The Los Angeles Criminal Defense Attorney – (Drug Crimes) California Marijuana Laws
California has established several laws to prevent any criminal activities related to marijuana. It would be best to learn about laws related to marijuana in California to know your rights once you are arrested for violating them. Even so, you cannot navigate these complicated laws without the help of a defense attorney. At The Los Angeles Criminal Defense Attorney, we have an in-depth understanding of California marijuana laws. We are eager to help our clients achieve the best possible results in their marijuana-related charges.
Marijuana Laws in California
In California, marijuana laws have drastically changed over the years, starting from the decriminalization of possession until recent changes that involved adult use of marijuana. Over these years, several bills have come to pass and have brought several restrictions to California residents. Here is a detailed view of California marijuana laws.
Health and Safety Code 11357: Marijuana Possession for Personal Use
Under Health and Safety Code 11357, anyone aged 21 and older can possess up to 28.5 grams of marijuana for personal use. This law came into effect on 1st January 2018. Under this law, marijuana can only be consumed or smoked in private, with the property owner’s consent. Therefore, your employer or landlord can prohibit the use of marijuana in a workplace or property in which you reside.
This law’s passing does not mean that anyone can smoke marijuana in places where tobacco smoking is prohibited. Crimes Related to Possession of Marijuana for Personal Use and their Penalties. Although marijuana possession for personal use is legal in California, there are several ways you can violate Health and Safety Code 11357. The following are some of the crimes associated with this statute.
- Possession of Marijuana by a Minor
If anyone below 21 years is found to be possessing marijuana or concentrated cannabis, this becomes a California infraction. An infraction does not attract prison or jail time, but might subject the defendant to the following:
- A maximum fine of $100 if the defendant is 18 years and above
- 4 hours of counseling or drug education and a maximum of 10 hours of community service for the first time under 18 offender
- 6 hours of counseling or drug education and a maximum of 20 hours of community service for a second time under 18 offender
- Possession of More than 28.5 grams of marijuana
Since Health and Safety Code 11357 allows possession of 28.5 grams of marijuana for personal use, possession of more than this quantity makes it a California offense. Excessive possession of marijuana for adult defendants or anyone aged 18 years of above is a California misdemeanor. The potential penalties include:
- A county jail sentence for six months
- A maximum fine of $500
If the defendant is a minor or aged below 18 years and is found to possess excessive marijuana, this becomes a California infraction. The potential consequences include attending drug counseling sessions and performing community service.
- Possession of Marijuana on a School Ground
Health and Safety Code 11357 also prohibits marijuana possession inside or on a K-12 school ground during school hours or after-school programs. The potential penalties for violating this rule include:
- A maximum fine of $250 for a first offense
- Drug treatment and community service for a defendant below 18 years
Health and Safety Code 11358: Marijuana Cultivation Laws
Health and Safety Code 11358 outlines everything to do with illegal cultivation of marijuana in California. However, this statute makes it unlawful to cultivate marijuana only by violating the rules that have been provided for the cultivation of marijuana for personal use under Proposition 64.
Under Proposition 64, it is legal to cultivate marijuana for recreational use if the grower is aged 21 years or older and cultivates a maximum of six plants. The cultivator must also follow all local ordinances and not grow more than six plants in a single private residence.
This statute restricts partners or spouses who share a residence from cultivating more than six plants. Therefore, they should not have twelve plants, since this will be a violation of this statute. The term “cultivate” includes several activities such as planting, cultivating, harvesting, drying or processing marijuana or any of its parts. Proposition 64 also permits people to grow the weed indoors or on their private property, in a locked space, and somewhere the plants are invisible to the public.
Penalties for Illegal Cultivation of Marijuana
Anyone accused of illegal marijuana cultivation is at risk of facing criminal penalties, receiving drug treatment, and can petition for resentencing under Prop 64.
- Criminal Penalties for Violating Health and Safety Code 11358
It is an infraction for someone aged 18-21 years to grow weed. This crime is punishable by a fine of up to $100. If you are 21 years or older and are found to be growing more than six plants, this becomes a California misdemeanor. The possible consequences include a maximum of six months in county jail and a maximum fine of $500.
You can face a California felony charge in certain situations. These situation includes cultivating more than six plants and:
- Having a history of a severe violent felony on your record
- Are a registered a California sex offender
- Have two or more prior convictions under this statute
- Have violated specific environmental laws while cultivating marijuana
A felony penalty puts you at risk of a sentence of a maximum of three years in county jail and a maximum fine of $10,000.
- Drug Treatment
According to Penal Code 1000, some defendants convicted for illegal marijuana cultivation can postpone their sentences to complete a drug treatment program known as the Deferred Entry of Judgement. A person is eligible for DEJ if he was arrested for cultivating excess weed and has no prior conviction.
- Resentencing Under Proposition 64
There were harsher penalties for illegal cultivation of marijuana before the passing of Proposition 64. Fortunately, defendants convicted before the law can apply for resentencing or dismissal of their charges. However, the court should presume that the defendant meets the criteria needed for resentencing and grant it unless it creates a risk to the public’s safety.
In most cases, resentencing under Prop 64 allows the release of the offender from jail.
Health and Safety Code 11359: Marijuana Possession with Intent to Sell
The passing of Proposition 64 or Adult Use of Marijuana Act only allows marijuana possession for personal use. Therefore, possession for sale is restricted to adults aged 21 years or older licensed to sell recreational marijuana and medical marijuana. Consequently, it is illegal to sell marijuana without a license, and this would be a violation of Health and Safety 11359. Similarly, it is an offense for anyone other than a licensed seller to possess marijuana to sell it.
A prosecutor must prove several aspects while proving that you possessed marijuana for sale. These elements are as follows:
- You had a usable amount of marijuana under your possession.
- You knew that the substance was a controlled substance.
- You had the intention to sell marijuana without necessary government licenses.
Prosecutors usually rely on your statement and your offer to sell marijuana to someone else while prosecuting you under this statute. They also rely on circumstantial evidence such as:
- Presence of drug paraphernalia used in the sale of marijuana
- Presence of pot packed in several baggies
- An excessive amount of marijuana
- Possession of unexplained cash and weapon in your place of arrest
- Your history of selling drugs
- Police witnessing in your transaction of marijuana with something of value
Penalties for Possessing Marijuana for Sale
Possession of marijuana with intent to sell is a California misdemeanor. This attracts a potential sentence of six months in county jail and a maximum fine of $500.
Defendants are at risk of a felony charge if they have a prior record of sex crimes or violent crimes, are repeat marijuana offenders, and intend to sell marijuana to minors illegally. In a felony conviction, the potential consequences include 16 months, 2, or 3 years in county jail.
You might be eligible for a California misdemeanor probation rather than serving your jail time. If you are granted probation, you will be subjected to particular restriction such as:
- Payment of restitution
- Mandatory attendance of individual or group therapy
- Submitting to drug testing
- Community service or labor
- Unwarranted searches in your property
Violation of any of these restrictions might prompt the judge to reinstate your jail term.
Health and Safety Code 11360: Sale of Marijuana without a License
Under Health and Safety Code 11360, it is illegal to sell, import, or transport for sale, any amount of marijuana without a valid state license. You can also be prosecuted under this statute if you merely aided or abetted the sale, import, or transportation of marijuana. Defendants who have constructive possession of the marijuana are also at risk of prosecution under this statute.
Penalties for Illegal Sale of Marijuana in California
Defendants accused of illegal sale of marijuana in California can be prosecuted with either a misdemeanor or a felony.
In most cases, defendants are charged with a California misdemeanor. The potential punishment includes a maximum of six months in county jail and a fine of up to $500.
A defendant can face a felony charge under several instances. This includes:
- Having a prior conviction for a serious violent felony, including sex crimes, vehicular manslaughter while intoxicated, or any sex crime that requires the offender to register as a sex offender.
- Having two or more prior convictions under this statute
- An attempt to knowingly sell, attempt to sell or furnish marijuana to a minor
- An attempt to import, attempt or offered to import or transport more than 28.5 grams of marijuana into or outside California
A felony conviction for sale or transport of marijuana in California attracts a potential punishment that includes:
- A sentence of 2,3, or 4 years in county jail
- Collateral conviction such as the obligation to disclose your conviction if asked in a job application and a lifetime ban against owning a firearm
Jail Alternative
Defendants are not eligible for drug diversion as an alternative to jail time. Diversion is only available for illegal possession or cultivation of marijuana for personal use.
However, you might be sentenced to a California misdemeanor or felony probation as part of your sentence. If you are sentenced to probation, you will serve a maximum of one year in county jail.
Felony probation lasts between 3 to 5 years. During this time, you will have to follow certain restrictions and conditions such as:
- Counseling
- Refraining using drugs
- Community service
- Meeting with a probation officer at least once a month
- Searches in your property or your person
Misdemeanor probation has similar requirements as felony probation. However, you will have to report to the judge responsible for your sentencing to determine your progress.
Violation of the terms provided for your probation can prompt the judge to reinstate your jail sentence.
Redesignation or Resentencing Under Proposition 64
Anyone facing a felony sentence under Health and Safety Code 11360 before Proposition 64, may apply for resentencing. The court should meet particular criteria while resentencing and grant it to you if you do not pose any public risk. Resentencing Under Prop 64 can lead to an immediate release from jail, depending on how long you have served your sentence.
Health and Safety Code 11361: Sale of Marijuana to a Minor
Under Health and Safety Code 11361, it is illegal to sell, give, offer marijuana to a minor. This statute also makes it unlawful to induce a minor to use marijuana or employ a minor to sell, give away, or transport marijuana.
California laws consider anyone below 18 years as a minor. Therefore, if you involve anyone of this age in peddling, selling, carrying, or giving away marijuana, you will be eligible for sentencing under this statute.
Penalties for Sale of Marijuana to a Minor
Selling marijuana to a minor is a California felony. This crime is different from other marijuana-based crimes since the sentence is served in the state prison.
A sentence under this statute carries a penalty of 3, 5, or 7 years in state prison. However, there is an exception if the minor was at least 14 years old that subjects you to 3, 4, 5 years in state prison.
You can also be eligible for felony probation, depending on your criminal history. Felony probation gives you the opportunity to serve at least one year in prison and three to five years on probation. During the probation, you will have to follow certain conditions such as:
- Meeting with your parole officer
- Community service
- Drug counseling
- Staying away from minors
Violation of any of these conditions might prompt the judge to order you to complete your prison sentence.
California Law on Concentrate Cannabis
California laws have established restrictions on the handling of concentrated cannabis besides marijuana. Concentrated cannabis is a separate resin obtained from cannabis Sativa. It is commonly known as hashish or hash. It is also referred to as hash oil, wax, rosin, honey oil, and marijuana resin.
The resin contains a psychoactive ingredient referred to as tetrahydrocannabinol (THC). It can appear in several forms, such as bricks, liquid, chunks, and semisolids. It is legal to possess concentrated cannabis for personal use as long as you maintain 8 grams. You can also produce it as long as you do not use chemical solvents such as butane.
Penalties for Violating Concentrated Cannabis Laws
There are several types of violations associated with concentrated cannabis in California. These violations vary depending on the kind of illegal activity related to the substance. Let’s have a closer look at these offenses.
- Simple Possession
It is illegal to possess more than 8 grams of concentrated cannabis. The unlawful possession of concentrated cannabis is a California misdemeanor. This subjects the offender to up to 6 months in county jail and a maximum of $500 fine.
- Possession to Sell
Possession of concentrated marijuana to sell is a California misdemeanor for most offenders unless you have a state license to sell marijuana products. If you are convicted, the possible consequences include a maximum of six months in county jail.
However, you can face a California felony for possessing concentrated cannabis to sell if:
- You have a prior conviction for a serious violent felony or sex crimes that require you to register as a sex offender.
- You have two or more prior misdemeanor convictions for possessing concentrated cannabis for sale.
- You were involved, attempted, or connected with concentrated cannabis sales to someone below 18 years.
- Illegal Production of Concentrated Cannabis
The illegal production of more than 8 grams of concentrated cannabis is a California misdemeanor. The potential penalty includes a maximum of six months in county jail. If you use a toxic chemical such as butane in the production, the court might find you guilty of chemical extraction of hashish. This puts you at risk of a maximum fine of $50,000 and 3,5, or 7 years in prison.
- Illegal Sale or Transportation of Concentrated Cannabis
It is illegal to sell, transport for sale hashish without a state license. This crime is a California misdemeanor with a sentence of a maximum of six months in county jail. You can also face a felony charge if you have:
- A prior conviction for a serious violent felony or a sex crime that requires you to register as a sex offender
- Two or more prior conviction for the sale or transportation of marijuana
- Prior charges for selling, attempting to sell, or furnish hashish with a minor
- Prior charges for importing or transporting more than 8 grams of hashish out of California for sale
California Law on Medical Marijuana
Medical marijuana is legal in California under the Compassionate Use Act of 1996. This Act was passed into law after the approval of California Proposition 215. Under this Act, several people are entitled to use medical marijuana. These people include anyone recommended or approved to use marijuana to treat a serious medical condition.
Under this Act, “serious medical” conditions include arthritis, chronic pain, migraine, severe nausea, anorexia, and cancer. It also involves any condition that significantly limits a person’s ability to conduct significant life activities or alleviates and causes severe harm to the safety or mental health.
Compassionate Use of Act prevents prosecution of patients, physicians, and primary caregivers from medical marijuana-related prosecutions. This Act does not only protect doctors from criminal sanctions, but it also protects them from professional disciplines by their medical boards.
Therefore, Health and Safety Code 11357 and 11358 (simple possession and cultivation) cannot be used to patients or a patient’s primary caregiver arrested for possessing or cultivating marijuana for medical purposes.
This Act also prevents prosecution for legally transporting medical marijuana. However, it is illegal to grow or possess excess marijuana or a primary caregiver to use marijuana for medical purposes unless they have a medical recommendation. Therefore, a primary caregiver or patient can:
- Legally possess a maximum of eight ounces of dried marijuana
- Grow up to six mature or 12 immature marijuana plants
- Possessing or growing an excess amount that is consistent with the needs of a patient upon his or her doctor’s recommendation
Finally, this Act is meant to ensure the safety of others and prevent non-medical use of marijuana. Therefore, medical marijuana cannot be used as a defense to prosecution for driving under drugs’ influence. The section also restricts medical marijuana use as a free pass to allow non-patient to use a patient’s supply of the substance. It also prohibits using medical marijuana within 1,00 feet of a youth center, recreational area, or a school.
Vehicle Code 23222(b): Driving with Marijuana
Under Vehicle Code 23222(b), it is illegal to drive while in possession of 28.5 grams of marijuana. This law is referred to as the open container law since it makes it unlawful to drive while possessing marijuana that is not in a container or an open container.
Driving with marijuana is a California infraction and can subject you to a maximum fine of $100. However, if you are found to have more than 28.5 grams of marijuana or 4 grams of hashish, this becomes a California misdemeanor, and you might be charged under Health and Safety Code 11357.
If you are a minor, driving with an open marijuana container or package is punishable with mandatory attendance of a drug education program or community service.
Find a Drug Crimes Attorney Near Me
There are chances of committing a crime related to marijuana despite its legalization in California. If you face any charges related to marijuana, you should seek professional legal help to protect your rights. At The Los Angeles Criminal Defense Attorney, we are well-versed with all California marijuana laws and pride ourselves on top-notch legal representation. Contact us at 310-564-2605 and schedule a free non-obligatory consultation with one of our attorneys.