Author: Bail Hotline Staff

California is undoubtedly one of the most liberal states in America when it comes to the use of marijuana. Though certain possession charges only amount to an infraction under state law, California still considers it a serious offense to cultivate marijuana. Unless a person has a legal right to do so—such as is the case with medical marijuana users—the penalties for illegally cultivating the drug can be quite serious.

Defining Cultivation

California law is pretty specific when it comes to the cultivation of marijuana: it is a felony to grow marijuana. For this crime to be proven, an individual must have planted, cultivated, dried and processed marijuana. The penalties can vary significantly when a person is charged with this crime, depending on their intended use.

An individual who is simply growing marijuana for personal use is often eligible for a diversion program. An alternative to pleading guilty, a formal diversion creates an arrangement which would include programs based upon drug treatment rather than punishments; such as Prop 36 and drug courts. Dismissing of the charges might result from the agreement by the judge and prosecutor, or in some cases from the completion of certain programs.

For those who might regularly partake in this drug, one plant is often not enough to support that habit ; luring people to have several plants for just their private use. Unfortunately, police and prosecutors will often take the existence of numerous plants as evidence that a person intended to sell the drug, and this can lead to much more severe consequences.

Corresponding Bail Amounts

The potential penalties from cultivating marijuana are set forth by the state, but California does allow its counties to set their own bail amounts; this creates quite a variance from one part of the state to another. In Orange County, for instance, an individual may face a $20,000 bail amount if arrested for growing less than 25 lbs. of marijuana. However, this amount jumps to $50,000, if anything over twenty-five pounds are harvested.

In Los Angeles County, a person also faces $50,000 if cultivating over 25 lbs. If this amount is under one pound, however, bail is set at only $10,000. In Sacramento County, though, a person’s bail will be $10,000 for harvesting up to two pounds. All of those far surpass Santa Cruz County, however, which only sets bail at $2,500. Bail Hotline provides payment plans for posting your bond, at a mere fraction of the actual bail face amount.

Penalties for Cultivating Marijuana

The penalties for cultivating marijuana are amongst the most straight forward for any crime in California. Anyone convicted of this act can face up to three years in a California state penitentiary. As mentioned, a judge may consider a diversion program, but this is only in very specific circumstances.

It’s also important to point out that a judge may grant an individual probation, but this may still have its own dire consequences. If probation is granted, a person will likely remain on it for three years and may still have to serve an entire year in a California jail. This will also likely include hefty fines paid to the court and a probation officer, and could impact your current or future employment.

It’s true that California is one of the most accepting states in the Union when it comes to marijuana. This doesn’t mean, however, that an individual can do whatever they want with the drug. Cultivating the marijuana plant is a serious felony, and since there’s no definitive amount which constitutes “personal use,” an individual can face detrimental consequences even if they were actually growing it just for themselves.

The War on Drugs has long villainized the use of any substance that is considered illegal. While legal statutes are slowly evolving which decriminalize certain uses of marijuana, it’s important to note that federally, and even in California, it is usually illegal to use the substance. In fact, it’s illegal to even possess this drug without a legal right to do so; such as for prescribed medicinal purposes, in all of California. This is why it is important to clearly understand what is meant by the crime of personal possession of marijuana.

Who can be Charged with Personal Possession?

A personal possession of marijuana charge is one of the most straightforward charges that the state can bring against a person. The state simply has to prove that a person knowingly had possession of marijuana and that they knew that it was a drug. On top of these requirements, the state must also show that the amount of the drug possessed was sufficient to actually be used as a drug.

Luckily for many individuals, a small amount of residual marijuana isn’t likely enough to meet the aforementioned element of evidence. Residual amounts of marijuana only prove that a person used the drug previously; there must be enough of the drug left for it to still be used in the manner it was intended for a conviction to be attained.

Bail Amounts after Arrest

California sets forth the punishments related to personal possession of marijuana, but each individual county is able to set forth its own bail amounts which are defined within their bail bond schedules. These schedules have bail amounts listed for just about anything that a person could be charged with. Since each locality determines their own schedule, California’s county bail amounts vary widely.

In Sacramento County, the bail amount for personal possession of marijuana is set at a hefty $3,000. In Santa Cruz County, on the other hand, this amount drops to $1,000. An individual who manages to get arrested for possession in Los Angeles County, however, will only face a $500 bail amount; and this amount drops to only $35 if the amount possessed is less than 28.5 grams.

Penalties for Conviction

Due to a California law passed in early 2011, having less than one ounce of marijuana is considered an infraction and only punishable by a fine of $100. A person may face higher fines, however, and even jail time if they have possession of concentrated cannabis or they have these substances on school property during school hours.

Those convicted of having over an ounce of marijuana that is not concentrated cannabis will face up to six months in jail and a fine of up to $500. For those with concentrated cannabis, however, these penalties can become much more serious. A conviction of personally possessing concentrated cannabis can land a person in jail for up to a year if charged as a misdemeanor, and this term can jump up to three years if charged as a felony.

Personal possession of marijuana can lead to serious consequences for those convicted of the crime. This conviction can lead to long term repercussions from having a criminal conviction on one’s record, but it’s even possible for an individual to face serious prison time after their first conviction. This is why it is so essential for anyone charged with the crime to understand their rights and potential defenses. 

Most people understand that they can be arrested for possessing or trying to sell drugs. What they might not recognize, however, is that California law actually prohibits an individual even using or being under the influence of drugs. These laws are not very complex, but the penalties related to a conviction can be extremely severe, considering the crime.
What is Under the Influence?

The meaning of being under the influence of controlled substances is pretty much self-explanatory, but it is important to note that marijuana is not covered under this statute. Drugs that are covered are substances such as hallucinogens, depressants, opiates, stimulants and even some prescription drugs. There are a few specific things, however, that the prosecution must prove before a conviction can take place.

Prosecutors must prove that a person was either under the influence of narcotics or currently using them. When considered under these statutes, ‘currently’ means immediate use prior to being arrested. Unfortunately for some, this determination can be unclear—in fact, proof of use within five days prior to arrest may constitute sufficient evidence.

When it comes to being under the influence of drugs, prosecutors must only prove that a person was affected by a drug in any type of detectable manner. This means that a person can be prosecuted for the crime even if they were not grossly impaired or engaged in any type of misconduct.

What are the Bail Amounts?

Luckily for those charged with being under the influence of a controlled substance, you are allowed to post bail and be released from jail prior to your trial.  All California counties have their own bail schedules, however, so this means that the amounts may vary depending on the county in which the arrest occurred.

In Orange and San Diego counties, for instance, bail can be set at $1,000 for those charged with this crime; in Orange County, however, this amount will rise to $2,500 for those arrested for a second or subsequent offense. Los Angeles County, on the other hand, sets their bail for an initial arrest at $2,500. These variations are just a few of the many within the vast territory of California state.

Consequences and Penalties

Considering the fact that the charge is only a misdemeanor, individuals convicted of being under the influence of a controlled substance can face serious penalties. At minimum, a person will face 90 days in jail, but this punishment could go all the way up to a full year.

Additionally, an individual may be required to attend drug counseling and perform community service. On top of all of these punishments, those convicted may also end up on probation for up to five years. Because of these penalties, many people believe that the punishment for this crime far exceeds its actual harm.

Too many people think that California is lax on drug crimes simply because medical marijuana is legal, but nothing could be further from the truth. Just being under the influence of a drug, or having recently used one, is enough to constitute criminal charges in the State of California. It is important to note  that this charge is something might affect your future employment—certainly a good reason to achieve bail and obtain legal representation toward dismissing or reducing any potential conviction.

Certain drug laws in many American states are becoming more relaxed. There are some drug offenses, however–including those in California–which still hold a stiff penalty, and one of the most serious a person could face is trafficking. While not many people fully understand exactly what actions constitute this crime, the word alone brings with it an air of infamy. Due to the complex nature of trafficking laws in California, it is important to understand the basics of the local statutes.

What is Drug Trafficking?

The very fact that California was the first state to allow medical marijuana might seem to indicate a lenient perspective on the exchange of drugs—but , the simplicity of any such transactions ends there, with the parameters of Proposition 215.

There are various drug offenses which could constitute trafficking. California Penal Code 11379 states that selling, transporting, furnishing, administering or even giving away drugs within the state could result in a trafficking charge. In fact, the mere offer to do any of these tasks is enough to bring about a charge. This means that any individual who is caught even attempting to sell drugs could face trafficking-related charges. Depending on the specifics of the case, though, an individual could face excessively severe penalties.

Bail for Drug Trafficking

Before a person even wonders about the penalties they face for, the first concern would be to determine whether bail can be posted. Each California county bail schedule provides its own set bail amounts for those charged with this crime, but it’s important to note that these bail amounts can be significantly different between counties. Only potential punishments are instituted statewide, but bail amounts are under local jurisdiction.

In Sacramento and Santa Cruz Counties, an individual charged with crimes falling under trafficking statutes will face a $25,000 bail amount. In Santa Cruz, though, this amount jumps to $50,000 if the trafficking occurred between different counties. Los Angeles and Orange Counties, on the other hand, have schedules as complex as the state laws related to trafficking. Depending on the specifics of a case, trafficking charges could bring up to a $5 million bail amount in Los Angeles and all the way up to $3 million in Orange county.

Penalties for Drug Trafficking

As mentioned, there are various charges that could be related to trafficking, and depending on how the prosecutor chooses to approach the case, offenders could be sentenced under various statutes. California Statute 11379, however, does list potential punishments for trafficking. One violation can result in up to a four year prison sentence. Those who commit trafficking across county lines, on the other hand, could land in jail for up to 9 years.

It should also be noted that punishments can drop all the way down to one year for some of these charges. Simply possessing a few specific drugs with the intent to sell, for instance, may only result in a year in county jail. Sadly, most people will not know what they face until they’re actually charged. As with most criminal statutes, the prosecuting attorney will decide which charges to bring against a defendant.

Drug trafficking is a serious crime, but luckily for those charged with it, trafficking is still a bailable offense. This means you can get out of jail and start working on your defense, and in the case of trafficking charges, you will definitely need a good one. Drug-related charges are always serious, but the penalties for trafficking in California are especially severe.