Question: Can the police arrest you if they smell marijuana on you, and then charge me with a 11357 violation?
Answer: It depends on the circumstances that led to arresting/citing you for this violation. For example, did the Officer have or allege to have “probable cause” to stop/detain you in the first place. Why did they stop you initially? Were you on foot, or were you driving and pulled over? Did they ask you any questions pertaining to whether or not you had any drugs on your person? etc.
Feel free to call me to discuss your situation further.
Philip Hache, Law Office of Philip D. Hache.