Transportation, Importation, Sale or Gift

LAW - LESS THAN AN OUNCE - MISDEMEANOR:

• Giving away and/or transportation of less than an ounce of marijuana for personal use is a no arrest offense with proper identification [H&S 11360(b).] The ticket issued is similar to that of a traffic violation requiring a mandatory court appearance.

PENALTY:

• Same as possession of less than an ounce. No jail. Up to $100 fine, and possible license suspension.

LAW - MORE THAN AN OUNCE - FELONY:

• To transport, import into the state, sell, furnish, or give away more than an ounce of marijuana. Bartering or exchanging for anything of value is considered “sale.” For patient’s rights and protections, refer to the “Medical Marijuana Laws” section of the guide.

PENALTY:

• Unless probation is granted, and it almost always is for first time offenders, the sentence range is 2, 3, or 4 years in state prison. Sales to or employing minors under age 14, is 3, 5, or 7 years; over 14 is 3, 4, or 5 years [ H&S Section 11361 ].
  
  Deferred entry of judgment ( DEJ ) is not available. Refer to DEJ section of this guide. Proposition 36 is an option for transportation for personal use only. Persons under age 21 will lose their driver’s license for 1 year automobile/driving related or not. Over 30 grams is a deportable offense for non-citizens.