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Marijuana Possession Charges

Were you arrested for possession?

If you were arrested for possessing marijuana, we urge you to contact an Oakland drug crime attorney from The Castillo Law Office. With many years of experience, Attorney Ernie Castillo is a successful trial attorney who has represented clients in state and federal drug cases. Many of Attorney Castillo's cases are high profile cases that have been featured on CNN, FOX, NBC, CBS, ABC, and in major newspapers including the San Francisco Chronicle and the Oakland Tribune.

Attorney Castillo was selected for inclusion in the Super Lawyers® Rising Stars℠ list for 2013, and he was honored with the Client Distinction Award by Martindale-Hubbell® in the same year. If you have been charged with marijuana possession or any other drug-related offense, you can count on Attorney Castillo to aggressively defend your constitutional rights and your future.

Penalties for Marijuana Possession

While states such as Colorado have essentially decriminalized marijuana possession for personal use, California still has progress to be made in regards to marijuana reform. As of January 1, 2011, possession of 28.5 grams (one ounce) or less of marijuana is an infraction under CA Health & Safety Code 11357b.

  • Possessing 28.5 grams or less (one ounce) – Infraction, punishable by a $100 fine.
  • Possessing 28.5 grams or less, over 18 years of age, and the offense occurred on school grounds – Misdemeanor, punishable by 10 days in jail and $500 in fines.
  • Possessing 28.5 grams or less, under 18 – Misdemeanor, punishable by a fine up to $500 or commitment to a detention center for a maximum of 10 days.
  • Possessing over 28.5 grams – Misdemeanor offense, punishable by up to 6 months in jail and a $500 fine.

Gifting 28.5 grams or less of marijuana is a misdemeanor, punishable by a $100 fine. Possessing any amount of marijuana with the intent to distribute is a felony, punishable by 2 to 4 years in prison, and when an adult (over 18) sells marijuana to a minor between the ages of 14 and 18, it is a felony, punishable by 3 to 7 years in prison.

Cultivating any amount of marijuana is a felony in California, punishable by 16 months to 3 years in a California prison.

Contact an Oakland drug crime attorney today!

Depending on the nature of your charges, you could be facing a host of consequences including incarceration, drug rehabilitation and community service. With our aggressive defense attorney by your side, you can rest easier knowing that we are working hard to get your charges and penalties reduced if not dismissed!

If you have been arrested on drug-related charges, we urge you to contact Oakland Drug Crime Lawyer, Ernesto Castillo right away to schedule a free case evaluation.

Hear it From A Few
Of Our Clients

  • I would highly recommend Mr Castillo to anyone.

    “Mr Castillo represented me on a criminal case in which I was falsely accused in 2012. He took over the case from a previous lawyer who was less aggressive and not actively pursing my defense. Mr Castillo is a confident, aggressive and very persistent lawyer. He kept my family and I up to date on the case and also returned our calls on time. Mr Castillo persuaded me not to take any deal and wanted take the case to trial because he was confident that he would win. With the Lord's guidance and Ernie's aggressiveness my case was dismissed. I would highly recommend Mr Castillo to anyone.”


  • I would recommend Mr. Castillo without any reservation.

    “Ernie Castillo was highly recommended to us. I researched and interviewed a few attorneys before making a decision of who we were going to select. It's so tough selecting when you're skeptical with the horror stories of attorney's not feeling the passion for their work but the money. After long conversations my husband and I decided to go with Ernie to represent our son in a serious case with multiple charges. We were not disappointed at all. Mr. Castillo expertise exceeded our expectations. His was thorough, he kept us up to date on the case, answered all our questions, returned our calls in a timely manner, he's truly a genuine and sincere person. Most of all his knowledge in handling the case was remarkable. I can't express thanks enough to Ernie for the spectacular job he did defending my son who was facing years in jail. He took a stressful situation and relieved it with a positive outcome. I would recommend Mr. Castillo without any reservation.”


  • I can't thank Ernie enough for investing his time and sincere efforts to helping my family out. He truly is a master of his craft.

    “A few years back, Ernie Castillo represented a family member of mine who was charged with a vehicular offense. Although minor compared to the high profile cases Ernie is accustomed to, Ernie took the case with the utmost professionalism and was able to reduce the charge so that my family member's record was not affected. I can't thank Ernie enough for investing his time and sincere efforts to helping my family out. He truly is a master of his craft.”