California Marijuana Laws

A Detailed Review of the California Marijuana Laws

CLICK HERE for California Medical Marijuana Laws

 

Under the California Medical Marijuana Program, unless you currently hold a 'voluntary medical marijuana identification card' by the State of California authorizing you to use California Medical Marijuana Logo - MMJ-Guide.commarijuana for medical purposes - your use of marijuana within California State will most likely be looked upon as criminal activity.

Since the medical use of marijuana, even without a permit, occurs on a regular basis in ALL 50 US STATES, it is beneficial to know ALL of the laws surrounding the use of marijuana for YOUR particular state.

Let's begin with an overview of the criminal California marijuana laws and subsequent penalties as they relate to the use, transport, manufacture and sale of marijuana and marijuana paraphernalia.


California Criminal Marijuana Laws
Crime
Classification
Jail Time
Fine
       
Marijuana Possession:      
Misdemeanor
No jail time
$100
Adult on School Grounds (w/the above)
Misdemeanor
10 days
$500
Minor on School Grounds (w/the above)
Misdemeanor
No jail time
$250
Misdemeanor
6 months
$500
Not Stated
Up to 1 year
$500
       
Transporting, Growing and Selling:      
Misdemeanor
No jail time
$100
Felony
Up to 4 years
none
Felony
Up to 4 years
none
Felony
Up to 36 months
none
Felony
Up to 5 years
none
Felony
Up to 7 years
none
       
Other:      
Under 21 yrs. - Any Conviction
1 year suspension of drivers license

 

For improved user readability and to get rid of some of the legal jargon, the information below is a shortened and revised description (written by me) of the California Health and Safety Codes (linked from above). If you would prefer to research California marijuana laws on the 'California State Senate Web site', please feel free to do this also. Here is a link to 'The California State Senate - California Law' web page. I have found it easiest to use the search option on that page, and then use the 'Ctrl+F' search function on the pages that come up in the search results to quickly find codes and other information you are looking for.

 

In order to gain a better understanding of what exactly California marijuana laws mean by the terms 'Concentrated Cannabis' & 'Marijuana' (terms used throughout the codes discussed below) - here is the California marijuana law's definition of 'marijuana' and 'Concentrated Cannabis' taken from the HSC (California Health & Safety Code), Sections 110006.5 & 11018.

 

CALIFORNIA HEALTH AND SAFETY CODE SECTION 11006.5

Definition of Concentrated Cannabis

"Concentrated cannabis" means resin (crude or purified) separated from the Marijuana Plant.

CLICK HERE for CALIFORNIA HEALTH AND SAFETY CODE SECTION 11006.5

California Marijuana Laws

Definition of Concentrated Cannabis

"Concentrated cannabis" means the separated resin, whether crude or purified, obtained from marijuana.

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CALIFORNIA HEALTH AND SAFETY CODE SECTION 11018

Definition of Marijuana

"Marijuana" means all of the Cannabis sativa L. including the seeds, resin and any salt, compound, derivative, mixture, or preparation or manufacture from the plant. This definition excludes the stalks and any other compound, manufacture, salt, derivative, mixture, or preparation of either the stalks or the seeds.

CLICK HERE for CALIFORNIA HEALTH AND SAFETY CODE SECTION 11018

California Marijuana Laws

Definition of Marijuana

"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 or 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 therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

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The Codes discussed below, relate to all of the criminal laws shown above

 

California Marijuana Laws

 

CALIFORNIA HEALTH AND SAFETY CODE SECTION 11357

(a) Except as authorized, all persons possessing 'Concentrated Cannabis' shall; (1) go to the county jail for up to a year, (2) pay a fine of $500, or (3) go to the state jail.

b) Except as authorized, all persons possessing less than 28.5 grams of 'Marijuana' is guilty of a misdemeanor and shall pay a $100 fine.

(c) Except as authorized, all persons possessing more than 28.5 grams of 'Marijuana', shall spend up to six months in the county jail, Pay a fine of up to $500, or both.

(d) Except as authorized, all persons 18 and older possessing less than 28.5 grams of 'Marijuana' on any K-12 school property during school hours or during any school related activities, is guilty of a misdemeanor and must; pay up to $500, go to the county jail for up to 10 days, or both.

(e) Except as authorized, all persons under 18 possessing less than 28.5 grams of 'Marijuana' on any K-12 school property during school hours or during any school related activities, is guilty of a misdemeanor and must:

1st Offense - pay up to $250

2nd offense - pay up to $500, or "commitment to a juvenile hall, ranch, camp, forestry camp, or secure juvenile home" for up to 10 days, or both.

CLICK HERE for CALIFORNIA HEALTH AND SAFETY CODE SECTION 11357

California Marijuana Laws

11357. (a) Except as authorized by law, every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a period of not more than one year or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment, or shall be punished by imprisonment in the state prison.

(b) Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100).

Notwithstanding other provisions of law, if such person has been previously convicted three or more times of an offense described in this subdivision during the two-year period immediately preceding the date of commission of the violation to be charged, the previous convictions shall also be charged in the accusatory pleading and, if found to be true by the jury upon a jury trial or by the court upon a court trial or if admitted by the person, the provisions of Sections 1000.1 and 1000.2 of the Penal Code shall be applicable to him, and the court shall divert and refer him for education, treatment, or rehabilitation, without a court hearing or determination or the concurrence of the district attorney, to an appropriate community program which will accept him.

If the person is so diverted and referred he shall not be subject to the fine specified in this subdivision. If no community program will accept him, the person shall be subject to the fine specified in this subdivision. In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, such person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his written promise to appear in court, as provided in Section 853.6 of the Penal Code, and shall not be subjected to booking.

(c) Except as authorized by law, every person who possesses more than 28.5 grams of marijuana, other than concentrated cannabis, shall be punished by imprisonment in the county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment.

(d) Except as authorized by law, every person 18 years of age or over who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment in the county jail for a period of not more than 10 days, or both. (e) Except as authorized by law, every person under the age of 18 who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be subject to the following dispositions:

(1) A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed.

(2) A fine of not more than five hundred dollars ($500), or commitment to a juvenile hall, ranch, camp, forestry camp, or secure juvenile home for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed.

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CALIFORNIA HEALTH AND SAFETY CODE SECTION 11358

Every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment in the state prison.

CLICK HERE for CALIFORNIA HEALTH AND SAFETY CODE SECTION 11358

California Marijuana Laws

11358. Every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment in the state prison.

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CALIFORNIA HEALTH AND SAFETY CODE SECTION 11359

Every person who possesses for sale any marijuana, except as otherwise provided by law, shall be punished by imprisonment in the state prison.

CLICK HERE for CALIFORNIA HEALTH AND SAFETY CODE SECTION 11359

California Marijuana Laws

11359. Every person who possesses for sale any marijuana, except as otherwise provided by law, shall be punished by imprisonment in the state prison.

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CALIFORNIA HEALTH AND SAFETY CODE SECTION 11360

(a) Except as authorized, any person who transports marijuana into the State of California will spend up to 4 years in a State prison.

 

(b) Except as authorized, every person giving away or transporting less than 28.5 grams of 'Marijuana is guilty of a misdemeanor and must pay a fine of up to $100.

CLICK HERE for CALIFORNIA HEALTH AND SAFETY CODE SECTION 11360

California Marijuana Laws

11360. (a) Except as otherwise provided by this section or as authorized by law, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any marijuana shall be punished by imprisonment in the state prison for a period of two, three or four years.(b) Except as authorized by law, every person who gives away, offers to give away, transports, offers to transport, or attempts to transport not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, such person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his written promise to appear in court, as provided in Section 853.6 of the Penal Code, and shall not be subjected to booking.
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CALIFORNIA HEALTH AND SAFETY CODE SECTION 11361

(a) Anyone 18 years and up who offers 'Marijuana' to a minor under 14 yrs. old, or utilizes a minor in any aspect of the 'Marijuana' trade, shall go to state prison for up to seven years.

(b) Anyone 18 years and up, who offers 'Marijuana' to a minor 14 years and up, shall go to state prison for up to 5 years.

CLICK HERE for CALIFORNIA HEALTH AND SAFETY CODE SECTION 11361

California Marijuana Laws

11361. (a) Every person 18 years of age or over who hires, employs, or uses a minor in unlawfully transporting, carrying, selling, giving away, preparing for sale, or peddling any marijuana, who unlawfully sells, or offers to sell, any marijuana to a minor, or who furnishes, administers, or gives, or offers to furnish, administer, or give any marijuana to a minor under 14 years of age, or who induces a minor to use marijuana in violation of law shall be punished by imprisonment in the state prison for a period of three, five, or seven years. (b) Every person 18 years of age or over who furnishes, administers, or gives, or offers to furnish, administer, or give, any marijuana to a minor 14 years of age or older shall be punished by imprisonment in the state prison for a period of three, four, or five years.
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Some Things to be Aware of with California Marijuana Laws:

1) California has partially decriminalized marijuana possession.

MMJ-Guide

"Decriminalization is the repeal of statutes that made certain acts criminal." As an alternative to criminal penalties, small fines and certain types of registration and card programs may be implemented. Such is currently the case regarding California marijuana laws."

Additionally, Assembly Bill No. 390 was introduced on February 23rd, 2009. The passage of this bill would fully legalize marijuana in the State of California. In addition to legalization, this bill would allow for the taxation and regulation of both the cultivation and the sale of marijuana.

 

California Marijuana Laws

2) California Marijuana Laws allowing medical use and posession for qualified, card carrying patients have been enacted. Please see the information below for details on the California State Medical Marijuana Act.

 

More on California Marijuana Laws:

For further details about the specifics of the legislation and other California marijuana laws - Visit the Official California Legislative Information page on the California State Legislature's Web site - or more specifically the - California Law page.

 

 

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