana.  However, most of the law of Marijuana if not all of them relate to possession or the amount of the possesion.  

POSSESION OF A SMALL AMOUNT OF MARIJUANA

Possession of 28.5 grams of Marijuana if you are over the age of 21 is legal.  Meaning you cannot be given a fine or imprisonment.  

Where this could get tricky is say you are at a concert and smoking marijuana but have only 1 joint on you?

This is not legal advice, every case is different.  However, under the statute as it stands to posses less than 28 grams if you are an adult is not illegal to possess les than 28.5 grams there could be city statutes and other statutes that deal with smoking marijuan in public so don't lite up in public unles you have spoken to an Attorney regarding your legal rights.  

IF YOU  ARE UNDER THE AGE OF 21 

If you are under the age of 21 and you have less than 28.5 grams of Marijuana then it is an infraction and you can later have the infraction expunged from your record at a later point you will also have to pay a $100.00 fine. 

Part of the reason for the changes in the law is to de criminalize certain what the legislature considers low level recreational drugs.  The reason is that a criminal conviction for these types of offenses can have a huge impact on someones ability to get a job and to get certain rental properties loans etc.  Once you have an infraction it is not a misdemeanor and you can still even though the crime is not a misdemeanor have the offense expunged from your record.  

It is still illegal to possess Marijuana with intent to sell.

Misdemeanor (max 6 months in jail and / or $500.00 fine)  however if you possessed with intent to share Marijuana this is a different and is a defense of course depending on the facts of your case you could have a valid defense if your only intent was to give or deliever someone marijuana.  

This of course is depending on the circumstances. did you have pay owe sheets or other indicia of sales rather than intending to give someone marijuana. If you have questions give us a call at 559 441-1418. 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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