Prior to 2011, possession of under 28.5 grams, i.e., one ounce of marijuana was a misdemeanor punishable only by a fine of up to $100 plus assessments, usually totaling around $371. Now, possession of less than one ounce of marijuana is punishable as an infraction, which is a fine only offense. However, possession of under 28.5 grams of marijuana has vastly different consequences for a person over 21 years old than it does for an individual who is under the age of 21. A person under 21 years who is convicted of marijuana possession will lose their driver's license for a period of one (1) year following the conviction.
If you are under 21 years old and face a marijuana possession charge contact the San Francisco, Bay Area criminal defense attorneys at Ahmed & Sukaram, Attorneys at Law, for help in saving your driver's license. You may not have possessed marijuana (either actually or constructively), and may therefore be not guilty of the possession offense. Or, you may be eligible for a Deferred Entry of Judgment which defers the conviction and leads to an eventual dismissal of the case assuming that certain conditions are met.
If you are under the age of 18 at the time of your marijuana possession offense, you may be eligible to have your case dismissed if you participate in a drug education program and community service. The San Mateo County juvenile defense attorneys at Ahmed & Sukaram may be able to help you or your minor to obtain a complete dismissal of the charges against you.
Possession of More than 28.5 Grams
Possession of more than 28.5 grams of other than concentrated cannabis is a misdemeanor punishable by up to 6 months in the county jail and a $1,000 fine or both. A person facing a charge for possessing more than 28.5 grams of marijuana should consult a knowledgeable criminal defense lawyer at Ahmed & Sukaram to learn whether the evidence against them can be excluded based upon an unlawful search or seizure. In addition, the individual may be eligible for DEJ or a Proposition 36 treatment program to help them avoid the consequences of the conviction.
Possession of concentrated cannabis is a much more serious offense. Concentrated cannabis, commonly known as, hashish may charged and sentenced as either a felony or a misdemeanor, i.e., a "wobbler." As a misdemeanor, possession of hashish is punishable by up to one (1) year in the county jail and a $1,000 fine or both. As a felony, possession of hashish is punishable by confinement in the state prison for either 16 months, 2 years or 3 years. In addition, the court may impose up to a $10,000 fine against anyone convicted of felony possession of hashish.
Make Contact Today
If you have been charged with a marijuana possession offense and wish to avoid the adverse consequences of a conviction, contact the Oakland and Redwood City criminal attorneys at Ahmed & Sukaram for help. Ahmed & Sukaram, Attorneys at Law has helped clients across Bay Area counties avoid convictions, obtain dismissals of their charges, and saved their driver's licenses. We can help you too.