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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Oakland Marijuana Possession Lawyer

In terms of simple possession of marijuana, Oakland prosecutors treat marijuana charges differently from other substance-related charges. That is because the laws surrounding marijuana continue to change in California and in Alameda County in Oakland. People who are simply in possession of marijuana in many cases would not be charged with a crime at all. If they are charged, it would tend to be a more serious charge, such as a felony. If an individual has been charged with a marijuana possession offense, they should seek the services of an Oakland marijuana possession lawyer who has experience handling possession cases. A determined drug possession attorney could mitigate the penalties that a person may face.

Can Someone Sell the Marijuana That They Are Legally Allowed to Possess?

There is nothing in the law, even with the recent changes, that allows someone to sell marijuana other than a lawful distributor or medicinal marijuana collectives. A person who has a legal basis to have marijuana for medicinal reasons may not turn around and sell that marijuana to someone else. There is no defense and/or excuse that a person has for lawful marijuana or a medicinal marijuana card. Even if someone has a marijuana card who is lawfully entitled to have or possess a small amount of marijuana due to the change of laws, a person could not sell it. It remains against the law to sell marijuana if the person is not lawfully entitled to do so. A person would be charged with a felony.

Likewise, transportation of marijuana in significant quantities, such as in a person’s car or boarding an airplane, would be prosecuted by law enforcement if the quantity is so significant that it exceeds what would be reasonable to possess for personal, medicinal use. Cases like that are charged on a regular basis for people transporting significant quantities of marijuana.

Defending Marijuana Possession Charges

Some aspects of defending marijuana possession cases are different from defending other drug cases. The main reason is more people are becoming aware of the multiple uses of marijuana, because of medicinal uses of marijuana. Therefore, when somebody is charged with possession for sale based on the quantity, an aggressive defense attorney would be able to establish that a particular person has a need for it. They have a basis to have what may be deemed to an excessive amount of marijuana, depending on how they package it and keep it for their own use. The mere fact that there is a large quantity does not automatically mean that it was possessed for sale. An Oakland marijuana possession lawyer could establish that the person being charged has a particular medical need or basis for having that marijuana.

The general public understands that the use of marijuana is changing as the laws change. People are more open-minded to the benefits and use of marijuana whereas, with other harder drugs, such as heroin and cocaine, there is no similar understanding or knowledge among the public that there are beneficial uses. The mere fact that there is a significant quantity of marijuana may not be the controlling factor for the prosecution if the defense is able to establish somebody’s need for that marijuana.

Long-Term Implications of a Marijuana Possession Offense

There are not any long-term implications of a marijuana possession charge. If it is a simple possession, there are few filings for simple possession of marijuana. The only charges on marijuana are felony charges for possession with the intent to sell or unlawful transportation or distribution of marijuana.

In California, the long-term consequences of a conviction can be remedied. A misdemeanor charge could be dismissed from someone’s record once they have completed probation and fully paid all their fines and fees. In some instances, the matter may be dismissed in its entirety and then an Oakland marijuana possession lawyer could submit a petition to seal the arrest.

Things to Keep in Mind When Facing Marijuana Possession Charges in Oakland

An Oakland marijuana possession lawyer could be an invaluable asset to those facing possession charges. Furthermore, a knowledgeable attorney could make sure that an individual is aware of the nuances of possession offenses. One of the things everyone should know about facing marijuana possession charges in Oakland include that it may not be enough to simply say that the person has a medical marijuana card. There is a common misconception that if somebody has the card they are immune from prosecution. That is not true. They could not only be charged with possession in some instances, they could also be charged with the more serious felony of possession with the intent to sell.

Having a medical marijuana card does not automatically entitle a person to transport significant quantities, even in the person’s own vehicle. If the person was stopped for a separate basis and a large quantity of marijuana is discovered in the person’s car, it would not be a sufficient defense to say that a person has a valid medical marijuana card. Likewise, it is never going to be a defense if a person is transporting significant quantities of marijuana via an airplane, whether leaving the state or staying within a state.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer