Marijuana charges

[ter3]

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

My 16 year old son was pulled over by police for a traffic violation, the police officer said he could smell marijuana and searched the car. My son was charged with HS11360b and VC23222. I don't really understand why the two charges or what the major difference between the two is?
What can we expect to happen from this? He has never been in legal trouble before.

 

[CdwJava]

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

My 16 year old son was pulled over by police for a traffic violation, the police officer said he could smell marijuana and searched the car. My son was charged with HS11360b and VC23222. I don't really understand why the two charges or what the major difference between the two is?
What can we expect to happen from this? He has never been in legal trouble before.

Here are the sections (CVC = California Vehicle Code, H&S = California Health and Safety Code):

CVC 23222. (b) Except as authorized by law, every person who possesses, while
driving a motor vehicle upon a highway or on lands, as described in
subdivision (b) of Section 23220, not more than one avoirdupois ounce
of marijuana, other than concentrated cannabis as defined by Section
11006.5 of the Health and Safety Code, is guilty of an infraction
punishable by a fine of not more than one hundred dollars ($100).

H&S 11360. (b) Except as authorized by law, every person who gives away,
offers to give away, transports, offers to transport, or attempts to
transport not more than 28.5 grams of marijuana, other than
concentrated cannabis, is guilty of a misdemeanor and shall be
punished by a fine of not more than one hundred dollars ($100). In
any case in which a person is arrested for a violation of this
subdivision and does not demand to be taken before a magistrate, such
person shall be released by the arresting officer upon presentation
of satisfactory evidence of identity and giving his written promise
to appear in court, as provided in Section 853.6 of the Penal Code,
and shall not be subjected to booking.​

So, it appears he was charged with possession of marijuana in a motor vehicle and transportation or offering marijuana.

These are not punishable by jail time, only fines and counseling.

You can expect to be called into court to address these concerns, or summoned to appear before a juvenile probation officer. Generally, you can expect fines, informal probation, and counseling for a minor.

I would HOPE that you are taking some drastic steps against junior for his dabbling in drugs. It is best to nip this in the bud (no pun intended0 NOW rather than later when he might be too engrossed in the marijuana lifestyle. No good can come of his involvement in smoking weed.

Keep in mind that unless he OWNS his car (and at 16 he doesn't) the owner of the car can be held liable for offenses related to it, not to mention what might happen if he or his pals left their dope in the car and you, a spouse or a sibling were operating the car and were stopped by the cops!

 

[OHRoadwarrior]

One is a vehicle code violation for possession while driving. The other is a health code possession violation.

 

[CdwJava]

One is a vehicle code violation for possession while driving. The other is a health code possession violation.

Correct ... I amended my post to reflect which was which.

 

[ter3]

Thank you for the responses.

Does 'transportation or offering' suggest they think there's more involvement in it than merely possessing it?? 'Transporting' sounds like there would be some purposeful destination for the marijuana? (vs driving around with some in the car) He had a very small amount.
What sort of probation length do you think he can expect?

Drastic steps...oh Good Lord, trust gone. And the car!
Isn't he facing license suspension anyway? Did I read that somewhere?

 

[CdwJava]

Thank you for the responses.

Does 'transportation or offering' suggest they think there's more involvement in it than merely possessing it?? 'Transporting' sounds like there would be some purposeful destination for the marijuana? (vs driving around with some in the car) He had a very small amount.

Transportation is likely what they routinely charge anyone who is traveling with it in the vehicle. There may be a reason why they charge it in your jurisdiction - could be that it allows a different form of penalty than 23222(b).

What sort of probation length do you think he can expect?

Informal probation is typically for 6 months and is done as part of a non-criminal contract. If completed, the matter goes away. But, this may be handled in traffic court and if so then it will be handled slightly differently and he may suffer only fines. The exact penalty differs in practice by county to some degree.

Drastic steps...oh Good Lord, trust gone. And the car!

Glad to hear that. Some people come on here and are more angry at the system for daring to charge their child than they are at the child for the action itself.

Isn't he facing license suspension anyway? Did I read that somewhere?

The H&S 11360 could do that, yes.

 

[ter3]

Ok, thanks. It's somewhat 'comforting' that it's probably just what they routinely charge.
So 6 months and it could be wiped? Nothing to see when/if it comes time for college applications? I'm guessing that would be a one time second chance deal!

Glad to hear that. Some people come on here and are more angry at the system for daring to charge their child than they are at the child for the action itself.

Ohh it's tempting for my darling but I guess there's reality too.

 

[CdwJava]

Ok, thanks. It's somewhat 'comforting' that it's probably just what they routinely charge.
So 6 months and it could be wiped? Nothing to see when/if it comes time for college applications? I'm guessing that would be a one time second chance deal!

If offered as informal probation through Juvenile Probation, yes, it's likely a one time deal.

And, no, if this is done by contract and not through the court, then it should not be an issue on any college applications ... though, keep in mind, that no school is going to get a copy of any juvenile court record from CA without your permission anyway. So, they'd never know unless your child self admitted the offense.