California Marijuana Laws

Wednesday, January 4, 2012

California Marijuana Laws

As of January 1, 2011, possession of one ounce (28.5 gms) or less of marijuana is an infraction, punishable by a maximum $100 fine (plus fees) with no criminal record under Ca Health & Safety Code 11357b.

(Prior to 2011, possession of one ounce or less of marijuana was a misdemeanor, but convictions under this section are expunged from the record after two years under Health and Safety Code Sections 11361.5 and 11361.7.)

Possession of larger amounts of marijuana is a misdemeanor punishable by up to $500 and six months is jail under Health & Safety Code 11357c. Possession of hashish or concentrated cannabis is an optional misdemeanor or felony (“wobbler”) under Health & Safety Code 11357a. However, under Prop. 36 first- and second- time possession-only offenders may demand a treatment program instead of jail. Upon successful completion of the program, their conviction is erased. Possession (and personal use cultivation) offenders can also avoid conviction by making a preguilty plea under Penal Code 1000, in which case their charges are dismissed upon successful completion of a diversion program.

Possession of one ounce or less in a vehicle while driving may also be charged under Vehicle Code 23222, which is treated identically to HSC 11357 b.

No arrest or imprisonment is allowed for possession of less than one ounce of marijuana. However, police often get around this provision by charging minor offenders with felony intent to sell (see below).

(Source: canorml.org)