Category: Criminal Defense

Why Will I Need a Hayward Marijuana Crime Lawyer When I Can Smoke legally?

Why Will I Need a Hayward Marijuana Crime Lawyer When I Can Smoke legally?

Adults in Hayward are allowed to smoke marijuana thanks to the after the legalization of the drug in California. The industry is growing rapidly and facilitating customers since then. However, as per different marijuana laws, consumers did not get complete freedom yet as a set of rules has applied on purchasing, smoking, and cultivation of the drug. The law allows you to retain one ounce of marijuana and cultivate six plants without making the knowledge public.

When it comes to medicinal purposes, a qualified patient can possess around eight ounces of the drug. These patients can grow six mature and 12 immature plants. There is no doubt that the state is tolerant to recreational or medical marijuana but a slight violation of rules can land a consumer into hot waters. This is why you are advised to consult with a Marijuana Crime Lawyer in Hayward if caught in following cases:

Smoking Marijuana In Public

Smoking a joint in public is considered a felony even after the legalization of the cannabis. It is suggested to consume the drug only on private property. The law bans smoking a joint in public places where tobacco is illegal as well. You might land in serious trouble if found smoking the drug around restaurants, school campuses, hospitals, and public parks.

Consuming Marijuana While Driving

Driving while smoking or even consuming edibles made from the drug is strictly prohibited. You may come in contact with serious consequences if caught in the influence of the drug when driving. The rule also regulates how you store marijuana in the car. You will face a fine of $70 if an unsealed marijuana container is found in your possession.

The Stance Of Federal Government On Marijuana

Federal law still outlaws the possession of the drug. Pot dispensaries are instructed to keep an eye on the consumers via gathering information which federal prosecutors and agents can seize. The adults who purchase or consume a legalized amount will less likely be affected by any federal action. However, to avoid any inconvenience, you should not cultivate, buy, or consume the drug for medical or recreational purposes without measuring all the legal formalities.

Provide All Required Information

You are expected to provide a valid ID when buying marijuana – or a valid and legitimate medical prescription. You can provide your driving license, passport, or military ID as well. Trying to buy marijuana on a fake ID is a felony can land you in a very serious predicament with the law.

Termination On Possessing Marijuana

Proposition 64 empowers an employer to alter their drug policy. It is quite complex to deal with circumstances like these when the state has legalized the drug but employer takes action against you for using marijuana. This is one of the matters that should be met legally to prevent further damage.

Bottom Line

Drug charges can stay with you for a long time if not dealt appropriately. Contact Earl Jiang at 866-263-7866 and get your case solved legally.

Talk to a Fremont Marijuana Crime Lawyer before Starting Your Marijuana Business

Talk to a Fremont Marijuana Crime Lawyer before Starting Your Marijuana Business

The cannabis industry is rapidly growing in the US after recreational marijuana was made legal to sell and use for adults in Freemont, California. The market has increased drastically, which brings an opportunity invest in the personal Marijuana business. This business idea is surely distinctive and extremely difficult to establish from other businesses. The drug is legalized now but you may need an attorney to start your organization steering clear of illegal practices.

A marijuana lawyer is the key player and will play an instrumental role in helping you legally bypassing the formalities and the legalities required to start a marijuana business. Marijuana businesses may involve complex requirements which a certified attorney can handle preventing you from landing in potential trouble.

Plus, there are two separate laws that govern the marijuana industry – especially when you talk about setting your own 4/20 business – the laws are – (MCRSA) which is short for the Medical Cannabis Regulation & Safety Act and An adult use of Marijuana act (AUMA), which is short for Adult Use of Marijuana Act.

Moreover, it is worth noting that each law is significantly different than other. However, the process of building up the drug business is similar to either one of the above mentioned regulatory schemes.

Reasons Why You Should Meet A Marijuana Crime Lawyer Before Setting Up Your Cannabis Business

Help in Official Dealing

There will be multiple corporate forms your business may require such as limited partnership (LP), general partnership (GP), limited liability partnership (LLP), sole proprietorship, or a corporation. An experienced attorney will work to make your business official by registering it with the state department of California.

Permission from Local Government

You need to submit a proof that county or municipal government has permitted you to set up the business as a condition of your application when obtaining a license for MCRSA business. The local government applies a different rule to AUMA. You are expected to get permission from the local government, in either case, to run your business smoothly.

The procedure of attaining a local conditional use permit (CUP) is a complex and expensive process at the same where you may need a legal help. This is because your business should comply with local zonings legal formalities. In most cases, a marijuana business is only allowed to operate in industrial zones. It is often not permitted to run a cannabis business from residential and commercial areas specifically the ones located near parks and schools.

To Obtain State License

Obtaining a state license could become an overwhelming experience. The AUMA has created 19 licenses for adult use of cannabis businesses whereas 17 licenses are allowed for MCRSA. AUMA does not restrict a business owner from manufacturing, growing, selling or testing marijuana. However, MCRSA provides license only for medical purposes.

You should expect an extensive procedure when applying for a state license in this context. Each condition comes with a series of complex steps and demands attention to details. For instance, you might need to provide information about the fertilizers and pesticides you will use, the size of your farm, waste removal, storage, and consumption of water when applying for cultivation license for AUMA.

Bottom Line

Setting up a marijuana business is a complicated process. Contact Earl Jiang at 866-263-7866 and solve your legal queries right now!

Caught With Marijuana In Your Car? A Lawyer Can Help You Know Your Rights

Caught With Marijuana In Your Car? A Lawyer Can Help You Know Your Rights

The new drug law has permitted consumers to buy, smoke, or cultivate marijuana in California. Over 21 adults are allowed to possess one ounce of the drug and you can use eight ounces of cannabis for medical purposes. However, consumers are advised to stay vigilant in this context even after the legalization of marijuana.

Proposition 64 contains a set of diverse rules which as an adult, you are expected to learn and follow as even slight negligence may land you in harrowing circumstances. There are certain factors that you need to ensure before opting it like the quantity of the drug. For instance, smoking a joint is prohibited in public places, you cannot purchase it without showing an ID, or you require a license whether it is for medical purpose or an adult use.

It is worth noting that the state holds strict policy for getting caught with marijuana in the car or even under the influence of the drug. This is why you should consult with a lawyer in that particular case and learn about your rights.

“Open Container” Law

California Vehicle code 23222(b) makes it unlawful for you to drive while having possession of marijuana. It includes:

  • Drugs found in an open or unsealed container
  • Not found in a container

Violation of the rule is punishable and you may encounter a fine of up to $100. You will need a certified attorney in this case. The lawyer will ensure that California Highway Patrol (CHP) will not charge Vehicle Code 23222(b) against you if the drug was obtained under the recreational possession laws or medical marijuana laws in California.

Moreover, driving with an open container of marijuana is strictly prohibited. It is an infraction which comes with a whopping $250 fine. Additionally, individuals under 18 who found guilty in the case will be given drug education and will have to spend time doing community service.

Possessing More Than the Legal Amount

You may be charged with a California misdemeanor or face a fine if the marijuana found in your possession is more in quantity than permitted by the law. Recreational marijuana law hinders retaining more than 28.5 grams. You will need a lawyer to fight your case when it comes to committing a misdemeanor because it is categorized as a crime and it can send you to a county jail for a year in the case.

The Condition for People Under 21

You cannot keep any amount of marijuana in your possession if you are under 21. There is a possibility of compliance with medical marijuana laws of California. As a result, you may come in effect of Vehicle Code 23222. Moreover, cases like these are better handed over to an attorney who has specialized in marijuana law in your state. Not to mention, criminal charges like these could have a damaging effect on your future which is why they must be dealt with legally.

Bottom Line

Contact Earl Jiang at 866-263-7866 and learn more about your rights without further delay.

 

Find our reviews at Yelp.com!