San Diego Marijuana Defense Lawyer

Legal Doesn’t Mean Risk-Free — Know Your Rights and Defend Your Freedom

California has some of the most progressive marijuana laws in the country. Recreational use is legal for adults 21 and over, and medical marijuana has been available for years. But despite the appearance of widespread legalization, marijuana-related criminal charges are still filed every day in San Diego County.

Whether it’s unlawful possession, unauthorized sales, unlicensed cultivation, or allegations of driving under the influence of cannabis, marijuana offenses can still carry serious consequences—including arrest, fines, probation, and in some cases, jail time. And for juveniles, non-citizens, and those with prior records, even minor marijuana charges can have a major impact on their futures.

If you’ve been charged with a marijuana offense, San Diego marijuana defense lawyer Anthony Z. Vargas, Esq., is here to help. Anthony brings years of courtroom experience, a practical approach, and an unwavering commitment to defending your rights at every stage of the case.

Marijuana Is Legal—But With Limits

Under California’s Control, Regulate and Tax Adult Use of Marijuana Act (Prop 64), it is legal for adults aged 21 and over to possess up to 28.5 grams (about one ounce) of marijuana, possess up to eight grams of concentrated cannabis (e.g., wax or oil), or grow up to six marijuana plants for personal use, as long as the cultivation is done at a private residence in a locked, enclosed space.

But this legalization comes with a long list of restrictions. Violating these rules—intentionally or not—can still result in criminal charges. Common scenarios where legal cannabis use crosses the line into criminal conduct include:

Possessing more than the legal limit
Possessing marijuana under the age of 21
Smoking or consuming cannabis in public
Driving while under the influence of marijuana
Selling marijuana without a state license
Transporting large amounts without a commercial permit
Possession on school grounds or federal property

Even small missteps can lead to arrest, and in some cases, prosecutors may file multiple charges for the same incident—such as illegal possession and transportation, or unlicensed sale and intent to distribute.

Unlawful Sale and Distribution

One of the most common marijuana-related charges today involves the unlicensed sale or gifting of cannabis products. Even if you’re sharing marijuana with friends or acquaintances without payment, the law may interpret that act as distribution—especially if you were carrying more than a personal amount or had packaging materials, scales, or other items suggesting commercial activity.

Selling marijuana without a license can be charged under Health & Safety Code §11360, a felony punishable by up to four years in prison. And if the sale is alleged to have involved a minor, or occurred near a school or youth center, sentencing enhancements may apply.

Anthony Vargas understands the difference between casual use and criminal conduct, and he knows how to challenge the state’s assumptions when the facts don’t line up with the charges.

Cultivation Offenses

While personal cultivation of up to six plants is legal, growing more than that—even for your own use—can result in criminal charges. Cultivation outside of your private residence, cultivation visible to the public, or growing in a way that violates local zoning rules may all be grounds for prosecution.

Unlicensed large-scale grows are treated especially seriously. These cases may involve allegations of environmental damage, electricity theft, or drug trafficking—and they often trigger aggressive law enforcement action, including property raids and asset seizures.

If you’ve been accused of illegal cultivation in San Diego County, Anthony Vargas can step in to protect your rights, challenge the scope of the search, and seek reduced charges or dismissal where appropriate.

Marijuana DUI Charges

Driving under the influence of marijuana is illegal, even though there is no fixed legal limit for THC in the bloodstream under California law. Unlike alcohol, marijuana affects individuals differently and can remain in your system long after the intoxicating effects wear off.

As a result, marijuana DUI cases often rely heavily on subjective observations by police officers, field sobriety tests, and drug recognition expert (DRE) testimony. Blood tests may be used, but they don’t prove impairment—only the presence of THC.

Anthony Vargas knows how to challenge weak DUI marijuana cases, particularly when the arrest is based on questionable judgment calls or faulty testing. His cross-examination skills and understanding of DUID case law can make a critical difference.

Penalties for Marijuana Offenses

The penalties for marijuana offenses depend on a variety of factors, including age, prior criminal history, and the specific charge. Examples include:

Infraction or misdemeanor charges for minor possession or public consumption
Felony charges for unlicensed sale, transportation, or large-scale cultivation
Probation, community service, or diversion programs for first-time or low-level offenders
Deportation risks for non-citizens, even for charges that seem minor
Permanent criminal records, which can affect employment, housing, and licensing

With the right legal strategy, many of these charges can be dismissed, reduced, or resolved without jail time. In some cases, your attorney may be able to get you into a diversion program or negotiate a favorable plea that avoids a conviction altogether.

Your Rights Still Matter—Use Them

If you’re facing marijuana-related charges, don’t assume it’s “no big deal” just because cannabis is legal. The stakes are real, and the impact of a criminal conviction can be long-lasting. If police approach you about a marijuana investigation:

Stay calm and polite
Do not consent to searches
Do not answer questions without a lawyer present
Call Anthony Z. Vargas as soon as possible

What you say and do in those early moments can shape the entire case. The sooner you involve a defense attorney, the better your chances of protecting your record and your future.

Talk to a San Diego Marijuana Defense Lawyer Today

Marijuana may be legal, but that doesn’t mean you’re safe from prosecution. If you’re being investigated or have already been charged, contact Anthony Z. Vargas, Esq., right away. He will listen without judgment, explain your rights and options, and fight to protect your freedom from day one.

Call our San Diego marijuana charge lawyer today and start building your defense with confidence.