The gradual process of legalizing marijuana in California reached its climax in January of 2018, when marijuana became legalized. Once this new law came into effect, it changed the ways that some laws apply and affect cases surrounding the possession, utilization, and acquisition of marijuana. On the other hand, many procedures and statutes have not changed despite the legalization of marijuana. One such instance is the penalty one may accrue if they are caught with marijuana in their car while driving, which is detailed by the California Vehicle Code 23222(b) Driving In Possession of Marijuana.
The Conditions of the California Vehicle Code 23222(b)
California Vehicle Code 23222(b) maintains that it is illegal to possess marijuana while conducting a vehicle. In order to be charged with this, a law enforcement agent must be able to prove that you were in illegal possession of marijuana while driving. Thus, there are three primary components at play in this code. The keywords here are illegal, possession and driving. If even one of those three things does not apply, then you cannot be charged with violating California Vehicle Code 23222(b). However, it should be noted that just because one of those three elements may not apply, does not mean that you cannot be charged with violating another statute or law. For instance, California Health and Safety Code 11357(b) may still apply to you. Also, if it is determined that you were driving under the influence of marijuana, you can also be charged with a DUI pursuant to California Vehicle Code Section 23152(a)(b).
What Can A Glendale Marijuana Lawyer Do To Help?
An experienced Glendale marijuana lawyer will understand that there are several powerful avenues that may be explored in order to demonstrate your innocence before the law. Some of those possible options are:
- Showing that the marijuana does not belong to you.
- Since being able to prove possession is one of the three key elements that a prosecutor will need to argue, by casting doubt as to the ownership of the marijuana in question, an attorney can potentially attack the prosecutor’s claim by debunking it entirely.
- The discovery of the marijuana was illegal.
- There is a legal principle called “The Fruit of the Poisonous Tree” which posits that unlawfully obtained evidence is not eligible for use against someone in a court of law. For this reason, police officers must adhere to a strict set of rules regarding when they are able to stop and ask to search your property. Any violation of those rules is a violation of your constitutional rights, which your lawyer can use to get certain pieces of evidence thrown out altogether.
- You had authorization to carry the marijuana because of medical reasons.
- Marijuana that was prescribed to you for medical use by your physician is not subject to this statute because there is another underlying cause for you to have possessed the marijuana. For instance, you may have just picked up the marijuana from the pharmacy and may have been pulled over on your way home. In such a situation, you would have violated no law. However, if the marijuana was opened and if there was evidence found that you had used it while driving back home, then you may still be subject to a DUI pursuant to California Vehicle Code Section 23152(a)(b).
The consequences of being convicted of violating California Vehicle Code Section 23222(b) include a fee of up to $100 plus court costs. We can help you avoid all of those. Give us a toll free call today to speak to one of our attorneys at 310-933-5171 or email us at [email protected]
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