Category Archives for Drugs

Planting Marijuana

Planting Marijuana

Planting marijuana covers a bit more than just the actual planting of marijuana. This law covers planting, cultivating, harvesting, drying, or processing. Legally to be charged with this crime you have to fulfill 2 conditions. 1. That you unlawfully planted, cultivated,harvested,dried,or processed one or more marijuana plants. and 2. That you knew that you planted, cultivated, harvested, dried, or processed marijuana. So what part of the marijuana are we talking about. This law covers most parts of the Cannabis Sativa L. plant. This covers growing or not, which can include the seeds and resin from the plant. The few parts that aren’t cover includes the stalk, fiber from stalk. The oil or cake made from the seeds. Compounds made from the mature stalk except for the resin are also exceptions. And lastly it includes the sterilized seed of the plant which cannot germinate. In short this means anything that can be used for drug use or planting is illegal. The only times you can legally have marijuana is through evidence that shows you can use it for medicinal purposes. Or if you are a primary caregiver for someone who uses it for medical purposes. The definition for a “primary caregiver” is someone who has consistently assumed responsibility for the housing,health, safety of a patient who can use the marijuana. However just because you have a medical license does not mean you can be planting marijuana to your liking. The amount of marijuana possessed must be reasonably related to the patient’s current medical needs.

Punishments for Planting Marijuanaplanting marijuana

Planting Marijuana is a felony. You could see up to 3 years in jail for this offense. However if this is your first or second offense. And that the charges were only for possession or planting you are eligible for drug treatment instead. This is also known as the drug diversion program.

If you or someone you know was charged with planting marijuana, have an attorney come represent you.

Possessing Drug Paraphernalia

Possessing Drug Paraphernalia

Doing drugs and the methods of doing them is all up to you. However you may get the cops called on you if a person sees them on your windowsill or if a passerby sees some bongs on your table when your door is open. Drug paraphernaliaPossessing Drug Paraphernalia is not only limited to bongs, it can include other items such as syringes or herb grinders. Having any of them will get you in trouble with the law. In order to be charged with Possessing Drug Paraphernalia, the people have to prove 3 things. 1. that you unlawfully possessed an object that can be used to inject or consume a controlled substance. 2. that you knew of its presence. and 3. that you knew that the object can be used to unlawfully inject or consume drugs. Although the conditions sounds simple its a bit deeper than you think. Possession doesn’t mean you actually have to hold or touch it to own it. You can have it in your room or you can own it through someone else such as your friend who keeps all of them for kickbacks. A type of paraphernalia that can be legally owned If you have legal authorization to own them due to legal reasons such as personal use (ie. a doctor’s prescription), and that you obtained them from an authorized source are syringe needles. However you are only allowed to own 10 syringe needles.

Punishments for Possessing Drug Paraphernalia

Possessing Drug Paraphernalia is a misdemeanor. That means you could see up to 6 months in jail and up to a $1,000 fine. However if you have a professional license such as teacher or a medical professional you can have your license suspended or revoked. However if you were charged with this crime, you are eligible for a drug diversion program which will take this off your record and dismiss your charges.

California Marijuana Laws

California Marijuana Laws

California is one of the 12 states that legalized marijuana for medical use. However the actual use outside of medical purposesmarijuana is still illegal in California. And the act of selling or even holding the marijuana for selling is still a serious crime. Also some crimes such as cultivating or possession allows for drug diversion programs.

Possession

 

Possessing marijuana for personal use is a crime. If you have it but weighs less than 28.35 grams (about an ounce) it is just an infraction. That comes with a $100 fine with no jail time. If you have more than 28.35 grams for personal use then you are in for a misdemeanor with 6 months in jail and up to a $500 fine. The crimes that fall under this include holding more than said amount. Possessing marijuana on school grounds (kindergarten through high school). Or Possessing concentrated cannabis. If you are 18 or older on school campus then it is a misdemeanor with 10 days in jail and a $500 fine. If you were under 18 on school grounds its a $250 fine. A second time is 10 day in juvenile detention and a $500 fine. If you own concentrated cannabis then it can be either a misdemeanor or a felony. as a misdemeanor it can be up to a year in jail with a $500 fine or up to 3 years in jail.

Cultivating Marijuana

Unless you are a legal medical marijuana patient, or a caregiver. It is illegal to handle marijuana plants. This can include planting, cultivating, harvesting, drying or processing. It is a straight felony. For a first offense you can see up to 3 years in jail.

Possession to sell

Some signs that shows intent to sell include. A large amount of marijuana. Baggies and scales. Pot divided into multiple sections. Cash or weapons and the officer’s opinion. It is a felony that comes with up to 3 years in jail.

Selling/Transporting

Less than an ounce is punished by a $100 fine. Anything else is a felony that is punishable by up to 3 year sin jail. If sold to a minor under 14 then you can see 7 years in prison. If over 14 but under 18 then it is 5 years.

If you were charged with a marijuana drug law, come see a lawyer. Its crucial to know what happens to you and what you can do.

Ecstasy CA Drug Laws

Ecstasy

Ecstasy. Also known as X, E, and XTC is popular controlled substance. A controlled substance means that its use, possession, and production are regulated under the government by the United States Controlled Substances Act. Ecstasy is categorized under a Schedule I Drugecstasy. What this means is that Ecstasy has 1. a high potential for abuse and 2. that it has no currently accepted medical use in the US. Its most common forms come in tablets but sometimes comes as powder. Sometimes ecstasy tablets also include other drugs such as cocaine, meth, and heroine. Its most popularly used as a “club drug” to enhance an experience at clubs/raves. This is because ecstasy acts as a hallucinogen and a stimulant. It gives a person energy and increases their sensation sensitivity. It takes about 20 to 40 minutes for the drug to take effect. The drug peaks at about an hour to an hour and a half and the drug usually finishes after about 3 to 5 hours.

California Drug Laws for Ecstasy

personal possession can be a misdemeanor or a felony depending on the facts of the case and your criminal history. you can see up to a year in jail and up to a $1,000 fine. as a felony you can see 3 years in prison and up to a $10,000 fine. However drug diversion is available which allows you to avoid jail/prison time. Finishing it dismisses charges.

Possession for sale is a felony. Up to 3 year sin prison and up to a $10,000 fine. Because it is a sale crime, the punishment is a straight felony and there is no drug diversion program available. However a plea can bring it down to personal possession instead of sale could allow drug diversion.

Transportation and Sale of ecstasy is a felony. Importing, producing, selling, or giving away the drug are all fall under this. This is a felony which includes up to 4 years in prison or 9 if you got across two county lines. This also comes with up to a $10,000 fine.

If you or a loved one was charged with an ecstasy drug law, come see an attorney. Its important to know what you can do.

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