near me
Health And Safety Code 11362.3 | Marijuana Law California

CALIFORNIA HEALTH AND SAFETY CODE 11362.3 – MARIJUANA LAW

California Health and Safety Code 11362.3 HS clearly states that using marijuana in public spaces or having an open container of it in a vehicle is against the law. Even though adults can now legally use recreational cannabis, there are still restrictions outlined in this regulation. It is considered an infraction to have an open container or package of cannabis or cannabis products while you’re driving, operating a vehicle, or even sitting in the passenger seat or compartment of a car, boat, aircraft, or any other type of transportation. This rule applies to both the driver and the passengers.

In California, adults aged 21 and older can now lawfully possess up to 28.5 grams of marijuana for their personal use. However, according to California Health & Safety Code 11362.3 HS, individuals are prohibited from engaging in the following seven activities:

  • Consuming Marijuana Publicly: It’s against the law to smoke or ingest marijuana in public places.
  • Non-Smoking Areas: Smoking marijuana is not permitted in areas designated as non-smoking zones.
  • Proximity to Certain Locations: Within a radius of 1,000 feet from schools, day care centers, or youth centers while children are present, smoking marijuana is prohibited.
  • Open Containers in Vehicles: Having an open container of marijuana in a motor vehicle, aircraft, or water vessel is not allowed.
  • School, Day Care, or Youth Center Grounds: Consuming marijuana by smoking or ingesting it on the premises of a school, day care center, or youth center while children are present is prohibited.
  • Concentrated Cannabis Production: Creating concentrated cannabis using volatile solvents is not permitted.
  • Using Marijuana While Operating Vehicles: It is illegal to smoke or ingest marijuana while driving a motor vehicle, aircraft, or water vessel, or while being a passenger in one.
See also  DRUG POSSESSION VS DRUG TRAFFICKING LOS ANGELES CALIFORNIA

Understanding the elements of the offense, potential penalties, immigration consequences, and available defenses can help individuals make informed decisions and protect their rights within the confines of the law.

ELEMENTS

To understand and apply California Health and Safety Code 11362.3 HS correctly, it’s crucial to be aware of the key elements that constitute the offense. The elements of the crime may include:

  • Unauthorized Possession: Possession of marijuana in amounts exceeding legal limits or without a valid medical recommendation.
  • Cultivation Violations: Cultivating marijuana plants beyond the permissible limit or without proper authorization.
  • Distribution and Sales: Engaging in the sale or distribution of marijuana without adhering to the state’s regulatory guidelines.
  • Transportation Offenses: Transporting marijuana across state lines, or within the state without complying with state laws.

EXAMPLE

Example 1: John possesses more marijuana than legally allowed under California law. If the quantity exceeds the legal limit, he could be charged with a marijuana offense under this code.

Example 2: Sarah is cultivating marijuana plants in her backyard without obtaining the required permits. Her actions could lead to charges under the code.

Example 3: Mark is selling marijuana to individuals without verifying their age or complying with the state’s cannabis retail regulations. He could face penalties outlined in the code.

WHAT ARE THE RELATED CRIMES?

California Health and Safety Code 11362.3 HS intersects with several related crimes, including:

  • Federal Drug Offenses: Despite California’s state-level legalization, marijuana remains illegal under federal law. This can lead to federal drug charges in certain cases.
  • Possession of Controlled Substances: If an individual possesses substances classified as controlled substances under federal law, they may face charges unrelated to the marijuana code.
  • Driving Under the Influence (DUI): Driving while impaired by marijuana is a separate offense that can result in DUI charges.
See also  CALIFORNIA POSSESSION OF A CONTROLLED SUBSTANCE - HEALTH AND SAFETY CODE 11350

PENALTIES FOR HEALTH AND SAFETY CODE 11362.3

The penalties for violating California Health and Safety Code 11362.3 HS can vary based on the nature and severity of the offense. These penalties may include:

  • Fines: Convictions can lead to substantial fines that can vary based on factors such as the quantity of marijuana involved and the defendant’s criminal history.
  • Probation: In certain cases, probation may be granted instead of jail time, requiring the defendant to adhere to specific conditions.
  • Jail Time: Depending on the offense, individuals could face imprisonment. The length of the sentence depends on the specific circumstances and the judge’s discretion.

IMMIGRATION CONSEQUENCES

It’s important to note that marijuana-related offenses can have significant implications for non-U.S. citizens, including lawful permanent residents and visa holders. Even though California has legalized marijuana, federal immigration law considers marijuana offenses as grounds for deportation, denial of admission, or other immigration-related consequences. Our firm can refer you to an excellent immigration attorney, if necessary.

DEFENSES

When facing charges under California Health and Safety Code 11362.3 HS, several defenses can be explored, such as:

  • Medical Necessity: If an individual possesses or uses marijuana for medical reasons and has a valid recommendation, this can serve as a defense.
  • Lack of Knowledge: Claiming ignorance of the law or lack of awareness about the marijuana’s presence can sometimes be used as a defense.
  • Invalid Search and Seizure: If evidence was obtained unlawfully or without a proper warrant, it may be challenged in court.

HIRE DRUG CRIME DEFENSE LAWYER

Given the complexities of the legal system and the potential consequences of marijuana offenses under California Health and Safety Code 11362.3 HS, it’s highly advisable to seek legal representation. A skilled criminal defense lawyer with expertise in cannabis law can provide invaluable assistance in understanding the charges, building a strong defense, and navigating the legal process.

See also  DRUG POSSESSION VS DRUG TRAFFICKING LOS ANGELES CALIFORNIA

If you have been arrested on marijuana-related charges, consult with an experienced Los Angeles drug crime defense attorney from Tabibnia Law Firm. Cyrus Tabibnia will conduct a thorough investigation of the circumstances surrounding your case and determine whether your arrest was conducted on dubious grounds or was in violation of your rights. To learn more about what our firm can do for you, please call 866-713-2159 for a comprehensive consultation.

Cyrus Tabibnia

Cyrus Tabibnia

Tabibnia Law Firm retains years of experience successfully representing individuals charged with misdemeanor and felony crimes,Theft Crimes, Crime Against Children, Driving Crimes, Rape Crimes, driving under the influence (DUIs), domestic violence cases, drug possession cases, state and federal crimes, white color crimes, driving on a suspended license offenses, violent crimes, sex crimes, Forgery and all other criminal defense cases throughout Los Angeles, Sherman Oaks, Orange County, San Fernando Valley, Ventura County, Riverside County, San Bernardino, Van Nuys, Santa Monica, Beverly Hills. An expungement attorney in Los Angeles who can assist you in clearing your criminal record in the state of California. Call for a consultation today: 866-713-2159

    Get A Case Review Today

    Please prove you are human by selecting the Plane.

    EXCELLENT rating
    Based on 28 reviews
    Let’s be real needing a Criminal Defense Attorney is always unexpected and stressful. If the unexpected happens call Cyrus, he is extremely knowledgeable and professional. Grateful we had Cyrus on as a defense Attorney!
    Isaac Lopez
    Isaac Lopez
    18 September 2023
    Cyrus is the best criminal defense attorney in Los Angeles, California. As a satisfied customer, I can confidently say that his expertise, dedication, and unwavering support are unmatched. His in-depth knowledge of the legal system, combined with his relentless advocacy, makes him the go-to choice for anyone facing criminal charges. With Cyrus by your side, you can trust that your rights will be fiercely protected, and your future will be in the most capable hands. I wouldn't hesitate to recommend him to anyone in need of exceptional legal representation."
    Christian Horniman
    Christian Horniman
    11 September 2023
    Several years ago, I was contending with a serious legal issue. Out of the blue, I became aware that a corporation had obtained a large civil money judgment against me, in court, and on a case I was not aware of. When I became apprised of the judgment and the company's efforts to enforce the debt against me, I became angry and concerned. How would this case and judgment affect my financial future? Was there any way to fix this? I approached several other attorneys for assistance, but they all said the same thing: that because the judgment was over a year old (almost 2 years old, actually) it would be extremely difficult, if not impossible, to remove the judgment and to re-open the case. Given what other attorneys had told me about my case, I was not hopeful. But I decided to turn to and hire the Tabibnia Law Firm because I was aware of their strong reputation in both civil law matters and criminal defense cases. Mr. Tabibnia went out of his way to fight for me. To my great surprise, he convinced the court to set aside the judgment against me and to re-open the case. And months after getting the case re-opened, I was astonished when he then got the case completely dismissed! So, I went from having a large money judgment against me to getting the judgment removed and case dismissed in a matter of months. Throughout the process, I found Mr. Tabibnia to be honest, aggressive, competent and extremely fair with his fees. Most importantly, he kept me informed throughout the case. I cannot recommend the Tabibnia Law Firm highly enough.
    Arian T
    Arian T
    27 August 2023
    Hello Mr. Attorney Shahruz Tabibnia. I Wanna To Say All People..!! Mr. Attorney Shahruz Tabibnia Is Amazing Profecianal Attorney With High Knowledge.!! Mr. Shahruz Tabibnia Is Very Honest And Espricual Attorney.!! I Had Very Hard Case In The Court But Mr. Shahruz Tabibnia With His Knowledge And His High Experience Helped Me To Become Winner My Case In The Court.!! I'm Really Appriciated Mr. Shahruz Tabibnia. Thank You For Help Me To Winner My Case.!! I Look Forward To Work With You . Best Regards. Mike P.
    Mike Panadar
    Mike Panadar
    24 July 2023
    I had the pleasure of working with the Cyrus at Tabibnia Law on my case and I could not have been more pleased with the results. From the start, he gave my case the time and attention it deserved and showed a deep understanding and knowledge of the law. He provided clear guidance through the entire process and was always available to answer questions and provide legal advice. He really went the extra mile to make sure I got the best possible outcome and was extremely understanding and patient, always taking the time to explain the details and nuances of the law to me. I am very grateful for his expertise and the care they took in my case and it was definitely worth every penny. I highly recommend his services and would not hesitate to use him again in the future. Tabibnia Law is truly a top-notch law firm and I am so thankful to have worked with them.
    F V
    F V
    15 March 2023
    Having never needed a lawyer before, and being very scared and confused, I reached out to Cyrus after reading some outstanding reviews online. Cyrus gave me peace of mind and made me feel like I was in good hands. I highly recommend and I will probably use them again for any future legal needs that may arise. Thank you Cyrus.
    Ehab Totri
    Ehab Totri
    9 March 2023
    HIGHLY RECOMMEND CYRUS! I have been working with Cyrus on a bank fraud case and you will not be disappointed. He is nice and very humble. I never had a problem trying to get a hold of him. Cyrus is in top of your case and answers to emails/text messages promptly. Well talented attorney and his professionalism is to the next level. He is affordable and would work with you depending on your situation.
    MELVIN SANDOVAL
    MELVIN SANDOVAL
    13 September 2022
    This correspondence shall serve to memorialize that Cyrus is a excellent attorney, I recommend Cyrus because he is intuitive and has great communication skills. Cyrus is very honest and will never drag a case just to make more money
    Bobby Vafa
    Bobby Vafa
    29 July 2022
    I am here, writing on the behalf of Mr. Cyrus Tabibnia. From the very first moment we formally introduced ourselves to one another, I felt nothing but sincerity and authenticity from this man. At that very moment I knew, that this was the person ideal to represent me and to do diligence. In which in fact he did do so. He was able to significantly get my DUI and Car Theft charges reduced from felonies to misdemeanors and with one case, completely dismissed. I was not only impressed and satisfied completely, but I was not suprised one bit with the outcome. I highly suggest this gentlemen if you are in deed seeking counsel from someone who legitimately cares, and who will go the extra mile and above and beyond for you.
    DJ Cab
    DJ Cab
    7 July 2022

    Recent Posts

    Practice Areas

    Locations We Serve