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California Vehicle Code §23222(b) Driving In Possession of Marijuana – Los Angeles

Los Angeles Defense Attorney

CA Vehicle Code §23222(b) Driving In Possession of Marijuana

California VC §23222(b) driving in possession of marijuana only pertains to marijuana that is not in a concentrated form, such as, hash; nor does it pertain to large amounts of marijuana. Unlike California Health and Safety Code §11359 Possession of Marijuana for Sale, which pertains to being caught with large amount of marijuana in your vehicle. California Vehicle Code §23222(b) punishes those who are found guilty of driving with up to 1 ounce of marijuana in their cars.

  • You may be fined up to $100
  • Court costs

Common defenses a skilled and experienced criminal defense attorney can use to fight driving in possession of marijuana charges:

  1. You are authorized to carry medical marijuana (medical marijuana card)
    • If you are legally authorized to possess cannabis/marijuana, generally because you are a medical marijuana user or caregiver.
  2. The marijuana was discovered through an illegal search and seizure
    • California has a strict set of rules that police officers must obey when searching citizens and their property. If a police officer acts violates those rules and an criminal defense attorney can successfully prove this, then any evidence that was acquired while acting illegally will generally be dismissed. Thus, if you were pulled over during a traffic violation and your vehicle was illegally searched, your attorney can use this defense in order to drop those charges.
  3. The marijuana did not belong to you
    • There are two varying degrees of possession in California: actual possession and constructive possession
      • Actual possession: you are physically carrying the drug, either in your hand, sock, shoe, pocket or something that is attached to you, like a purse or backpack.
      • Constructive possession is when drugs are found in something that you control, like your home.
    • If you were not in actual possession of the marijuana and did not know it was in the car, then generally you should have not been charged with VC §23222(b) because in order to be in possession of the drug you must know that you were in possession of the drug.

Our dedicated Los Angeles criminal defense attorneys are here to help understand your legal rights. Please call our office at (844) 522-7752 or contact us via email at [email protected]


KAASS LAW is authorized to practice law in California. The above content is intended forCalifornia residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.

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