Law Offices of Erik Steven Johnson

247 N. Third Street, San Jose, CA 95112

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408-246-3004

San Jose Marijuana Possession Defense Lawyer

San Jose pot possession lawyer

Santa Clara County Drug Arrest Defense Attorney

In November of 2016, the voters of California made drastic changes to the marijuana laws, with the passage of Proposition 64. Prop 64 legalized the personal use of marijuana and the cultivation and transportation of it for people over the age of 21. However, the law still can be a trap for the unwary.

Recreational Use of Marijuana in San Jose

In California anyone over the age of 21 may use marijuana for recreational purposes. However, Health and Safety Code section 11357 still provides prosecution for possession under certain circumstances:

  • Possession of more than 28.5 grams of cannabis. It is a misdemeanor offense to be in possession of more than 28.5 grams of concentrated cannabis. This may be punished by up to six months in county jail and a $500.00 fine.

Possession of any amount of concentrated cannabis on the grounds of grade school (K through 12). It is a misdemeanor offense to possess any amount of marijuana on school grounds for anyone who is 18 years of age or older. For any minor under the age of 18, possession of marijuana on school grounds constitutes an infraction.

Under the age of 21. Anyone under the age of 21 years, may not possess marijuana. It is a misdemeanor offense for any person under the age of 21 to possess more than 28.5 grams of marijuana or an infraction for possession of fewer than 28.5 grams.

Marijuana Cultivation and Transportation

Prop 64 also changed the law for cultivation and transportation of marijuana. Most people who are over the age of 21 may grow and cultivate up to six marijuana plants. However, Health and Safety Code section 11358 still provides restrictions that could get the unwary in trouble:

  • Possession of more than six plants is a misdemeanor offense, punishable by up to six months in county jail and a $500.00 fine.
  • People under the age of 21 may not grow any amount of marijuana, which can be a misdemeanor or infraction offense.

It is a FELONY OFFENSE for anyone to grow more than six plants if the grower has a prior serious or violent criminal record, is a registered sex offender or has a prior cultivation charge.

Marijuana Defenses in Santa Clara County

For anyone accused of marijuana possession, there are defenses:

1) Unlawful search and seizure;
2) entrapment, planting evidence or other police misconduct;
3) Improper lab analysis;
4) Improper measurements and weighing of drugs;
5) Medical marijuana.

Medical Marijuana Compassionate Use Defense

Under the Compassionate Use Act, certain people are allowed to grow marijuana for their prescribed medical needs. Unfortunately, certain parts of this law are complex and confusing. Erik Johnson helps his clients by defining what amount is deemed appropriate by enlisting the help of experts to determine the appropriate amount of legal use and possession of marijuana.

The Compassionate Use Law provides that those statutes which prohibit possession and cultivation not apply to patients and caregivers "who possess or cultivate marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician."

The law lists eight specific illnesses but also provides a catchall phrase: "or any illness for which marijuana provides relief." Although the law allows the cultivation of six mature and twelve immature plants, it also provides the patient to provide that amount of cannabis consistent with his or her needs. This is where the law becomes confusing and where the patient needs an attorney and experts to raise the Compassionate Use defense.

Erik Johnson's ultimate goal is to help you get your life back to normal. Typical clients are good people who don't understand the full nature of the complex marijuana laws. Erik Johnson will work to get you the best possible deal and to keep you out of jail.

Erik Johnson actively supports the legal use of medical marijuana and constantly tracks the opinions of the courts and the local policies of the District Attorney regarding the use, cultivation and transportation of marijuana.

Silicon Valley Drug Charges Lawyer

Drug charges concerning marijuana and narcotics have been a big issue in the Bay Area. People arrested or charged with marijuana possession and sales often do not know that they have options. Attorney Erik Johnson is familiar with the law and has worked with the courts long enough to know how to get your charges dismissed or reduced.

With years of experience working in a large criminal defense firm, Erik Johnson has made the right connections with Bay Area judges and attorneys to aggressively negotiate the best possible deal for you.

  • He will work to keep you out of jail and seek defenses that can drop or reduce your charges or penalties.
  • He will investigate all the facts in your case to find whether the police violated your constitutional rights.
  • He will connect with experts, when necessary, to resolve conflicting or confusing matters, such as the appropriate amount of legal drug possession, critical for your defense.

Clients of Erik Steven Johnson are typically charged with crimes that often involve the possession, use, cultivation, transportation or sale of drugs. If not represented by a qualified attorney you can spend a lifetime in prison. Erik Johnson is armed with an arsenal of defense strategies and arguments for courtroom success for all kinds of drug matters. He will evaluate your matter to determine whether you qualify for a diversion program or an outright dismissal.

San Jose Criminal Defense Attorney

Attorney Erik Johnson is an experienced San Jose, Santa Clara County, Silicon Valley marijuana possession defense lawyer equipped to deliver other legal assistance by request. Contact our experienced legal team at the Law Offices of Erik Steven Johnson at 408-246-3004 for a free consultation today. Please visit our San Jose Criminal Defense blog for additional information as well.

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