Marijuana Crimes Lawyers

Prescription Marijuana

Our law firm’s criminal defense attorneys will defend you against your possession of marijuana charge and determine your eligibility for relief under Prop 36 and under PC 1000.

At Gupta & Trujillo, our dedicated criminal defense lawyers can help you through your marijuana crimes throughout Southern California, including Orange County, Los Angeles, Riverside, the Inland Empire and San Diego.  Contact our office for a free consultation.

Unlike other states, California creates a distinction between medical marijuana use and recreational marijuana use.  At Gupta & Trujillo, we can assist you if you are charged with a marijuana crime for either medical marijuana or recreational use.

California Medical Marijuana Laws

Under California Health and Safety Code 11362.5, medical patients and their designated primary caregivers may legally possess and cultivate marijuana based on a physician’s recommendation or approval. However, a recommendation or approval does not entiltle medical patients or their designated primary caregivers to distribute or sell marijuana. 

California Marijuana Laws

In California, it is still illegal to:

  • Possess marijuana for recreational use;
  • Be under the influence of marijuana;
  • Plant, cultivate, harvest, dry or process marijuana;
  • Possess a device, contrivance, instrument, or paraphernalia used for unlawfully smoking marijuana;
  • Drive under the influence of marijuana;
  • Transport marijuana; or
  • Sell marijuana.

Effective January 1, 2011, California Health and Safety Code section 11357b establishes that any person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, may be found guilty of an infraction punishable by a fine of not more than one hundred dollars ($100).  Under California Health and Safety Code section 11357c, if you are found in possession of a larger amount of marijuana, you may be found guilty of a misdemeanor punishable by up to six months in jail and a fine of five hundred dollars ($500) 

The cultivation, sale or transportation of marijuana can amount to serious felonies in California leading to imprisonment in a state prison. Please contact Gupta & Trujillo for a better understanding of your rights under California’s marijuana laws.

NOTE: Successful completion of a court approved drug treatment program can eliminate your drug conviction from your record.

At Gupta & Trujillo, we can assist you in exercising your rights under Proposition 36. We can assist first-time and second- time, non-violent, simple possession of marijuana offenders in demanding treatment programs instead of incarceration. We can assist you in avoiding your conviction all together by making a preguilty plea under PC 1000.

NOTE:  Any person subject to an arrest or conviction for the sale, cultivation, or transportation of marijuana may apply to the Department of Justice for the destruction of their conviction record if two or more years have passed since the date of the conviction.  

Federal Marijuana Laws

The federal government regulates the use of marijuana through the Controlled Substances Act. Unlike California's medical marijuana laws, the Controlled Substances Act does not allow the use of marijuana for medical purposes. Generally, federal charges may be applied to a marijuana crime if the person possessed, cultivated, or distributed large quantities of marijuana and/or is suspected of commercial distribution of marijuana.  

Law Offices of Ramon Trujillo assists clients with Immigration and Criminal Defense in Orange, Irvine, Villa Park, Santa Ana, Anaheim, Tustin, Placentia, Garden Grove, Fullerton, Yorba Linda, Brea, Stanton, Fountain Valley, Midway City, Costa Mesa, Westminster and throughout all of Orange County, Los Angeles County, Riverside County, the Inland Empire, and San Diego County.

© 2024 Law Offices of Ramon Trujillo | Disclaimer
500 North State College Blvd. , Suite 1100, Orange, CA 92868
| Phone: 800-846-0935


FacebookTwitterBlog RSS