23222(b) question

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

My friend was recently cited with violation 23222(b) which is possession of marijuana while driving. He wants to know what will happen as he is not on any kind of probation, but has had prior felony drug convictions. It is a misdemeanor, and not an infraction. He told the officer that he had a medical marijuana card although he didn't. Does this have any bearing on his case? Does he have anything to worry about besides the $100 fine?

Thanks so much for any advice guys, much appreciated and just trying to help my friend out.

If he pleads guilty and pays the fine, he will also receive a point on his driving record. Also, if he's under 21, he could have his license suspended (or just restricted if the judge determines he needs transportation for school or work). There may be a chance that he would get a diversion program offered, but given the severity of the charge and prior convictions, it's probably not likely.

Him lying about a medical card shouldn't matter. He was given a citation anyways and now he will enter a plea at his arraignment. The judge at the arraignment has no idea what he said when he was cited. The judge just knows what he was charged with and wants to accept his plea.

It also seems that this misdemeanor, although being marijuana related, doesn't clear off your record after 2 years (I'm presuming because it's under the vehicle code and not the H&S code). I made a thread about this charge and asked some questions about how it would affect my future, it might be worth reading: https://forum.freeadvice.com/drug-charges-28/vc-23222-b-my-criminal-record-535094.html

H&S 11357(b) will purge after 2 years, CVC 23222(b) will not.

His lie about a medical marijuana card or recommendation will have no bearing on the possession unless brought up to cast doubt on any statements he might make later (as it might tend to show that he is a liar).

Bottom line is that he faces a $100 fine plus about double that in assessments and penalties. He would also suffer a one point hit on his license.