Marijuana Laws in California

Posted over 2 years ago. Applies to California, 2 helpful votes

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1

Simple Possession of Less than 28.5 Grams - Infraction

Under Health & Safety Code (HS) section 11357(b), possession of under an ounce (28.5 grams) of marijuana is an infraction punishable by a fine of $100. There is a one year license suspension for an individual under 21 years of age.

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Simple Possession of More than 28.5 Grams - Misdemeanor

Under HS 11357(c), possession of more than an ounce (28.5 grams) of marijuana is a misdemeanor punishable by a fine and possible jail sentence (in most counties, custody is unlikely). A Fourth Waiver may be imposed as a condition of probation. There is a one year license suspension for an individual under 21 years of age.

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Possession of Drug Paraphernalia - Misdemeanor

Under HS 11364, possession of "drug paraphernalia" is a misdemeanor punishable by a fine and possible jail sentence (in most counties, custody is unlikely). A Fourth Waiver may be imposed as a condition of probation. "Drug paraphernalia" may include a pipe used for smoking marijuana. However, a pipe used for smoking tobacco is not illegal. There is a one year license suspension for an individual under 21 years of age.

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Possession of Marijuana While Driving - Misdemeanor

Under Vehicle Code (VC) section 23222(b), possession of marijuana in a vehicle while driving is a misdemeanor punishable by a fine and possible jail sentence (in most counties, custody is unlikely). There is a one year license suspension for an individual under 21 years of age.

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Possession of Concentrated Cannabis - "Wobbler"

Under HS 11357(a), possession of any amount of concentrated cannabis (hashish) is a "wobbler", meaning it can be charged as either a misdemeanor or a felony. As a misdemeanor, a defendant is facing a fine and possible jail sentence (unlikely in most counties). As a felony, a defendant is facing 16 months to three years in prison. In most cases, an individual will be eligible for formal probation and local jail or an alternative to custody. A Fourth Waiver may be imposed as a condition of probation. There is a one year license suspension for an individual under 21 years of age.

6

Possession for Sale - Felony

Under HS 11359, possession of any amount of marijuana with the intent to sell is a felony punishable by 16 months to three years in prison. As a nonreducible felony, an individual is not eligible for a Drug Diversion Program or Deferred Entry of Judgment. A Fourth Waiver may be imposed as a condition of probation. There is a one year license suspension for an individual under 21 years of age.

7

Sale of Marijuana - Felony

Under HS 11360(a), sale of any amount of marijuana is a felony punishable by two to four years in prison. As a nonreducible felony, an individual is not eligible for a Drug Diversion Program or Deferred Entry of Judgment. A Fourth Waiver may be imposed as a condition of probation. There is a one year license suspension for an individual under 21 years of age. It warrants mention that giving away less than one ounce (28.5 grams) is a misdemeanor.

8

Transportation of Marijuana - Felony

Under HS 11360(a), transportation of any amount of marijuana is a felony punishable by two to four years in prison. As a nonreducible felony, an individual is not eligible for a Drug Diversion Program or Deferred Entry of Judgment. A Fourth Waiver may be imposed as a condition of probation. There is a one year license suspension for an individual under 21 years of age. It warrants mention that transportation of less than one ounce (28.5 grams) is a misdemeanor.

9

Cultivation/Processing of Marijuana - Felony

Under HS 11358, cultivation or processing of any amount of marijuana is a felony punishable by 16 months to three years in prison. As a nonreducible felony, an individual is not eligible for a Drug Diversion Program or Deferred Entry of Judgment. A Fourth Waiver may be imposed as a condition of probation. There is a one year license suspension for an individual under 21 years of age.

Additional Resources

California Health & Safety Code

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