Building a successful defense against state and federal drug possession charges requires specialized knowledge and skill. The lawyers at Jayne Law Group, P.C., have extensive trial experience and a record of success on both sides of state and federal drug cases.
We represent people charged with:
- Simple possession of illegal drugs, such as marijuana, crack cocaine, methamphetamines, fentanyl and heroin
- Conspiracy to distribute
- Federal violations of marijuana possession
- Illegal possession of prescription drugs
- Possession with intent to sell
For a free consultation with our San Francisco drug possession lawyers, please call our firm at or contact us online.
What Is Proposition 64?
On November 8, 2016 California voters approved Prop. 64, also known as the Adult Use of Marijuana Act (AUMA).
Proposition 64 now includes the following regarding California laws pertaining to marijuana possession:
- The law legalized possession and use of up to one ounce of marijuana and personal use cultivation of up to six plants per residence by adults 21 and over.
- The law also has reduced the penalties for most illegal cultivation, sale, transport and possession for sale offenses from felonies to misdemeanors. However, there are some exceptions for repeat or violent offenders or other aggravating circumstances.
- Proposition 64 has allowed for prior offenders to file to have their criminal records changed to what it would have been if Prop 64 had been in effect at the time of their conviction.
- There is also a provision which established a licensed regulation system for commercial production and sale of adult use cannabis, which will begin on January 1, 2018.
- There is a production tax, more details of which can be found in the text of proposition, except the tax has exemptions.
- The new law legalizes agricultural production of industrial hemp.
- However, the law does prohibit smoking or consumption of marijuana in any “public place” or while driving, possession on school grounds, (possession of an open container of marijuana while driving or riding in a motor vehicle. These areas continue to be open to possible prosecution throughout California.
Additionally, the commercial sale, cultivation, and production of marijuana is only permitted by licensed providers. Illegal sale, transport, manufacture, cultivation, or possession with intent to sell are generally punishable as misdemeanors, with felony enhancement allowed for special circumstances. Minors under 18 are not subject to imprisonment, but may be punished by drug education and community service.
However, it is important to keep in mind that these provisions of Proposition 64 do not apply on federal land. Possession in national parklands is still illegal. Marijuana remains an illegal Schedule One substance under the U.S. Controlled Substances Act.
Our Approach To Your Case
Our drug crime defense lawyers will begin with an investigation of the circumstances of your arrest, including whether proper police procedure was used. For example, did the police have necessary probable cause to search your home or vehicle? We can move to suppress any evidence arising from an improper search done in violation of your constitutional rights.
State drug charges may be eligible for alternative sentencing programs available under California law such as drug diversion and Proposition 36. The sentencing guidelines for federal charges are much stricter, however. To avoid harsh penalties, it is crucial that you work with experienced criminal defense attorneys who understand the strengths and weaknesses of the government’s case well enough to seek a lesser sentence or dismissal of the charges.
We also have experience defending those charged with federal marijuana distribution, since the federal government is cracking down on both dispensaries and individuals involved in the medical marijuana industry. We also represent landlords and homeowners who own property occupied by dispensaries.
Take Immediate Action Against State And Federal Possession Charges
Our Bay Area drug sales & possession attorneys provide knowledgeable, aggressive representation for individuals charged with drug crimes in California. You can call us 24 hours a day at