Is it a felony to smoke marijuana on school grounds in California? 5 Answers as of December 15, 2010

Is having drug paraphernalia and smoking on school grounds a felony?

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Law Offices of Ryan P. Murphy
Law Offices of Ryan P. Murphy | Ryan P. Murphy
That depends on the circumstances. I would need more facts to give you an informed answer.

Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
Answer Applies to: California
Replied: 12/15/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Depending upon the facts and how it is charged, it could be a misdemeanor or a felony. Paraphernalia could boost it out of simple misdemeanor possession status. If charged with a felony, you face potential prison time if convicted. As a misdemeanor, then up to a year in jail. When arrested and charged with a crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it cannot be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion or decent outcome through plea bargain for you, or take it to trial. If serious about doing so, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the
Public Defender.
Answer Applies to: California
Replied: 12/14/2010
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
No there are specific misdemeanor sections for such offenses.
Answer Applies to: California
Replied: 12/14/2010
The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
Smoking marijuana, assuming you are not in possession of over 28.5 grams at the same time, and possession of paraphernalia on school grounds, are only misdemeanors.
Answer Applies to: California
Replied: 12/13/2010
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
No. It would be a misdemeanor.
Answer Applies to: California
Replied: 12/13/2010
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