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Possession, Cultivation, and Transportation

THE LAW: POSSESSION, CULTIVATION, and TRANSPORTATION

It's staggering that law enforcement in California regularly chooses to case a blind eye on the law. Medical Marijuana is legal is California. It's been legal in some form or another since 1996. That's over 15 years. Nevertheless, officers continue to arrest patients and the district attorney continues to charge them with crimes. If you have been wrongly accused of illegally possessing or selling marijuana, then please speak to one of our Orange County medical marijuana attorneys as soon as you can. We're here to represent your rights as a patient, so call now to get legal counsel that you can trust.

Patients need to be able to possess their medicine. Dispensary operators need to be able to cultivate and grow that medicine. Patients and operators need to be able to get this medicine to collectives, dispensaries, and associations. How are they supposed to be able to do that without transporting it? Nevertheless, local law enforcement continues to needlessly punish law-abiding citizens. Some of the provisions under which medical marijuana patients are commonly persecuted (and prosecuted) are below as stated in the CA Health and Safety Code :

11357 - POSSESSION OF MARIJUANA

(a) Except as authorized by law, every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a period of not more than one year or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment, or shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.

11358 - CULTIVATION OF MARIJUANA

Every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.

11359 - POSSESSION OF MARIJUANA FOR SALE

Every person who possesses for sale any marijuana, except as otherwise provided by law, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.

11360 - TRANSPORTATION OF MARIJUANA

(a) Except as otherwise provided by this section or as authorized by law, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any marijuana shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of two, three or four years. (b) Except as authorized by law, every person who gives away, offers to give away, transports, offers to transport, or attempts to transport not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, such person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his written promise to appear in court, as provided in Section 853.6 of the Penal Code, and shall not be subjected to booking.

If you are one of the people who have been arrested for marijuana in Orange County, then you should not hesitate to call the Orange County medical marijuana attorneys at Anthony Curiale and Associates, A Professional Corporation. We can assist you in fighting your charges.

Anthony Curiale and Associates, A Professional Corporation - Brea DUI Defense
Located at 265 S. Randolph Ave., Suite 105, Brea, California 92821 View Map

Phone: (714) 684-6922 | Local Phone: (714) 529-9376
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