Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
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Ask a Criminal Defense Attorney: Learn About California Laws Regarding Synthetic Cannabis

Cannabis substitutes are created from synthetic cannabinoids, sometimes known as synthetic cannabis. These products claim to have the same benefits as marijuana while avoiding drug tests, but they can also have very negative side effects. Synthetic cannabis is far more potent than marijuana, therefore its effects can be unexpected and harmful. Vomiting, anxiety, paranoia, hallucinations, seizures, organ damage, and in severe cases, even death, are common side effects of using these drugs.

Every year, new synthetic cannabis products are produced and put on the market, numbering in the hundreds. These goods have long been available for purchase online, in stores that sell drug paraphernalia, and even at gas stations. Manufacturers sought to circumvent these restrictions after they were outlawed by changing the chemical composition of their goods.

Synthetic cannabis has become more and more popular over the years due to the fact that consumers frequently assume, incorrectly, that these products are safe and legal. Keep reading to learn more about the charges that can arise from buying, selling, or using synthetic cannabis. Then contact Law Office of Michael L. Fell at (949) 585-9055 if you require a free legal consultation.

Sanctions for synthetic marijuana

Contrary to common opinion, California and a number of other states in the United States do not allow the use of synthetic cannabis. In reality, synthetic marijuana is categorized as a Schedule I substance, meaning it is thought to be very harmful and is subject to severe punishment.

Every person who sells, dispenses, distributes, furnishes, administers, or gives any synthetic cannabis substance, or who possesses it for sale, is in violation of California Health and Safety Code Section 11357.5. The following are the consequences for breaking this section: $1,000 in maximum penalties and six months or more in a county jail.

Additionally, it is a public violation for anybody to consume or possess any synthetic cannabis substance. The crime may be classified as an infraction or a misdemeanor depending on your criminal record, and the punishments may change accordingly. For a first offense you will be fined up to $250. For a second offense, you could be charged with a misdemeanor punishable by up to $500 in penalties and/or up to 6 months in county prison, or an infraction punishable by up to $250 in fines.

For a third or later offense, you could be charged with a misdemeanor that carries a maximum $1,000 fine and/or a maximum six-month county prison sentence.

Defense options against charges related to synthetic cannabis

If your lawyer can demonstrate that one of the requirements was not satisfied, he may be able to get the charges against you reduced if you were arrested for selling or having synthetic cannabis. First of all, one of the chemical components mentioned in California Health and Safety Code Section 11357.5 had to be present in the synthetic cannabis product. You cannot be prosecuted with this violation if the product did not include one of the mentioned compounds.

The government constantly adds new substances to this list, so even though a certain synthetic product is currently allowed, it can become illegal in the future. Additionally, your lawyer can try to compile evidence to show that you weren't in possession of the cannabis since you weren't carrying it around or having it within reach.

Entrapment is a legal defense against criminal charges, but it is based on certain interactions between the police officer and the offender prior to the claimed activity. An officer must genuinely act in a way that would drive even a law-abiding civilian to commit the crime rather than merely giving someone a chance to do so. You might be able to invoke entrapment as a defense, for instance, if an undercover police officer forcefully presses you into selling a synthetic cannabis product.

Contact an attorney if you are facing drug charges

If you are facing these or other drug-related charges, contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation with an experienced attorney.