Can I have marijuana in my house and own a gun? 8 Answers as of August 04, 2011

I heard that possession of one ounce or less of marijuana is an infraction in California, and not a criminal offense. The penalty for simple possession of marijuana is a fine of $100. If I legally own a gun and keep my gun locked up but also have a less than one ounce of marijuana (do not have a medical mj card) at my house, can I be charged with additional charges other than a fine of $100 for the possession of marijuana in California?

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
Even if you own a firearm legally, depending upon the actual offense charged, there may be a sentence enhancement.
Answer Applies to: California
Replied: 8/3/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
The DA can charge you with whatever crime they believe they can prove beyond a reasonable doubt. However, it appears you have a strong defense if they do file charges.
Answer Applies to: California
Replied: 8/1/2011
A.L.A. Law Group, LLP
A.L.A. Law Group, LLP | Lauren M. Mayfield
It depends, sometimes officers will use other evidence that they find along with the marijuana as evidence of sales. For example, they may believe that your gun is related to sales of marijuana, particularly if they find any amount of cash or text messages or anything else that would suggest you are keeping the marijuana for sales. But if it is in your home the police would need a warrant to search and they can only search in areas where the items indicated in the warrant may be found so if you don't consent to the search and the cops don't have a warrant they cannot legally search your home.
Answer Applies to: California
Replied: 8/1/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Even if you are otherwise legally entitled to own a gun, you risk arrest on federal drug charges for mere possession of weed. There are plenty of people in federal prisons for simple possession under federal drug rules. The PC fiction of CAs medical marijuana card, even if you had one, is not honored by the feds. PLUS, if you were to apply and fill out the paperwork to buy a gun, you have to answer NO to the question are you a drug user. You admit to being one in your post, and having the CA card would prove you are under definition of the federal law. It would be perjury to say NO to that question, subjecting you to the risk of federal felony prosecution. As to CA gun charges being brought, there is less risk with that infraction status, but not no risk. I am not about to guarantee that police and prosecutors would ignore the potential gun charges possible in combination with drug possession.
Answer Applies to: California
Replied: 7/31/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Potentially. There is a sentence enhancement for committing an offense and being armed. There is no legally possessing any amount of marijuana. Any amount is a federal offense (pun intended). There are no real standards re ho much you can posses for medical purposes in California. My opinon is that w/o a MJ card, any amount is illegal. BTW, an infraction IS a crime. There are some cops who would say that there possession of a forearm makes the possession of any amount , in their opinion, possession for sales.
    Answer Applies to: California
    Replied: 7/31/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    under the conditions you described you may own a gun.
    Answer Applies to: California
    Replied: 7/31/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    The marijuana should not be a problem unless it is alleged that it is for sale and then the gun possession can be charged as a separate enhancement and punishment.
    Answer Applies to: California
    Replied: 7/31/2011
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