Definition

Possession of Marijuana while Driving under California Penal Code Section 23222 B, describes operating a vehicle, and also having active possession of marijuana – as well as without a prescription.

Since California laws regarding marijuana has shifted in some instances regarding having this substance legally for medical use, it’s important to consult with a lawyer if you’ve been arrested for this crime. 

Elements of the Crime

In order to take a Possession of Marijuana while Driving CVC 23222 B case to trial, certain elements of the crime will have to be proven. These include:

·         That the defendant has active possession of marijuana while driving

·         The defendant was aware of this possession

·         The defendant had in their possession a small quantity of less than 1 oz. of unconcentrated marijuana

Sentencing  for California Vehicle Code 23222 B

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case.

When found guilty of Possession of Marijuana while Driving, it is usually filed as an infraction, with sentencing that includes:

·         Up to $100 in fines

Legal Defenses for California Vehicle Code 23222 B

A good criminal defense attorney is able to present strong defenses for Possession of Marijuana while Driving cases under California Vehicle Code 23222 B. Some defenses include not being aware of the marijuana possession, or that the vehicle and/or marijuana belonged to someone else. Other key defenses include that the police used an illegal search to uncover the substance, or that there was a valid prescription for the possession at the time of arrest.

To  prove your innocence or get the best outcome for your case, MacGregor and Collins has successfully defended  numerous Possession of Marijuana while Driving cases. Call (949) 250-6097 to speak to a California drug crimes lawyer today.

Learn more about other California Section Penal Codes here.