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If you or a loved one has questions or concerns about Marijuana Laws and the changes that have taken place with these laws dont hesitate to give us a a call at 559 441-1418.  As an Attorney with almost twenty years of experience and having handled over one thousand cases in Fresno County alone I have the experience to get you through this.  

 

There have been many changes to Marijuana laws in Calfornia over the past few years, with major legislation aimed at lessining the penalties for Marijuana possession.  Below I will outline the changes to the law, how the new laws affect minors and what to do if you are given a ticket for Marijuana.  

 

One thing I want to deal with up front is that although the penalties have been lessened for possesion you cannot legally sell Marijuana and you cannot legally smoke while driving or even have your Marijuana in a vehicle without it being in a properly sealed baggie or container.  If you are smoking while driving or have the Marijuana unsecured you can be arrested or ticketed and have your car searched.  

 

11357 is the statute dealing with Marijuan Possession

Marijuana under this statute is still illegal to possess, however the law makes an exception if the amount is less than an ounce for a person over the age of 21.  The law allows for one 28.5 grams of Marijuana or concentrated (hassish) 

Possesing more than this amount or on k -12 school ground or possession while under the age of 21 are all prohiblted.  

MINORS

Minors under the age of eighteen who are in violation of this statute will be given an infraction ticket and made to attend a drug awareness class before the case can be dismissed. This will save the minor from having a criminal record for possesion of Marijuana and give them an oppurtunity to clear there record.  Without long term consequences to there lives.  

persons between the age of 18-21 will be given an infraction.  For a first offense for being in violation of the law.  

 

In short you must be 21 years of age and have less than an ounce of Marijuana or concentrated cannibas.  If you are younger than 21 you cannot posses Marijuana however, if caught you would be liable only for an Infraction offense.  

 

Search and Seizure law

There have been cases and Judges looking mostly into how this affects searches of vehicles.  You are not allowed to smoke Marijuana while driving and if you are smoking while driving you are subject to arrest if you were impaired and your vehicle could be searched as part of that arrest if the arrest occurs.  However just having weed in your vehicle may not be enough if it is in a small amount and not being smoked and properly stored then it is not illegal to posses and therefore, should not lead to a search of your vehicle.

I have seen some cases coming down where the person was smoking or posssesing small amounts of Marijuana on school grounds say you are a teacher you cannot keep a small amount of Marijuana in your purse of locker or briefcase, this is illegal if you are at a school that teaches k-12.  I would not suggest even posssesing at your childrens school events or when you have children in the vehicle many times when pulled over the officer can smell the Marijuana and will investigate further and if you have children in the vehicle it could end up in a bigger problem.  Again nothing  I say in a blog post is meant to be legal advice and you should seek legal advice as to specific progblems.  

 

 

 

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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