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Marijuana Defense

Summary: This page covers WHAT IS THE LEGAL DEFINITION OF MARIJUANA?, POSSESSION OF AN OUNCE OR LESS, WHAT IS AN INFRACTION?.

*The legal landscape of marijuana criminal defense is extremely volatile; laws are quickly changing. As such, the information contained in this page should not be taken as legal advice, to be legally accurate, and should not be used with the purpose of constructing a legal defense. If you are facing criminal prosecution for a crime related to marijuana, do not talk to anyone about your case until you have spoken to Criminal Defense Attorney Ms. Johnson-Norris.

Marijuana is defined and classified as a Schedule 1 controlled hallucinogenic substance under the California Uniform Controlled Substances Act. Although it is legal for recreational use in Colorado and Washington, marijuana remains illegal for that particular type of use in California. Additionally, marijuana purchased in Colorado or Washington is not legal in neighboring states, or any other state, for that matter, other than the state in which it was purchased. Transporting marijuana purchased in Colorado or Washington to another state is a federal crime.

“Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. Health and Safety Code, Section 11018.

POSSESSION OF AN OUNCE OR LESS

Possession of an ounce (28.5 grams) or less of marijuana is an infraction, similar to a traffic ticket.

Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100). Health and Safety Code, Section 11357(b)

In addition to the fine, various fees are often added, which can increase the cost of the infraction to more than $400.

WHAT IS AN INFRACTION?

An infraction is similar to a traffic citation and carries a fine. An individual can contest an infraction before a judge, but not before a jury. Many citations either are, or can be reduced to infractions.

An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury. A person charged with an infraction shall not be entitled to have the public defender or other counsel appointed at public expense to represent him or her unless he or she is arrested and not released on his or her written promise to appear, his or her own recognizance, or a deposit of bail. California Penal Code, Section 19.6

Conviction of an infraction for possessing an ounce or less of marijuana for personal use does not appear on an individual’s criminal record. However, the court retains the record for two years.

Contact the Johnson Criminal Law Group if you need legal representation to defend this charge.

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Mr. R was charged with embezzling close to $100,000 as a utility salesperson using a scheme to steal customers’ identities. Client avoided any jail time and received probation.

Mr. P was charged with embezzling equipment from John Wayne Airport while working as a contractor. Our office negotiated a civil compromise, resulting in the dismissal of felony charges and sealing his arrest record.

Mr. W. was charged with eight counts, including domestic violence, child endangerment, and criminal threats. Our office negotiated an offer of one year in therapy and then a dismissal of all charges.

Mr. H. was found by police passed out in his vehicle with drugs out in the open. Our office was successful in obtaining a diversion out of the criminal justice system and ultimately a dismissal.

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I would highly recommend Ms. Johnson-Norris. She and her staff were knowledgeable, very personable, and sensitive to my personal situation. They kept me informed at every turn and were easily contacted whenever I had a question or concern. Additionally, Ms. Johnson-Norris successfully attained what I felt was a favorable outcome. She provided me with approachability and results, enabling me to move on and put the past behind me. Thank you, Ms. Johnson-Norris for everything, especially a huge sigh of relief!

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I hired Lauren Johnson-Norris when social services showed up at my door asking questions after my husband and I got into an argument. I didn’t understand why they were there and everything was so overblown. They threatened to put my kids in foster care. Ms. Johnson-Norris created a plan to keep my family together, to keep us all safe and to help us get out of the system quickly. She was compassionate and as smart as can be. Her fees were reasonable, I could always get her on the phone and it was such a relief to know that she was on our side. If you or your family ever run into trouble with social services, I strongly recommend calling her. I am so thankful.

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Ms. Johnson-Norris represented my wife and me in a motion for relative placement of our grandchild. This was part of a nightmarish case involving the SSA, a corrupt and broken system rife with cronyism, ineptitude and conflicts of interest. Ms. Johnson-Norris was recommended to us as an expert in this area and we are so grateful to her for how she helped us. I’m experienced in dealing with attorneys in commercial and civil issues through my career, but dependency court is a bizarre world where normal rules and rights do not apply. In OC, it is a closed system filled with bias, and outsiders are at a disadvantage. Ms. Johnson-Norris is highly respected in this world and highly effective. She is always professional and an excellent communicator, never failing to return calls and emails promptly as we navigated this valley of terror. She was always prepared with thoughtful, intelligent, reasonable, and realistic counsel. She continues to guide, represent, and help us as things wrap up. I can’t recommend her highly enough. She is highly credible and experienced in this area of law, and there are not many who are. We are so glad she represented us. Her guidance and insight were invaluable to our family, and her teaming with the other counsel for our family was highly effective.

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Lauren Johnson-Norris is extremely knowledgeable in family court. She communicates with you as a client and is realistic in your options and outcomes. She helped us get our kids returned to us and sort through the maze of dependency court and social services.

Karen I., a Juvenile client

Ms. Johnson-Norris is an aggressive, professional and effective attorney. Thank you for your legal assistance. Her follow-through is to be commended, and she always returns phone calls and quickly replies to email. The outcome would not have been the same without Ms. Johnson-Norris as my attorney. I would highly recommend Ms. Johnson-Norris to friends and family in need of legal advice. Thank you!

M.B., a Family client

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Criminal Defense FaQ

What immediate steps will you take to protect my rights?

We provide immediate crisis command by reviewing the allegations against you and intervening with law enforcement to prevent further exposure. From the moment you retain the Firm, we act as your shield, managing all communications and executing a decisive strategy to protect your liberty and reputation.

We prioritize discretion and exposure management. We understand that a public allegation can be as damaging as a conviction; therefore, our strategy focuses on minimizing the visibility of your case while challenging the prosecution’s narrative to preserve your standing in the community.

We begin by meticulously reviewing the allegations to determine if the conduct even constitutes a crime under the law. We then scrutinize the prosecution’s evidence against the highest standard — proof beyond a reasonable doubt. By analyzing the “who, what, when, where, and how,” we identify the natural questions a jury will have, allowing us to build an expert strategy that derails the prosecutor’s narrative.

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Yes, our firm offers comprehensive legal services in Orange County with a unique focus on “crossover” cases where criminal and juvenile law intersect. Johnson Criminal Law Group provides the specialized expertise necessary to navigate investigations that threaten parental rights and family stability.

When you partner with Johnson Criminal Law Group, you receive 24/7 responsiveness and a clear, strategic plan designed to resolve your legal emergency decisively. We balance aggressive defense strategies with genuine human connection, ensuring you are treated with the respect and transparency you deserve during a crisis

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