California's Marijuana Laws

Possession of marijuana is a misdemeanor under California Health and Safety Code Section 11357. Possession of one ounce (28.5 gms) or less is punishable by a maximum $100 fine; jail time is possible for larger amounts or for hashish, which is an optional felony ("wobbler"). Possession offenders can 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 offenses are expunged from the record after two years under Health and Safety Code Sections 11361.5 and 11361.7.

Possession with intent to sell any amount of marijuana is a felony under Health and Safety Code 11359.

Cultivation of any amount of marijuana is a felony under Health and Safety Code 11358. People who grow for personal use are eligible for diversion under Penal Code 1000 so long as there is no evidence of intent to sell. There are no fixed plant number limits to personal use cultivation.

Medical marijuana: Medical patients and their designated primary caregivers may legally possess and cultivate, but not distribute or sell, marijuana under Health and Safety Code 11362.5 (Prop 215) if they have a physician's recommendation or approval.

Sale, transportation or distribution of marijuana is a felony under Health and Safety Code Sections 11360. Transporting or giving away one ounce or less is a misdemeanor punishable by a maximum $100 fine.

Sale or distribution to minors is a felony under Health and Safety Code 11361.

Marijuana paraphernalia is illegal to sell or manufacture, but not possess, under Health and Safety Code 11364. All marijuana paraphernalia is subject to seizure by the police.

Driving suspension for minors: Any minor (age under 21) convicted of a marijuana, alcohol, or other drug offense faces a 12-month drivers license suspension, regardless of whether the offense was driving-related. The court may allow restricted license privileges if the minor demonstrates a "critical need to drive." Vehicle Code 13202.5 . (Note: This penalty can be avoided by entering a diversion program).

Forfeiture: Unlike federal law, California law requires a conviction for forfeiture of property involved in a drug crime. Also unlike federal law, state law does not permit forfeiture of personal real estate for marijuana cultivation. Vehicles may be forfeited only if 10 pounds or more of marijuana is involved. Health and Safety Code 11470.

California Law search full text of codes: www.leginfo.ca.gov/calaw.html

Federal Law: Marijuana is also illegal under the federal Controlled Substances Act. Federal charges are typically brought only in large cases where commercial distribution is suspected (e.g., cultivation of several hundred plants). Text of the Controlled Substances Act.