Ray Hrdlicka – Host – Attorneys.Media
“You were talking about personal use. It was hard for somebody, prior to the legalization of marijuana in California, to say ’well, 12 pounds is for my personal use’. But now, there is a legitimate defense?”
Andrew Dósa – Criminal Defense Attorney – Alameda County, CA
“There is a legitimate defense. I will also say, by the way, there is now something else that works in favor of someone who is possessing that much marijuana. That is, that marijuana can be stored safely over a stretch of time. Not forever. It doesn’t mature finally, like a wine would, but it can be preserved. For example, I have a client who tells me that he preserves his marijuana by using a corn tortilla in the bag, and it keeps his marijuana fresh for months. So there’s a little tip for those in need of some help.”
Ray Hrdlicka – Host – Attorneys.Media
“Did this whole situation move from a serious felony charge down to, even a misdemeanor, well first of all a lesser felony charge, then even to a misdemeanor, correct?”
Andrew Dósa – Criminal Defense Attorney – Alameda County, CA
“Right, right. And of course, we do have another possibility. That is, present law, well the law in California before the most recent change going back a year and a half, did allow for someone who was possessing less than an ounce of marijuana to get an infraction. Now we have that as another potential fallback for the District Attorney, who may feel that a misdemeanor is not quite appropriate, but still serious enough for it not to be a dismissal. So they may then, do a default and do an infraction. Which would be perfect for someone, say who is a college student who has more weed that he or she would really want to be caught with, but has a future. So the District Attorney would consider that persons circumstances and allow that sort of scenario. If you do get the infraction, and if you do come up with another case later, where you’re possessing enough, the infraction is not available a second time.”
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