California Health & Safety Code §11357 (b, c, a) Misdemeanor
- It is illegal to knowingly have any usable amount of marijuana under your dominion and control unless legally authorized for medicinal purposes.
POSSESSION OF LESS THAN AN OUNCE
- (28.5 grams) [11357 (b) H&S] is a misdemeanor. No booking with valid identification. A citation, similar to a traffic ticket is issued, requiring a court appearance by the defendant or his/her attorney.
Those under 21 years old will lose their driver’s license for 1 year if convicted.
- No jail sentence or probation can be imposed. The maximum penalty is a fine of $100, plus court assessments, for a total of approximately $371. Deferred Entry of Judgment (DEJ) and Drug Sentencing Alternatives are available.
POSSESSION OF MORE THAN AN OUNCE
- (28.5 grams and up) [11357 (c) H&S] is also a misdemeanor.
- The maximum sentence is up to 6 months in county jail and a fine of up to $500. Possession of over 30 grams is a deportable offense. Deferred Entry of Judgment (DEJ) and Prop. 36 are available.
POSSESSION OF CONCENTRATED CANNABIS (HASHISH)
- [11357 (A) H&S] May be charged or sentenced as a felony or misdemeanor; therefore, it is called a “wobbler.” Hashish is included under the Medical Marijuana patient’s protection.
- As a misdemeanor: maximum possible sentence up to 1 year in jail, a fine of not more than $1,000 or both. As a felony: State prison sentence ranging from 16 months, to 2 or 3 years, plus a fine up to $10,000. Those under the age of 21 will lose their driver’s license for 1 year. Deferred Entry of Judgment (DEJ) and Prop. 36 are available. Refer to the “DEJ and “Prop. 36” sections of the guide.
- Health & Safety Code 11018 “marijuana means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds of resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted there from), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.” Therefore, to possess seeds is to be in violation of the law.
JUVENILES (Up to age 18):
- All marijuana offenses, including possession, sales, possession for sale, and cultivation may be dismissed by participation in a drug education program, and community service. Otherwise, the courts can impose anything from home on probation, camp placement, or a youth authority commitment up to the maximum term of imprisonment for the offense. Minors’ records are not permanent and can be sealed. A 1 year driver’s license suspension is mandatory. There are no fines imposed in the juvenile system.
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