Transportation, Importation, Sale or Gift
California Health & Safety Code §11360 Felony or Misdemeanor
LAW -- UNDER AN OUNCE: Giving away and/or transportation for personal use under an ounce is a non-arrestable misdemeanor offense, with proper identification [H&S 1136o(b)].
PENALTY: Same as possession of less than an ounce. See Possession, "less than an ounce," p. 3.) No jail. Up to $100 fine.
LAW -- OVER AN OUNCE: Persons who transport, import into the state, sell, furnish, or give away more than an ounce of marijuana are guilty of a felony. (Patients, see Medical Marijuana Laws, pp. 20- 28.) Bartering or exchanging for anything of value is considered "sale."
PENALTY: unless probation is granted, and it almost always is for first time offenders, the sentence range is 2, 3, or 4 years in state prison. (See 3-Strike Laws, p. 4.) Sales to or employing minors under age 14, is 3,5, or 7 years; over 14 is 3,4, or 5 years [H&S Section 11361].
DEJ isn't available. Drug Court (see p. 13) is an option for transportation for personal use only. Persons under age 21 will lose their driver's license for one year. It is a deportable offense.
DEFINITION OF PROBATION
Almost without exception, my experience is that first time offenders receive probation. However, probation doesn't mean that you won't end up in county jail. In felony cases, the term "probation" means that the state prison sentence is not imposed. The terms of probation may include up to a year in the county jail and a fine, drug testing, and search conditions. In misdemeanor cases, probation means all or part of the county jail sentence is not imposed. Alternatives to jail also can be fines, house arrest, or community service.
YOUR RIGHT TO REMAIN SILENT (MIRANDA RIGHTS):
Suspects do not have to be advised of their rights while merely being detained during an investigation. However, if you talk, those statements are admissible. And statements made without being read your rights are still admissible to contradict a defendant's testimony if he chooses to take the stand. (See the Invocation of Rights card in the centerfold.)
The Law Offices of Bruce M. Margolin, Esq.
