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I Was Caught With Marijuana in San Diego. What Do I Do? - H&S Code § 11357; V.C. § 23222

By Walin & Klarich

If you were cited or arrested for possession of marijuana in San Diego it is important to know the consequences you may be facing.In January 2011, the penalty for possession of up to an ounce of marijuana was changed from a misdemeanor to an infraction, meaning a possible fine of up to $100.00 (H&S Code § 11357; V.C. § 23222.). This means that you cannot face jail time for a first offense.? However, possession of any amount greater than 28.5 grams can still result in a misdemeanor conviction resulting in a maximum sentence of six months in jail and a five hundred dollar fine (H&S Code § 11357).For you to be convicted of possession of more than 28.5 grams of marijuana, the prosecution must prove that: You unlawfully possessed a controlled substance; You ?knew of its presence; You ?knew of the substance?s nature and or character as a controlled substance; The controlled substance was marijuana; and The marijuana possessed by you weighed more than 28...continue to full post

Full post as published by Southern California Criminal Defense Blog on January 24, 2011 (boomark / email).