Beverly Hills Marijuana Offenses

Many of the legal restrictions pertaining to marijuana previously applicable in California have been relaxed in recent years, so much so that many people are under the false assumption that marijuana use, possession and sale is completely legal. However, just like how someone can face stiff penalties for committing various Beverly Hills drug crimes, there are a litany of frequently-charged Beverly Hills marijuana offenses that can result in serious consequences for those convicted. Commonly charged marijuana-related offenses in Beverly Hills include the following:

1. Possession of Marijuana in excess of 28.5 grams in Beverly Hills - California Health and Safety Code Section 11357(c) H&S
2. Beverly Hills Possession of Marijuana of 28.5 grams or less - California Health and Safety Code Section 11357(b) H&S
3. Beverly Hills Possession of Marijuana for Sale - California Health and Safety Code Section 11359 H&S
4. Sale or Transportation of Marijuana in Beverly Hills - California Health and Safety Code Section 11360(a) H&S
5. Beverly Hills Furnishing Marijuana - California Health and Safety Code Section 11360(b) H&S
6. Furnishing Marijuana to a Minor over 14 in Beverly Hills - California Health and Safety Code Section 11361(b) H&S
7. Beverly Hills Cultivating Marijuana - California Health and Safety Code Section 11358 H&S
8. Beverly Hills Use of a Minor to Sell or Transport Marijuana - California Health and Safety Code Section 11361(a) H&S
9. Possession of Marijuana of 28.5 grams or less on School Grounds in Beverly Hills - California Health and Safety Code Section 11357(d) H&S
10. Beverly Hills Possession of Marijuana in excess of 28.5 grams on School Ground - California Health and Safety Code Section 11357(e) H&S
11. Beverly Hills Cultivation of Peyote - California Health and Safety Code Section 11363 H&S
12. Beverly Hills Possession of an Opium Pipe, Smoking Device or Injection Device - California Health and Safety Code Section 11364(a) H&S
13. Possession of a Counterfeit Controlled Substance Prescription Pad in Beverly Hills - California Health and Safety Code Section 11362.6(b) H&S
14. Attempt to Obtain a Controlled Substance Form by False Pretenses in Beverly Hills - California Health and Safety Code Section 11362.6(c) H&S
15. Beverly Hills Medical Marijuana (Fraudulent Access) - California Health and Safety Code Section 11362.81 H&S

People accused of possessing less than an ounce (28.5 grams) of marijuana can be charged with an infraction punishable by a $100 fine. If the defendant is caught in possession of more than 28.5 grams of marijuana, misdemeanor charges would be applicable that could result in up to six month in jail. However, many of those charged with this offense may be eligible for a Proposition 36 diversion program that would allow the defendant to avoid a criminal conviction if he or she completes treatment.

When someone is accused of possession of marijuana for sale in Beverly Hills he or she faces significantly more severe penalties under California Health and Safety Code Section 11359 H&S. Possession for sale is a felony and those convicted can face prison sentences. In Beverly Hills, a possession for sale case can be proven in a number of different ways. Sometimes, law enforcement can catch defendants in the act via sting operations and the use of undercover operatives. In other cases, prosecutors must prove possession for sale with circumstantial evidence, usually shown by the presence of scales, baggies, ledgers and other indicia of marijuana sales. Someone convicted of possessing marijuana for sale can face up to four years in prison. If the defendant only transported the marijuana, or gave it away for free, he or she could be charged with a misdemeanor.

The legal landscape in California regarding marijuana offenses changed drastically in 1996 after Proposition 215 was passed by the voters. Under Proposition 215, which was codified into law as California Health and Safety Code Section 11362.5 H&S, people with valid prescriptions can grow, possess and use limited amounts of marijuana. However, this marijuana cannot be sold or given away to someone who is not authorized.

Although marijuana possession and use is legal in some situations, it is always a crime to drive while under the influence of drugs in Beverly Hills. This would include driving under the influence of marijuana. There has been an increase in the number of Drug Recognition Enforcement (“DRE”) officers available in the Beverly Hills area. DRE officers have received special training on the recognition of drug intoxication. Blood testing of those suspected of driving under the influence of drugs may come back positive for marijuana, in which case the defendant could be charged with DUI pursuant to California Vehicle Code Section 23152(a) VC . Unlike DUI offenses involving alcohol, the California DMV would not administratively suspend driving privileges for those discovered to be driving while under the influence of marijuana, however any resulting court conviction for DUI would include a license suspension.

If you have been charged with a marijuana offense in Beverly Hills, it is critical that you speak with a Beverly Hills Criminal Defense Attorney right away. Beverly Hills Criminal Defense Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who has significant experience in defending marijuana cases. Mr. Kraut works hard to ensure the best possible outcome for his clients.

For more information about Beverly Hills marijuana crimes, and to schedule your free consultation, contact Beverly Hills Criminal Defense Attorney Michael Kraut at the Kraut Law Group Criminal & DUI Lawyers, Inc. located at 8484 Wilshire Boulevard, Suite 660B, Beverly Hills, CA 90211-3220. Mr. Kraut can be reached 24/7 at (323) 464-6453 or (424) 457-0899.