Codes

California is undoubtedly one of the most liberal states in America when it comes to the use of marijuana. Though certain possession charges only amount to an infraction under state law, California still considers it a serious offense to cultivate marijuana. Unless a person has a legal right to do so—such as is the case with medical marijuana users—the penalties for illegally cultivating the drug can be quite serious.

Defining Cultivation

California law is pretty specific when it comes to the cultivation of marijuana: it is a felony to grow marijuana. For this crime to be proven, an individual must have planted, cultivated, dried and processed marijuana. The penalties can vary significantly when a person is charged with this crime, depending on their intended use.

An individual who is simply growing marijuana for personal use is often eligible for a diversion program. An alternative to pleading guilty, a formal diversion creates an arrangement which would include programs based upon drug treatment rather than punishments; such as Prop 36 and drug courts. Dismissing of the charges might result from the agreement by the judge and prosecutor, or in some cases from the completion of certain programs.

For those who might regularly partake in this drug, one plant is often not enough to support that habit ; luring people to have several plants for just their private use. Unfortunately, police and prosecutors will often take the existence of numerous plants as evidence that a person intended to sell the drug, and this can lead to much more severe consequences.

Corresponding Bail Amounts

The potential penalties from cultivating marijuana are set forth by the state, but California does allow its counties to set their own bail amounts; this creates quite a variance from one part of the state to another. In Orange County, for instance, an individual may face a $20,000 bail amount if arrested for growing less than 25 lbs. of marijuana. However, this amount jumps to $50,000, if anything over twenty-five pounds are harvested.

In Los Angeles County, a person also faces $50,000 if cultivating over 25 lbs. If this amount is under one pound, however, bail is set at only $10,000. In Sacramento County, though, a person’s bail will be $10,000 for harvesting up to two pounds. All of those far surpass Santa Cruz County, however, which only sets bail at $2,500. Bail Hotline provides payment plans for posting your bond, at a mere fraction of the actual bail face amount.

Penalties for Cultivating Marijuana

The penalties for cultivating marijuana are amongst the most straight forward for any crime in California. Anyone convicted of this act can face up to three years in a California state penitentiary. As mentioned, a judge may consider a diversion program, but this is only in very specific circumstances.

It’s also important to point out that a judge may grant an individual probation, but this may still have its own dire consequences. If probation is granted, a person will likely remain on it for three years and may still have to serve an entire year in a California jail. This will also likely include hefty fines paid to the court and a probation officer, and could impact your current or future employment.

It’s true that California is one of the most accepting states in the Union when it comes to marijuana. This doesn’t mean, however, that an individual can do whatever they want with the drug. Cultivating the marijuana plant is a serious felony, and since there’s no definitive amount which constitutes “personal use,” an individual can face detrimental consequences even if they were actually growing it just for themselves.

The War on Drugs has long villainized the use of any substance that is considered illegal. While legal statutes are slowly evolving which decriminalize certain uses of marijuana, it’s important to note that federally, and even in California, it is usually illegal to use the substance. In fact, it’s illegal to even possess this drug without a legal right to do so; such as for prescribed medicinal purposes, in all of California. This is why it is important to clearly understand what is meant by the crime of personal possession of marijuana.

Who can be Charged with Personal Possession?

A personal possession of marijuana charge is one of the most straightforward charges that the state can bring against a person. The state simply has to prove that a person knowingly had possession of marijuana and that they knew that it was a drug. On top of these requirements, the state must also show that the amount of the drug possessed was sufficient to actually be used as a drug.

Luckily for many individuals, a small amount of residual marijuana isn’t likely enough to meet the aforementioned element of evidence. Residual amounts of marijuana only prove that a person used the drug previously; there must be enough of the drug left for it to still be used in the manner it was intended for a conviction to be attained.

Bail Amounts after Arrest

California sets forth the punishments related to personal possession of marijuana, but each individual county is able to set forth its own bail amounts which are defined within their bail bond schedules. These schedules have bail amounts listed for just about anything that a person could be charged with. Since each locality determines their own schedule, California’s county bail amounts vary widely.

In Sacramento County, the bail amount for personal possession of marijuana is set at a hefty $3,000. In Santa Cruz County, on the other hand, this amount drops to $1,000. An individual who manages to get arrested for possession in Los Angeles County, however, will only face a $500 bail amount; and this amount drops to only $35 if the amount possessed is less than 28.5 grams.

Penalties for Conviction

Due to a California law passed in early 2011, having less than one ounce of marijuana is considered an infraction and only punishable by a fine of $100. A person may face higher fines, however, and even jail time if they have possession of concentrated cannabis or they have these substances on school property during school hours.

Those convicted of having over an ounce of marijuana that is not concentrated cannabis will face up to six months in jail and a fine of up to $500. For those with concentrated cannabis, however, these penalties can become much more serious. A conviction of personally possessing concentrated cannabis can land a person in jail for up to a year if charged as a misdemeanor, and this term can jump up to three years if charged as a felony.

Personal possession of marijuana can lead to serious consequences for those convicted of the crime. This conviction can lead to long term repercussions from having a criminal conviction on one’s record, but it’s even possible for an individual to face serious prison time after their first conviction. This is why it is so essential for anyone charged with the crime to understand their rights and potential defenses. 

There aren’t likely many individuals in California who do not know that possessing drugs is a serious offense that can result in severe consequences. What many people may not know, however, is that simply possessing the items used for the consumption of certain drugs can be treated as a criminal offense. This crime is known as possession of drug paraphernalia, and if convicted, an individual may end up with a punishment viewed as excessive by many.

What is Possession of Drug Paraphernalia?

Drug paraphernalia involves any equipment, product, or material that is modified for making, using, or concealing drugs—typically for recreational purposes—and merely being in control of these items is a violation of California’s Health and Safety Code. The law strictly says that it’s illegal to possess drug paraphernalia, and it goes on to state that these types of items include anything used in the smoking or injecting of unlawful controlled substances. It should be noted that syringes used for medically prescribed purposes do not fall under this statute.

The prosecution must prove that a person had control over, or simply the right to control, the paraphernalia when arrested. In addition, it must be proven that the individual knew the item was drug paraphernalia and also knew that they had control over the item. Items used for marijuana use are exempted from this law and handled under other statutes.

Bail Amounts for Possessing Drug Paraphernalia

Though the State of California sets forth the punishments related to all crimes committed within its borders, it does allow individual counties to set forth their own bail amounts; each county lists these amounts in their bail schedule. Individuals who can either pay the face amount, or have Bail Hotline post the bond for a fraction of that cost, can be released from jail instead of waiting in custody for their court date.

The bail amounts for possessing drug paraphernalia can vary greatly. In Los Angeles, for instance, bail is set at $250 after a drug paraphernalia possession arrest. It’s important to note, however, that many bail schedules don’t even list a bail amount for possessing drug paraphernalia. This doesn’t mean, though, that there is no set measure. In Orange County, for instance, the bail schedule states that any misdemeanor charge that isn’t listed will have a bail amount of $500.

Punishments for Drug Paraphernalia Possession

The potential repercussions for a conviction of this magnitude are pretty straightforward. Those who are convicted are guilty of a misdemeanor and subject to up to six months in jail. In addition to this, a person may also face a $1,000 fine for their possession of these particular items. Many think this is a bit excessive for merely having certain equipment, but these punishments have long been set forth by the state.

In addition, individuals with California professional licenses, such as a teaching license, may be put on automatic leave until the situation has been resolved. This means that an individual in this position could face the loss of their job in addition to the aforementioned penalties.

While the punishments for possessing drug paraphernalia may seem excessive to some, this doesn’t mean that the California criminal justice system is going to go easy on a person convicted of the crime. Anyone facing these types of charges has a few important decisions to make, and an individual who gets help from an attorney is much more likely to have a good outcome from their case.