While medical marijuana, (or cannabis), has been legal in California since 1996, and, more recently, recreational cannabis use has been legalized in the state, as well, there are still circumstances that can land you in a world of trouble. If you fail to follow the guidelines regarding cannabis, its uses and regulations, you may find yourself in trouble with the law.
What is Cannabis?
Cannabis is the species name for the marijuana plant. There are many varieties of cannabis, and not all of them are used for medical, or recreational, purposes. Several useful products are made from varieties of cannabis plants, including hemp rope, paper, clothing, and lubricating oil, just to name a few. Hemp is another name for cannabis plants. Hemp seed was, at one time, a primary food source for human consumption. According to Cannabis Campaigners UK, up until the 1900's, hemp was the primary material used for rope, rigging, nets, and even clothing. In the beginning, Levi Jeans were made from cannabis.
What's the Difference Between Cannabis and Marijuana?
The designation “cannabis” is often used to refer to products made from the flower of the cannabis plant. Weed and Marijuana are other names used to refer to this part of the plant. It refers to the dried, crushed flower tops and leaves that have a psychoactive effect due to the presence of THC and CBD.
Under US law, hemp is the stalks, stems and sterilized seed of cannabis sativa, and marijuana is the leaves, flowers and viable seeds of the same plant. Cannabis is used to refer to both of these parts of the plant, as well as some medical derivatives of marijuana.
Is Cannabis Legal in California?
In November of 2016, California citizens went to the polls and voted “yes” on Proposition 64, which made way for the legal, recreational use of marijuana by adults. Adults are defined as being persons over twenty-one years of age. Persons under twenty-one are not allowed to possess or use marijuana, in any form, without being prescribed by a doctor.
Proposition 215
The use of medical marijuana, often referred to as cannabis, has been legal since the passage of the “Compassionate Use Act of 1996.” Passed by voter approval, as California Proposition 215, and outlined in the California Health and Safety Code 11362.5, you are allowed to use medical cannabis in California, if a licensed California physician has approved marijuana for the treatment of a serious medical condition.
“Serious conditions” for which you might be prescribed medical marijuana, include:
- AIDS
- Anorexia
- Arthritis
- Cancer
- Chronic Pain
- Glaucoma
- Migraine
- Muscle Spasms – including, but not limited to, the spasms associated with MS
- Seizures – including, but not limited to, seizures associated with epilepsy
- Severe Nausea
- Other Conditions
Can I be Charged Under Federal Law for Possession of Cannabis?
The California Proposition 64 which legalized the adult use of marijuana in California, does not override the U.S. Controlled Substances Act which maintains marijuana's status as a schedule-one drug. This means that if you carry marijuana on federal property, such as national park lands, you could be subject to federal charges, though these are typically only brought in cases of large scale distribution. However, if you plan to visit a Federal Park or other place under federal jurisdiction, it may be wisest to leave your cannabis at home.
Can I get Arrested for Having Cannabis?
Prop 64 made it legal for adults to possess and use cannabis for recreation. However, it maintained strict guidelines for the sale and distribution of marijuana. The sale of marijuana requires a state-issued license. If a person is caught with more than one ounce of marijuana, they could be charged with the intent to distribute. It is even more likely that they would charged if the cannabis is packaged in small baggies or found with scales or other packaging paraphernalia. Also, if you are carrying marijuana and get stopped by authorities in an area where drug deals are known to take place or caught in the act of making a sale, you will most likely be charged.
Cannabis Misdemeanor
When cannabis became legal for recreational use, it also became legal to sell. But you can ONLY sell it if you have a state issued license to do so. If you are caught trying to sell cannabis on the black market, the charges brought under violation of HS11359 will qualify as a misdemeanor. The penalties for a misdemeanor include fines up to $500 and up to six months in a county jail.
Cannabis Felony
Under certain circumstances, the authorities can charge a defendant with a felony violation of HS11359, by charging them with possession of cannabis with the intent to sell it without a license. Selling without a license is a much more serious offense than selling on the black market and carries with it much steeper fines and punishments.
A person might be charged with felony violation of HS11359 or HS11360 if:
- The person has multiple prior drug convictions.
- Persons with serious violent criminal or sex crimes convictions.
- The arrest occurred in connection with a sale or attempted sale .
- The sale was being made to a person under the age of 18.
- The offense involves someone over 21 employing or using a person 20 years of age or younger in producing, cultivating, or in any way marketing cannabis.
What Happens After I get Arrested for Cannabis?
Being arrested means that you are taken into custody by a police officer or other member of law enforcement. When you are arrested or detained, you are not required to answer any questions, other than to give your name and address and produce identification, if requested.
If you are arrested, the officer should inform you of your Miranda Rights.
- You have the right to remain silent – They can't make you talk.
- Anything you say can be used against you – If you choose to talk to the authorities, the statements you make can be used against you in court.
- You have the right to an attorney – You can ask to have an attorney present while they question you. If you ask for an attorney but continue to talk to the officers, while you wait for your attorney, the answers you give can still be used against you.
- If you cannot afford an attorney, one will be appointed for you – If you cannot afford an attorney, but would like to have one, the court will appoint an attorney for you, free of charge.
Once you have been arrested, you will be transported to whichever detention facility is used by the arresting officers. Once there, you will be booked and charged with a specific crime. You will be allowed to make up to three free phone calls. You should use these calls to arrange for a marijuana bail bond so you can get out of jail fast. You can also contact a family member or friend, and allow them to arrange a marijuana bail bond for you.
Call Mr. Nice Guy Bail Bonds first to get out of jail fast. Their licensed, professional agents will work quickly to get you out of jail as soon as possible. Call (844) 400-2245 for fast, professional bail bond service.
What is Cannabis Bail?
Bail is money that the court holds onto to assure that you'll show up for all of your court appearances, arraignment, trial, etc. Once your case has made its way through the court system, and you've complied with all of your appearances, your bail money will be refunded to you.
How Much Will my Cannabis Bail Bond Cost?
The bail amount for most crimes, including cannabis violations, are set by a bail schedule. The arresting officers or authorities at the detention facility should be able to tell you how much your bail will be.
If you have the cash money to pay your bail, you can pay it and be on your way. However, if you lack the cash to pay your bail in full, you can contact a bail bonds company to pay it for you. Mr. Nice Guy Bail Bonds is the number one bail bond company in Southern California, and they'll work hard to get you out of jail as soon as possible. The amount that you pay a bail bond company, like Mr. Nice Guys Bail Bonds, is generally 10% of the total amount of the cash bail. By using a bail bond company, you can get out of jail for a fraction of the cost of paying full bail.
Once Mr. Nice Guy gets you out of jail, you are still obligated to show up to your court appearances and do what is required to see your charges through to the end. By asking Mr. Nice Guy to secure your marijuana bail bond, you are promising to do just that.
Some bail bond companies require an annual premium on the anniversary of charges, but Mr. Nice Guy never does that. Once you've secured a bond through Mr. Nice Guy Bail Bonds, there are no additional fees or recurring charges. Mr. Nice Guy will even work with you on establishing a payment plan for a bail bond, to help get yourself or a loved one out of jail when you're on a budget. It just doesn't get much nicer than that!
How do I Get Cannabis Bail Bonds?
The first thing you do is call Mr. Nice Guy Bail Bonds. For fees as low as 7%, Mr. Nice Guy and his team of licensed professionals will go to work to get your friend or loved one out of jail fast. You'll need the full name, detention location, and booking number for fastest service. Call Mr. Nice Guy at (844) 400-2245.
If you can't find the location of your incarcerated loved one, give Mr. Nice Guy a call to get the assistance you need using inmate searches. Toll free help is easy to find at (844)400-2245.
Mr. Nice Guy's Commitment To You:
Mr. Nice Guy's licensed bail agents can process bail bonds for arrests throughout Southern California. Mr. Nice Guy Bail Bonds Inc. offers bail premiums as low as 7%* (the lowest bail bond rate allowed in California). No other bail bondsman can offer lower rates. Call now, or start the bail bonds process online.
Other online services include free warrant checks, and a direct link to the most Sheriff's Department databases.
If you need a bail bond in Southern California: if you want fast, private service at the best rates available; if you are looking for professional service, call Mr. Nice Guy toll free at (844)400-2245.
