Marijuana is legal for adults in California, but you can still be arrested and charged with possession in Los Angeles. Certain amounts, locations, and circumstances remain crimes under state law. A conviction can put your record, job, and freedom at risk.
At William S. Kroger Criminal Defense Attorney at Law, we defend people accused of marijuana possession across Los Angeles County. Our team challenges the search, the evidence, and the charge itself. If you are facing a marijuana possession charge, call our Los Angeles marijuana possession lawyer today at (323) 655-5700 for a free case evaluation.
Why Choose William S. Kroger Criminal Defense Attorney at Law for Marijuana Possession Cases in Los Angeles?
Drug charges demand a defense team that knows how Los Angeles prosecutors build and value these cases. Our attorneys bring more than 75 years of combined criminal defense experience to that fight. We have handled over 5,000 criminal cases throughout California.
Our record includes dismissals in serious felony matters and not-guilty verdicts in large-scale narcotics cases, including one involving 220 kilos of cocaine. That experience matters when the prosecution treats a possession charge as something larger.
We also focus on the things that make a stressful case easier to face:
- We explain each stage of the criminal process so you know what to expect.
- We serve Spanish-speaking clients with interpreters when needed.
- Our firm has earned recognition from Super Lawyers and the American Institute of Criminal Defense Attorneys.
When your record and freedom are on the line, real experience gives you leverage. Contact William Kroger today for a free confidential consultation.
When Marijuana Possession Is Still a Crime in California
California legalized recreational marijuana when voters passed Proposition 64 in 2016. Adults 21 and older can legally possess up to 28.5 grams of cannabis and up to 8 grams of concentrated cannabis. Possession within those limits is not a crime.
Legalization has limits, though. Under Health and Safety Code 11357, possession is still charged when the amount or the person falls outside the law.
You can still face marijuana possession charges in Los Angeles if you:
- Possess more than 28.5 grams of cannabis or more than 8 grams of concentrated cannabis
- Possess any amount and are under 21 years old
- Possess marijuana on the grounds of a K-12 school while it is open
- Possess marijuana for sale under Health and Safety Code 11359
- Sell or transport marijuana without a license under Health and Safety Code 11360
Possession for personal use over the legal limit is a misdemeanor for adults. Possession for sale is treated more seriously and is not eligible for diversion. The charge you face depends on the amount, your age, the location, and what the prosecution believes you intended to do.
We look closely at each of those factors. Often, the difference between a dismissed case and a conviction comes down to how the marijuana was found.
Marijuana Possession Charges We Handle in Los Angeles
Possession Over the Legal Limit
Adults can carry up to 28.5 grams of cannabis or 8 grams of concentrate. Going over that limit is a misdemeanor under Health and Safety Code 11357. We challenge how officers weighed and measured the marijuana and whether the search that found it was lawful.
Underage Possession
Anyone under 21 who possesses marijuana faces an infraction, even within the adult limit. For clients 18 to 20, that usually means a fine. We work to keep a youthful mistake from following a young person into adulthood and onto a permanent record.
Possession for Sale
Prosecutors file possession for sale under Health and Safety Code 11359 when they believe marijuana was meant to be sold. Packaging, scales, and cash often drive these charges. We push back on the assumption of intent and fight to reduce the charge to simple possession.
Possession on School Grounds
Possessing marijuana on a K-12 campus during school hours remains a misdemeanor for adults, even in legal amounts. These cases often involve students, staff, or visitors. Our team examines the timing, the location, and whether the marijuana was actually in your possession.
Cultivation Beyond Six Plants
Adults 21 and older may grow up to six cannabis plants at home. Growing more than six plants is a misdemeanor under Health and Safety Code 11358. We review whether the plant count was accurate and whether the grow was truly for personal use.
Penalties for Marijuana Possession in California
Most marijuana possession charges in California are misdemeanors or infractions, not felonies. Still, a conviction carries real penalties and a lasting record. The exact consequences depend on the charge.
Here is how California treats the most common marijuana possession offenses:
- An adult who possesses more than the legal limit faces a misdemeanor, up to six months in county jail, and a fine of up to $500.
- A person 18 to 20 faces an infraction and a fine of up to $100.
- An adult who possesses marijuana on K-12 school grounds faces a misdemeanor and a fine of up to $250 for a first offense.
- Possession for sale is a misdemeanor for most adults, with up to six months in county jail and a fine of up to $500.
Under Health and Safety Code 11359, the charge becomes a felony only in limited situations. These include certain prior serious or violent convictions, two or more prior possession-for-sale convictions, or an alleged sale to a minor. A felony conviction carries 16 months, two, or three years in county jail.
Diversion is not available for possession for sale. For simple possession, though, many clients qualify for a program that keeps a conviction off their record. We always look for that option first.
Other Consequences of a Marijuana Conviction
The sentence is only part of what a marijuana conviction can cost you. A criminal record can shape your life long after any fine is paid or jail time is served.
A drug conviction can affect:
- employment, since many background checks flag drug offenses
- housing, because landlords often screen applicants for criminal records
- professional licenses in fields like nursing, teaching, and law
- immigration status, which makes any drug charge serious for non-citizens
Non-citizens face added risk, because some drug offenses carry immigration consequences regardless of the sentence. If you are not a citizen, tell us early so we can work to protect your status. We weigh these collateral effects in every decision we make about your case.
How We Defend Marijuana Possession Charges
A marijuana charge is not a conviction. Many of these cases have weaknesses that a strong defense can expose. We start by examining how police found the marijuana in the first place.
The Fourth Amendment protects you from unlawful searches. When officers search your car, home, or person without a warrant or valid reason, we move to suppress the evidence. If the search was illegal, the case can fall apart.
We also challenge whether the marijuana was actually yours. Prosecutors must prove you knew about the drug and controlled it. Shared spaces, borrowed cars, and group settings create real doubt about possession.
Other defenses depend on the facts of your case. We may show that the amount was within the legal limit, that you held a valid medical authorization, or that the prosecution cannot prove intent to sell. For clients eligible for diversion, we pursue a path that avoids a conviction entirely.
Every defense starts with the evidence. Our team investigates, files the right motions, and holds the prosecution to its burden of proof.
Clearing a Past Marijuana Conviction in California
If you have an old marijuana conviction, California law may let you clear it. Proposition 64 did more than legalize marijuana. It also created a path to undo many past convictions that would not be crimes today.
Under Health and Safety Code 11361.8, people with prior marijuana convictions can petition the court to:
- Reduce a felony to a misdemeanor or infraction
- Have a sentence recalled and be resentenced
- Have a conviction dismissed and sealed as legally invalid
California courts must review many of these cases automatically. Even so, filing your own petition gives you the best chance at relief, because the prosecution can challenge a case the court might otherwise clear. The California Courts self-help guide explains who qualifies.
A cleared record can reopen doors to jobs, housing, and licensing. We help clients pursue this relief and move forward.
Marijuana Possession FAQs
Is marijuana possession legal in Los Angeles?
For adults 21 and older, possessing up to 28.5 grams of cannabis or 8 grams of concentrate is legal. Possessing more than that, possessing it under 21, or possessing it on school grounds can still lead to charges.
Can I be arrested for marijuana if I am over 21?
Yes. Adults can be arrested for possessing more than the legal limit, possessing marijuana for sale, or using it in prohibited places. Legalization did not remove every marijuana offense from California law.
Is possession for sale a felony in California?
Usually not. Possession for sale is a misdemeanor for most adults under Health and Safety Code 11359. It becomes a felony only with certain prior convictions or when a sale allegedly involved a minor.
Can I clear a past marijuana conviction?
Often, yes. Proposition 64 lets many people reduce, dismiss, or seal old marijuana convictions. We can review your record and tell you whether you qualify for this relief.
Do I need a lawyer for a misdemeanor marijuana charge?
A misdemeanor still creates a criminal record that can affect your job and future. A lawyer can challenge the evidence, seek diversion, or work to reduce or dismiss the charge. The stakes are higher than many people expect.
Contact a Los Angeles Marijuana Possession Lawyer
A marijuana charge in Los Angeles is not the end of the road. With the right defense, many of these cases can be reduced, dismissed, or won at trial. The sooner you act, the more options you have.
At William S. Kroger Criminal Defense Attorney at Law, attorney William S. Kroger and our team defend clients against marijuana possession charges across Los Angeles. We protect your rights, challenge the evidence, and fight for your future.
Do not face these charges alone. Call our Los Angeles marijuana possession lawyer today at (323) 655-5700 for a free case evaluation.