Judge Openly Skeptical of Los Angeles Marijuana Law – Health and Safety Code Section 11357

By: Wallin & Klarich

Superior Court Judge Anthony J. Mohr is skeptical about the propriety of several provisions in LA’s new marijuana laws. Mohr expressed his concerns at a hearing last Tuesday for lawsuits filed by collectives and patients challenging the constitutionality of the city’s new law.

Especially perplexing to Mohr is a provision that requires collectives – many of them marijuana dispensaries that supply pot for “donations” – to make patient lists openly available to law enforcement without search warrants.

“That makes me very nervous,” the judge lamented. “If I am a patient, that [recommendation] is as private as any document in my doctor’s office. How can you say this does not violate my right to privacy?”

In the provision’s defense, Deputy City Attorney Jane E. Usher said the provision is necessary to deter distribution of medical marijuana for illegal purposes. Mohr remained unconvinced.

Possession of marijuana, if not for medicinal purposes, is a criminal offense in California under Health and Safety Code Section 11357. A conviction under this law may result in imprisonment in county jail for up to six months if you were in possession of more than 28.5 grams of marijuana. In most cases, however, you may not get a jail sentence, but will likely pay a fine between $100 and $500.

If you qualify, your attorney may also be able to arrange for you to enter a drug diversion program that may allow the court to dismiss the charges against you upon successful completion of an applicable rehabilitation program. This means you can avoid jail time and a conviction on your criminal record.

If you are facing marijuana possession charges, it is very important that you seek the expertise of a skilled drug defense attorney who can help you avoid conviction. At Wallin & Klarich, our Southern California Attorneys have over 30 years of experience in handling drug possession cases and will work hard to present the best defense for you. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

Posted In: Drug Offenses