Marijuana Crimes

Santa Cruz Marijuana Possession Defense Lawyer

People seldom think marijuana possession is a serious crime – often this is correct. However, without an experienced lawyer defending your rights, police could try to charge you with more serious charges that can result in jail time. In the past 15 years, attorney John W. Thornton has handled well over a hundred Santa Cruz marijuana possession cases, including sales and cultivation. Contact us for a free phone consultation.

Having marijuana paraphernalia is completely legal! That’s right, pot paraphernalia is legal. A bong or roach clip is legal, as long as there is no marijuana in it.

California Marijuana Law

If you face a marijuana charge, it is very important to know your rights under California law. Possession of less than an ounce can only bring a fine, and an officer cannot take you to jail on possession charges alone. The police can take you to jail if they have some valid indication that the marijuana was for sale.

Sale, trafficking, distribution and cultivation are felonies, and are subject to arrest and state prison.

Possible Defenses – Medical Marijuana

Even if you are caught with more than an ounce, you do not necessarily face jail time. For example, California medical marijuana law (The Compassionate Use Act) provides a valid defense. This does not require a card. All that is required for a valid medication defense is a recommendation from a physician. There are many misconceptions out there, one of which is that you need a prescription or card. Unfortunately, some of our law enforcement officers share this misconception. Fortunately, our courts do not. All that is needed is a physician’s recommendation, and an amount commensurate with that recommendation. In Santa Cruz you may legal grow marijuana under a 10 x 10 canopy, and you may possess up to 3 pounds of marijuana, provided that you have a recommendation from a physician.

There are other defenses available for felony possession that can help you avoid jail and a record entirely, such as deferred entry of judgment, drug court, and Proposition 36. See our main drug crimes page for more information about these programs.

Santa Cruz, marijuana possession lawyer John W. Thornton provides skilled and knowledgeable defense to people charged in Santa Cruz County, including Santa Cruz, Aptos, Ben Lomond, Big Basin, Boulder Creek, Brookdale, Capitola, Corralitos, Davenport, Felton, Freedom, La Selva Beach, Las Lomas, Lompico, Los Gatos, Mount Hermon, Pajaro, Paradise Park, Rio del Mar, Royal Oaks, Scotts Valley, Seacliff, Seascape, Soquel and Watsonville.