Have You Been Accused of a Marijuana Crime in the Bay Area? Get Help Now!
Recreational marijuana use is legal in California, but there are still stringent laws that regulate the possession, cultivation, transportation, and sale of the drug. Run afoul of the law, and you may be charged with a misdemeanor or a felony that could derail your future and destroy your family. If you’ve been arrested on marijuana charges in the Bay Area or surrounding counties, you need a seasoned marijuana crimes defense attorney who will achieve the best possible outcome in your case. That’s why your first call should be to Silver Law Firm. The criminal defense attorneys at Silver Law Firm will ensure that you have an advocate at your side who can easily navigate the California criminal justice system on your behalf.
For a free legal consultation with a marijuana defense lawyer serving Oakland, call (510) 995-0000
Manufacturing BHO (Concentrated Cannabis) – Health & Safety Code Section 11379.6
When Proposition 64 legalized cannabis, it also paved the way for licensing the manufacture of concentrated cannabis – often called honey oil, budder, 710, butane honey oil (BHO), dab, and hash oil. To make concentrated cannabis, substances like butane, propane, or diethyl ether may be used. This is a type of chemical extraction that can involve using volatile solvents.
California law makes a clear distinction between those who are licensed to make concentrated cannabis and those who aren’t. If you’re arrested for manufacturing concentrated cannabis using a solvent and you don’t have a license to do so, you’re likely facing felony charges. A conviction could result in a three-, five-, or seven-year prison sentence and a fine of up to $50,000. If you made BHO within 300 feet of someone’s living space or near a building where another person was present, that is considered an aggravating factor at sentencing.
Silver Law Firm has extensive experience representing clients who have been charged with manufacturing BHO. There are a number of effective legal defenses for manufacturing charges, including:
- The police conducted an illegal search and seizure
- Someone else was responsible for making the concentrated cannabis
- You didn’t use a volatile solvent to make BHO
- You were charged with the wrong crime
Oakland Marijuana Defense Lawyer Near Me (510) 995-0000
Prop 64 Expungement
When voters approved Proposition 64 in 2016, it not only legalized the recreational use of marijuana but also provided for those previously convicted of cannabis felonies to have their convictions reclassified as misdemeanors. Similarly, those with marijuana misdemeanors on their records can have those misdemeanors reclassified as infractions. For some, their marijuana convictions can be totally dismissed.
If you have a marijuana-related conviction that predates 2017, you may be eligible for a Prop 64 expungement. While there are a number of factors that play a role, such as your age when the offense was committed and the type of crime involved, it is possible to take advantage of a Prop 64 expungement and have your conviction reduced or your record wiped clean. However, it’s complicated to navigate the Prop 64 expungement process, which is why you need the help of an experienced Alameda County criminal defense attorney. A clean record can open up opportunities that were previously closed to you, so it’s crucial to get it right and live your best possible future.
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Felony Marijuana Cultivation – Health & Safety Code Section 11358
Since the passage of Prop 64, an increasing number of Californians are choosing to grow their own marijuana. This is great, but some folks can get overzealous. You can be charged with a felony if you’re caught with more than six cannabis plants and any of the following are true:
- You’ve had a prior conviction for a sexually violent offense, child sexual abuse, or other serious or violent felonies
- You’re required to register as a sex offender
- You have two or more prior cultivation convictions
- Cultivation resulted in the violation of one or more state water laws
- Cultivation resulted in the violation of state hazardous substance laws
- Cultivation resulted in the violation of state fish and wildlife laws
- There was intentional environmental harm to public lands or resources
If you’re convicted of felony cultivation, you can be sentenced to 16 month, two years, or three years in jail.
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Cannabis Possession for Sale – Health & Safety Code Section 11357
California law dictates that, for those over 18 years old, possession for sale is a misdemeanor and a conviction can result in up to six months in county jail, a fine of up to $500, or both. However, possession for sale can be charged as a marijuana felony and result in up to three years in prison if:
- You’ve had a prior conviction for a sexually violent offense, child sexual abuse, or other serious or violent felonies
- You’re required to register as a sex offender
- You have two or more prior possession for sale convictions
- You knowingly sold or attempted to sell marijuana to a minor
- You’re over 21 and hired or used someone aged 20 or younger to cultivate, transport, sell, or prepare to sell marijuana
Cannabis Transportation for Sale Charges – Health & Safety Code Section 11359 & Health & Safety Code Section 11360
Similar to cultivation and possession provisions of California law, transporting, importing, or furnishing marijuana for sale – or offering or attempting to do so – is a marijuana misdemeanor that can carry a jail term of up to six months, a fine of up to $500, or both. However, the crime can be charged as a felony with a penalty of two, three, or four years in state prison if:
- You’ve had a prior conviction for a sexually violent offense, child sexual abuse, or other serious or violent felonies
- You’re required to register as a sex offender
- You have two or more prior cannabis transportation for sale convictions
- You knowingly sold or attempted to sell marijuana to a minor
- You imported more than an ounce of cannabis or more than four grams of BHO into California, or exported that amount out of California
If the amount of cannabis in question is less than an ounce, it’s treated as an infraction and punishable by a fine of up to $100.
Felony Possession at Oakland Airport
Now that recreational marijuana use is legal in California, it’s easy to forget that there are places in the state that are considered federal property. In those areas – such as national parks, federal buildings, and airports – federal law supersedes state law. If you are arrested for a marijuana airport felony at the Oakland Airport, chances are that a TSA agent – a federal employee – spotted your stash. Depending on the amount, they may trash it or they may turn you over to the federal Drug Enforcement Administration, which always has agents at the airport.
Under federal law, a first offense for possession of a small amount of cannabis is a misdemeanor that carries a penalty of up to one year in prison and up to $1,000 in fines. A second conviction can mean up to two years in prison and up to $2,500 in fines. A third offense is a wobbler, meaning it can be charged as either a misdemeanor or a felony. The punishment for a conviction is up to three years in prison and fines of up to $5,000.
If you’re at the Oakland Airport and get tagged for possession with intent to sell, time is definitely not on your side. For less than 50 kilos, a federal marijuana airport felony conviction can result in five years in prison and a fine of up to $250,000.
Marijuana Felony Charges for Involving Minors – Health & Safety Code Section 11361
California comes down hard on those who impact minors. You can be charged with a felony for hiring or using a minor to transport or sell cannabis or inducing a child younger than 14 to use cannabis. The penalty for a conviction can be three, five, or seven years in prison. Providing marijuana to a minor 14 to 17 years old can lead to a felony conviction and three, four, or five years in prison.
Minors’ Possession of Cannabis
Children under the age of 18 can be charged with an infraction for possessing up to an ounce of marijuana or up to eight grams of concentrated cannabis, also known as butane honey oil or BHO. The same holds true for cultivating marijuana plants, possessing cannabis for sale, or transporting cannabis. A first offense can result in four hours of drug education and up to 10 hours of community service, while a second or subsequent offense can mean six hours of drug counseling and up to 20 hours of community service. The child will still be charged with an infraction if they have more than an ounce of cannabis or more than eight grams of BHO, but they’ll be required to complete additional hours of drug education and community service.
Young Adult Possession of Cannabis
For young adults between the ages of 18 and 20, possession of less than an ounce of marijuana or 8 grams of BHO is an infraction that carries a fine of up to $100. Ditto for plant cultivation. Possession of more than those amounts garners no special consideration; those accused are treated no differently than adults. For college students, a conviction for the possession or sale of illegal drugs while receiving federal work-study, federal grants, or federal student loans can impact their ability to continue to receive financial aid. Such a conviction could have a catastrophic effect on their future educational and employment opportunities, and indeed impact them for the rest of their lives.
Adult Possession of Cannabis – Health & Safety Code Section 11357
Adults who are 18 years old or older may face jail time if they’re caught in possession of more than an ounce of marijuana, more than eight grams of concentrated cannabis, or more than six plants. A marijuana misdemeanor conviction can lead to up to six months in county jail, up to $500 in fines, or both. Possession of less than an ounce of cannabis or eight grams of BHO on the grounds of a K-12 school during the school day or at a school event can also lead to a misdemeanor conviction. A first offense carries a fine, but a second conviction can lead to ten days in county jail.
Silver Law Firm Can Help You Now!
If you’ve been charged with marijuana crimes in Alameda County, Contra Costa County, or anywhere in the San Francisco Bay Area, the time to act is now. With more than two decades of experience defending those who have been accused of drug crimes, Elliot Silver and his team will mount a rigorous defense that undercuts the prosecution’s case against you. This can result in a dismissal of charges, a plea agreement to a lesser charge, or a reduced sentence.
Some marijuana crimes, including manufacturing of marijuana, are considered “wobblers”, which means they can be treated as misdemeanors or felonies. We’ve had a lot of success getting these charges reduced to misdemeanors, and ultimately expunged.
The most important step you can take right now is to call (510) 995-0000 or submit an online request to speak directly with California criminal defense attorney Elliot Silver in a one-on-one initial consultation. We will fight to get your criminal charges dropped or reduced.
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