Possession of Marijuana

It is unlawful to possess more than 28.5 grams of cannabis or more than 8 grams of concentrated cannabis or both.

What is the mental state required under Health and Safety Code 11357 HSC?

The mental state required under Health and Safety Code is knowingly. Knowing is the conscious understanding of the circumstances and nature of your act; and being aware of the natural and probable consequences of all actions that derive from its completion. In the application of Health and Safety Code 11357 HSC, the person must be consciously aware of possessing more than 28.5 grams of cannabis, or more than 8 grams of cannabis. And the act of possessing it is unlawful, and that they understand the natural and probable consequences that result or may result from the possession.

What is the difference between cannabis & concentrated cannabis under HSC 11357?

Cannabis, as defined under Health and Safety Code 11357 is all parts of the Cannabis Sativa L. plant from seed, root, stalk, leaf to calyx. The plant itself to qualify must contain the chemical cannabinoids. These are the testosterone induced chemicals extracted from the glands of the cannabis plant from the glandular trichomes. These trichomes produce Tetrahydrocannabinol (THC)- the main psychoactive portion of the chemical deriving from the acidic form Tetrahydrocannabinol Acid (THCA). If you curate the chemical compound THC with age, heat and time, and compression you derive a more stable medicinal, pharmacology compound called Cannabidiol (CBD). Other pharmacologically derived compounds under review, testing and treatment are Tetrahydrocannabivarin (THCV), Cannabinol (CBN), Cannabigerol (CGB) and Cannabichromene (CBC).

The concentrated cannabis is the resin, or crude that is refined or distilled from the portions of the physical plant to create other products for consumption: but still contain the same referenced chemicals derived from the glandular trichomes. Hash, moon rocks, oils, kief, edibles, dabs are some of the examples referenced to as concentrates.

What is the definition of ‘Possession’ under HSC 11357?

Possession can be actual or constructive. Possession itself is the ability to acquire or contain an object. Actual possession is all possession that is physical by a person with grip, palm as an indication of dexterity. Constructive possession is that indicating the ability to contain at will by authorization or reach. Authorization as a form of constructive possession is directing others to acquire the object or creating plans or schemes needed to result with the possession of the object: employment settings or designations of leadership or common examples that induce others to acquire possession for another.

Health and Safety Code 11357 HSC – Sentencing 

A violation of Health and Safety Code 11357 HSC is charged as an infraction or misdemeanor. If the person charged is under 18 years of age the violation is charged as an infraction; a first violation results with 4 hours of drug counseling and 10 hours of community service; a second violation results with 6 hours of drug counseling and up to 20 hours of community service.

If the person is under 21 years of age but older than 18 years of age the violation is charged as a violation with fines not exceeding $100 dollars. But if the possession is with a person who is 18 years of age of less and exceeds 28.5 grams of cannabis or 8 grams of concentrate, the offense is still charged as an infraction; but the first offense is 8 hours of drug counseling and 40 hours of community service; a second offense is 10 hours of drug counseling and 60 hours of community service.

If the person is 18 years of age or older, and possesses more than 28.5 grams of cannabis, or 8 grams of concentrate the violation will be charged with a misdemeanor. Penalties included confinement not exceeding 6 months in jail, with fines not exceeding $500 dollars.

If the possession is under 28.5 grams of cannabis or 8 grams of concentration, by a person 18 years of age or younger, but on the grounds of a designated area for school during school hours, the penalty is chargeable as a misdemeanor with confinement not exceeding 6 months; with fines not exceeding $250 dollars for the first offense; fines not exceeding $500 dollars for the second offense.

What is an example of a violation of Health and Safety Code 11357 HSC?

• Sara went to the dispensary in LA to buy medicinal marijuana. Her friend was the owner. Sara really wanted to get medicated. It was her day off from work as a bud trimmer. With $10,000 dollars in her hand, she purchased as much medicinal marijuana she could afford. Sara bought 3 pounds of marijuana, 20 female plants and 10 grams of dabs. The weight and descriptions of the medicine she purchased were labeled on the bags, and key tags on the female plants. Sara drove an SUV, so placing all her purchases inside the SUV was not a problem. On the way home an officer stopped Sara for running a red light. The officer did waive the traffic violation but arrested her for violating the prevailing Statute.

Health and Safety Code 11357 HSC – Defending 

• Duress
• Diminished Capacity
• Lack Probable Cause
• Mistake in Law
• Lack of Possession
• Lack of intent to sell

Possession of Marijuana – Hire Us 

If you are charged with a violation of Health and Safety Code 11357 HSC, call Law Mart today.