December 1, 2022

McKenzielee Blog

Wicked Clever House Experts

What Happens if I Get Caught With Marijuana in California?

9 min read

These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. Or to learn more about how we can help you if you have been charged with a minor in possession of marijuana or any other drug-related offense.

  • If you’re a school bus driver or driver for a ride-sharing company like Uber or Lyft, it is illegal to have or use marijuana under any circumstance.
  • The unauthorized possession of ½ ounce or more is a misdemeanor, except certain repeat offenders may be subject to felony penalties.
  • If a police officer finds you with 2.5 ounces or less, or 12 plants or less, when you’re between 18 and 20 years old, you’ll face a civil infraction.
  • These programs call for a defendant to complete specified requirements within a set time period pursuant to an agreement between the State Attorney’s Office and the accused.

Court must sentence the person to a term of imprisonment and probation. The conditions of probation must include performing community service. The unauthorized sale of marijuana is a felony, with specific penalties that vary based on certain factors such as the amount of the drug, where the act takes place, and whether the offender is drug-dependent. There are mandatory minimum prison terms in certain circumstances.

Riccio Law Can Help With Marijuana Charges

The law allows records to be sealed as soon as the involved state agencies are ready, but it is hard to predict how quickly they can set up the system. The state still has to establish the new industry’s rules and regulations and set up the Cannabis Control Authority, which will enforce those rules and regulations. Lawmakers eco sober house price delayed deciding on important questions about how to administer business licenses and whether local governments will have the power to prohibit retail marijuana stores from setting up shop in their jurisdiction. These decisions will be made over the next couple years before the legal market begins on January 1, 2024.

If you have been charged with possession, contact a lawyer immediately – this can help your case and help you get the minimum penalty if you are found guilty. Possession with intent to sell has the most serious penalties. If you are charged with intent to sell less than one kilogram of marijuana, you will face up to seven years in prison as well as fines. If you are found with more than one kilogram of marijuana and are charged with intent to sell, you could serve 5-20 years in prison and deal with serious fines. Amount of drugs found on a minor may have been sufficient for personal use only, not for distribution or sale. Therefore, we will argue that the amount was not consistent with an intent to distribute, but rather for personal use only.

Adults over 21 may possess up to one ounce of marijuana or five grams of concentrated cannabis, such as hash oil, legally. A person under 21 can be charged with underage marijuana possession. Because every situation is unique, it is impossible to predict what will happen in any given case. However, if law enforcement accused a minor of providing or selling drug paraphernalia but did not do so, a lawyer can help avoid penalties for paraphernalia possession. Depending on offense severity, a court may order minors to pay a fine ranging from $100 to $1,000, perform community service equal to that fine, or both.

what happens if you get caught with weed under 18

Your friend can be charged with furnishing tobacco products to someone underage, which is a misdemeanor of the second degree, punishable by imprisonment not to exceed 60 days and up to a $500 fine. You can be charged with possession, a noncriminal violation. You might be punished with 16 hours of community service or a $25 fine. In addition, you may also have to attend a school-approved anti-tobacco program. The charges and penalties go up when offenders are caught with more than 4 ounces of marijuana but less than 5 pounds of the substance.

Drug Counseling or Other Counseling

In Florida, possession of less than 20 grams of cannabis is a first degree misdemeanor, with penalties that include jail, probation, and a driver’s license revocation. Marijuana possession is a highly defendable charge, and an attorney is critical for avoiding the harsh consequences of a conviction. A prosecutor’s office might offer a juvenile a chance at diversion before heading into court. If offered, diversion typically comes with conditions the juvenile must abide by to have the charges dismissed. Conditions might include attending counseling, going to classes or school, completing community service, abstaining from drugs and alcohol, and obeying all laws.

  • Monetary transactions involving the sale or delivery of any amount of marijuana by someone who does not possess a state licensed permit is a misdemeanor punishable by up to six months in jail and a $500 fine.
  • For information concerning those offenses, check the California marijuana laws section of this website.
  • If you get caught with more than one ounce but less than one pound, you’ll have to pay up to a $25 civil penalty.
  • North Carolina’s juvenile justice system is focused on punishment as well as rehabilitation before adulthood.
  • When children and teenagers commit crimes, they are often unaware of the consequences of their actions.

The penalties in this case may include conviction on a state jail felony charge, a maximum fine of $10,000, and state jail time of 180 days or maximum of two years. In Massachusetts, possession of a small amount of marijuana is now legal; but there are still limits and restrictions on who can legally purchase and possess the drug. Currently, like alcohol, marijuana purchase, possession and use are restricted to those adults aged 21 and older. It is legal for any person over 21 to possess up to one ounce of marijuana for recreational use anywhere in the Commonwealth.

We’ve got a rundown of what you can – and can’t – do under Virginia’s new laws. Driving while under the influence of any drug, including marijuana, is illegal and punishable by law. All that said, the juvenile justice process is still very different than the criminal justice process. Juvenile courts have a much wider range of options when dealing with a juvenile offender than they would if the offender had been an adult.

Knowledge and control may not be inferred or based on mere presence or proximity. “Actual” possession means that the cannabis is in the hand of the person accused, or is in a container in the hand of a person, or is so close as to be within “ready reach,” and is under the control of the person accused. The defendant was a student at a cooking, food service, or restaurant management degree program. And he/she tastes alcohol under the supervision of an instructor. Diversion is a program offered to a minor in place of criminal action being taken against the minor.

Penalties for Possession of Marijuana

A first-time MIP conviction is automatically sealed as soon as the case ends in Colorado. Possibly, if the defendant participates in a diversion program or deferred judgment. This form is encrypted and protected by attorney-client confidentiality. Keep in mind that there is currently no legal way to purchase seeds or cuttings for home growth before January 1, 2024.

These programs call for a defendant to complete specified requirements within a set time period pursuant to an agreement between the State Attorney’s Office and the accused. If completed successfully, the State Attorney’s Office will drop the charges and the case is dismissed. The first angle of attack in a marijuana possession case is to challenge the legality of the search, detention, or traffic stop that led to the arrest or Notice to Appear. If appropriate in the case, this is done through the filing of a Motion to Suppress Evidence. Under Florida law, it is possible for two or more persons to be in “joint possession” of a substance, such as cannabis, if the premises where the contraband is found are occupied by multiple persons.. If a person has exclusive possession of a substance, such as cannabis, knowledge of its presence may be inferred or assumed.

For illicit narcotics, any minor caught in possession of a federally scheduled narcotic, regardless of circumstance, has committed a criminal offense and will be subject to criminal penalties and juvenile prosecution. Unlawful possession of illicit controlled substances by minors includes possession of alcohol and marijuana . Regardless of classification, it is universally illegal for minors to use, possess, obtain, manufacture or distribute any illegal controlled substance. Vehicles and other property may be seized for controlled substance violations.

Every state criminalizes driving under the influence of a controlled substance. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online. Possession of more than 28.5 grams is a misdemeanor punishable by up to 6 months imprisonment and/or a fine up to $500. If the offender was younger than 18 years of age, then the offense is a misdemeanor punishable by a fine up to $250 for the first offense and a fine up to $500 or commitment to a detention center for up to 10 days.

Colorado Criminal Laws A to Z Blog Posts:

If your misdemeanor is labeled as “aggravated” or “gross,” you could be facing more time in jail. If a minor is caught with marijuana in their possession while driving under the influence, it complicates matters. Because driving under the influence is a serious offense, a minor could face jail time even if only marijuana was in their system rather than alcohol. In rare cases, a court will order a juvenile into detention for drug possession.

what happens if you get caught with weed under 18

Cultivation of marijuana is illegal in Massachusetts, but there are exceptions. If drugs were discovered in a location where others had access to, and did not belong to a minor. Civil offense in Massachusetts, punishable by a $100 fine for first offense and an additional $50 fine for each subsequent offense. Even if a vehicle wasn’t involved in the offense, judges can often suspend or cancel a minor’s driver’s license until they reach 18. Needs to review the security of your connection before proceeding.

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If 5 years have lapsed since you completed your sentence from the last conviction and you have only one felony and/or two misdemeanor convictions on your record you may be eligible to seek expungement. The information you obtain at this site is not, nor is eco sober house boston it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship.

Whether this is your child’s first brush with the law, or is considered “troubled,” we will make sure he or she is treated fairly and that the juvenile’s rights are respected. Fine up to $500.00, 60 days of community service, 93 days incarceration and suspension of driver’s license for 1 to 7 years and 4 points added to Michigan Driving record. A marijuana possession charge against a Chicago-area teen is not as serious as it used to be.

This type of program removes the minor from prosecution before he/she must plead guilty or no contest. So long as the minor completes the terms of the diversion program, the minor will not be prosecuted and face the potential of a criminal record. This means that prosecutors do not need to prove what the defendant’s intent or mental state was at the time of the possession. Since marijuana is federally illegal, youth with marijuana charges may be denied financial aid to help pay for college. If you home grow, you must make sure your plants are not visible to the public or accessible to minors.

Many juvenile offenses can be expunged after a certain period, usually after probation, diversion or detention is completed. Until then, random drug testing, searches without warrants, electronic monitoring, and other restrictions may be placed on the individual for the duration. Here are three common scenarios involving alcohol, tobacco and drug paraphernalia that could put you, your friends or even your family in legal jeopardy.