MARIJUANA RELATED CHARGES
Marijuana is now legal in California, so why is this even a category worth discussion? Because there are many ways marijuana can become a problem for individuals that still find themselves in the criminal courts of California. Marijuana DUIs are on the rise, and even insignificant amounts of Delta-9, or even metabolized Hydroxy or Carboxy THC can be found in blood samples obtained during DUI investigations, resulting in DUI of drugs-while impaired, charges. These cases are complex, often requiring an expert to assist in debunking many of the mythical fears associated with THC and its metabolites.
Do not expect law enforcement personnel, nor Deputy District Attorneys, to see eye to eye with you about whether or not you “felt high” or “felt intoxicated” as it relates to whether or not it affects and impairs driving. They very likely will not, as a near zero-tolerance stance is taken in many jurisdictions.
An understanding of how these cases are investigated and prosecuted, what we can expect from crime labs and prosecution forensic analysts, and how to counter these positions and presentations, will be necessary for any successful outcome. As a former supervising attorney at Harbor Justice Center, I am familiar with and oversaw many successful outcomes via jury trial Acquittals in this area of the law.
Many Agencies are still devoting resources to marijuana cultivation and sales, and you may find yourself charged in Federal or State Courts with charges related to sales, distribution, or contributing to the delinquency of a minor.