• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Drug charge in college

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Nick258

Junior Member
What is the name of your state (only U.S. law)? California

I was caught in college on a California campus with under a ounce of marijuana, and I am 19 years old. I wanted what I should do, I have a court date, and I want to know what can happen, like will I be fined, put in jail, and if it will go on my permanent record.
 


TigerD

Senior Member
What is the name of your state (only U.S. law)? California

I was caught in college on a California campus with under a ounce of marijuana, and I am 19 years old. I wanted what I should do, I have a court date, and I want to know what can happen, like will I be fined, put in jail, and if it will go on my permanent record.
Depending on how much weed - You could be fined. You could be put in jail. You could be expelled from school and barred from receiving any financial aid.

Realistically, you will most likely be fined, probation, possibly community service... But the collateral consequences of this are very serious.

Go get a lawyer.

http://norml.org/laws/item/california-penalties

DC
 
B

Blutodidit

Guest
What is the name of your state (only U.S. law)? California

I was caught in college on a California campus with under a ounce of marijuana, and I am 19 years old. I wanted what I should do, I have a court date, and I want to know what can happen, like will I be fined, put in jail, and if it will go on my permanent record.
In California, since 2011, being caught with one ounce or less of marijuana, is an infraction and results in a fine of about 100.00 maximum. If you add the fees, it could cost you close to 500.00, however, there will be no criminal record. You are lucky you didn't get caught with more than an ounce, because that is a misdemeanor and the fine goes up substantially. You could also do time in jail, so you might want to count your blessings.
 
B

Blutodidit

Guest
Depending on how much weed - You could be fined. You could be put in jail. You could be expelled from school and barred from receiving any financial aid.

Realistically, you will most likely be fined, probation, possibly community service... But the collateral consequences of this are very serious.

Go get a lawyer.

http://norml.org/laws/item/california-penalties

DC
Nick was caught with less than an ounce of Pot. It is only an infraction and will not result in probation or community service. Realistically, he does not even need to hire an Attorney because an infraction isn't regarded as something that is serious.
 
Last edited:

TigerD

Senior Member
OP - here: http://studentaid.ed.gov/sites/default/files/2014-15-student-aid-eligibility-drug-worksheet.pdf

Bluto didn't state whether a college campus counted as a school for California's possession law. I don't know. But you need to.

DC

## Added ##
Or whether there is a "school" on the college campus.

Regardless - the collateral consequences on the OPs ability to fund his education are potentially significant. And talking to a lawyer when one is facing criminal charges is never a bad idea.
 
Last edited:
B

Blutodidit

Guest
OP - here: http://studentaid.ed.gov/sites/default/files/2014-15-student-aid-eligibility-drug-worksheet.pdf

Bluto didn't state whether a college campus counted as a school for California's possession law. I don't know. But you need to.

DC
I think I read somewhere that possession of an ounce or less of Pot near a grade school or high school in California, results in a Misdemeanor and stricter fines. Haven't heard whether that is the case on a college campus, though. Also, if you get charged with a misdemeanor (in California), it goes on your record and then drops off after 2 years. As I said, an infraction doesn't, but if someone wanted to look at public record, they could probably find it filed away in court papers.
 

quincy

Senior Member
On my citation it states infraction, and under and ounce of weed.
Well, that is good news for you. You will still have to pay a $100 fine, but you will not have a criminal record. And you should not need an attorney.


Just a few notes on what has been said previously (but none of this appears to apply to you, Nick258):

Under California's law, "school" refers to K through 12 and not college campuses (see Health and Safety Code 11357d). You cannot have marijuana (even less than an ounce) when on a school bus, and you cannot have marijuana (even less than an ounce) when in, or within 1000 feet of, a school (or recreation/youth center) - unless you are in a residence.

Also, having less than an ounce of marijuana does not necessarily mean you will wind up with the infraction and escape criminal charges. If there is any indication that you are selling marijuana (scales, pagers, large amounts of cash) or giving away marijuana, you can still be charged with a misdemeanor. And you cannot transport marijuana in a vehicle.
 
Last edited:

CdwJava

Senior Member
Thank You guys for your help I was really scared and worried the code and section: 11357(6)pc
There's no such offense ... could it be H&S 11357(d)? If so, then it will likely be modified to (b) for simply possession punishable by a fine as (d) is not applicable unless the campus also has K-12 programs on site and in session.
 

quincy

Senior Member
There's no such offense ... could it be H&S 11357(d)? If so, then it will likely be modified to (b) for simply possession punishable by a fine as (d) is not applicable unless the campus also has K-12 programs on site and in session.
The letter "b" can be written to look like the number "6." It sounds very much from what Nick says that he was charged with the possession infraction, punishable by the $100 fine.
 

CdwJava

Senior Member
The letter "b" can be written to look like the number "6." It sounds very much from what Nick says that he was charged with the possession infraction, punishable by the $100 fine.
Quite probably ... though I have seen (d) accidentally charged in college situations by non-college cops. But, you're probably right about it being (b).
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top