On January 1, 2018, recreational marijuana becomes legal. That means that you do not need a prescription to purchase it, nor will it be against the law. However, that does not mean that there are no restrictions on it’s use. Marijuana will be restricted just like any other similar substance,…
When a person has been stopped for the suspicion of driving under the influence, it is easier for the government to prove when the influence is of alcohol versus another drug such as marijuana. When the person driving is under the influence of alcohol, a simple breathalyzer will detect the…
\Many of our clients make the mistake of assuming that because they have not had a single alcoholic drink, but have only smoked marijuana, they are immune from being arrested for driving under the influence. This is absolutely not true. California Vehicle code §23152 and 23153, specifically state that “It…
When you have been arrested on the suspicion of driving under the influence, you are only being charged with the potential of having committed an offense. This does not mean you are convicted. Before you can be convicted, the government must prove that you are guilty beyond a reasonable doubt,…
California Vehicle Code §23152(a) explicitly states that it is unlawful for a person for a person to be under the influence of any alcohol or drug, or the combined influence, to drive a vehicle. Many clients mistakenly believe that because they have had nothing to drink, they cannot be arrested…
California Health and Safety Code §11350 makes it unlawful for any person to be in possession of a controlled substance. Controlled substances are those listed under California Health and Safety Code §§ 11054 and 11055. These sections include the majority of common recreational or “street” drugs like heroin, cocaine, methamphetamines,…
California Health and Safety Code §11359 makes it unlawful to “possess for sale, any marijuana, except as otherwise provided by law”. The section is exclusively for possession for sale of marijuana, all other controlled substances and narcotics are regulated by California Health and Safety Code § 11351. There is no…
Plea Bargaining is a useful tool in many different criminal cases. A plea bargain is essentially an offer made by prosecution. If you agree to plead guilty prosecution will agree to give you a lesser charge and consequently a lesser penalty. In drug possession cases, plea bargaining can have beneficial…
California Health and Safety code §11357 makes it illegal to have marijuana in a person’s possession. The only exception to this law is if someone holds a valid medical marijuana prescription. A prescription is available to those who are determined to be qualified by a licensed physician.sIt allows for holders…
The amount of drugs found in possession of a person in combination of the type of drug will determine the potential sentencing range and the relevant section of the California Health and Safety Code. Consequently, it will determine whether a person is charged with an infraction, misdemeanor or felony.s In…