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  1. #1
    Join Date
    Feb 2009
    Posts
    2

    Default 2nd Marijuana Possession - Complex

    My question involves criminal law for the state of: California

    OK - here is the run-down... It's lengthy - oh so sorry in advance!

    My now 18 year old son (yep, I still gotta claim him because I grew him) was , until recently, in the process of completing a 6-month drug diversion program for possession of MJ as a minor. He also was the proud owner of an Evading Arrest Charge that got assigned to probation. The probation officer had him write an apology letter to the officer and, put him on six-months probation with the caveat that he also successfully complete the six-month program for the MJ charge.

    Well, my loving son has since turned 18 and did not complete the six-month drug program and now is the proud owner of ANOTHER possession of marijuana (under 28gm) charge.

    He is calling the probation officer on Monday to confess, and enrolling in another Drug Program immediately but his Completion Certificate filing deadline is less than six-months away now since he "burned" up time already, not to mention that he got another possession charge (now as an adult) in the meantime.

    You know what the definition of addiction is? That despite increasing negative consequences, the behavior continues......

    If you can follow his sticky situation (sticky from all the resin I am certain), what probable sentences do you think he will be given. Any responses appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: 2nd Marijuana Possession - Complex

    The only real penalty for marijuana possession a fine of $100 plus fees and assessments. He's not going to jail for any of this - even if he never completes his treatment program.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Feb 2009
    Posts
    2

    Default Re: 2nd Marijuana Possession - Complex

    DARN... No harsh consequence... Final question, do the juvenile courts and adult courts communicate efficiently when there are unresolved charges as a minor then new charges right after a person turns 18? He was to stay trouble free for 6-months and this new possession charge is within that time. My parental interest is the charges as a minor since we still have to be involved in those. He has to shoulder the new charge on his own.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: 2nd Marijuana Possession - Complex

    Quote Quoting cocolet
    View Post
    DARN... No harsh consequence...
    Nope. Marijuana is effectively legal in CA ... almost. It is also the only crime I am aware of that is automatically purged (i.e. destroyed) after two years.

    A minor in possession of cigarettes tends to receive a harsher penalty than a minor in possession of marijuana - go figure. For one thing, the cigarette possession charge doesn't automatically go away after two years, for another, the juvenile often has to do community service or attend classes as a result of the offense. So, when I find juveniles with marijuana, they get cited also for the rolling papers or the pipe (as tobacco paraphernalia) as that holds them accountable for something.

    Final question, do the juvenile courts and adult courts communicate efficiently when there are unresolved charges as a minor then new charges right after a person turns 18?
    Some do a better job than others.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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