Beginning January 2018, recreational use of marijuana became legal in California, allowing persons 21 years and older to possess up to one ounce, or 28.5 grams of marijuana. The law was a direct result of Proposition 64 the Adult Use of Marijuana Act, which was approved in November of 2017. This new law does not change any statues or regulations pertaining to medicinal marijuana use, nor does it completely legalize marijuana use in every situation. As all laws, there are some strings attached that you should be aware of as a consumer.
The legalization of marijuana in California does not extend indefinitely, and you can still get incriminated for surpassing its limits. According to California Health and Safety Code § 11357, those limits are as follows:
HS 11357 Possession Offense | Type of Offense | Penalty Incurred |
Possession of marijuana and/or concentrated cannabis by individuals under the age of 21 | Infraction | Drug counseling and community service hours for minors and a fine of $100 for those 18 and older |
Owning more than 28.5 grams of marijuana and/or more than 8 grams of concentrated cannabis for minors (under 18 years of age) | Infraction | Drug counseling and community service hours |
Having marijuana and/or concentrated cannabis in a K-12 institution while a minor (under 18 years of age) | Infraction | Drug counseling and community service hours |
Owning more than 28.5 grams of marijuana and/or more than 8 grams of concentrated cannabis (18 years of age and up) | Misdemeanor | A maximum sentence of 6 months in county jail as well as a $500 fee |
Having marijuana and/or concentrated cannabis in a K-12 institution (18 years of age and up) | Misdemeanor | Up to a $250 fee for the first offense, with subsequent offenses incurring additional penalties |
Possession of more than 28.5 grams of marijuana or more than 8 grams of concentrated cannabis (hashish) is still illegal under California’s Health and Safety Code 11357. The above chart summarizes the consequences one may face for having excessive amounts of marijuana. Typically, for adults these consequences are deemed misdemeanors and will usually result in a fine of no more than $500 and/or 6 months in county jail, while for minors the crime is merely an infraction and the penalties are to attend drug counseling sessions and community service hours.
Having marijuana on school grounds is also illegal: for adults it is a misdemeanor and for minors it is an infraction. The penalties for minors who commit this crime are identical to the penalties that a minor may face if they possess excessive amounts of marijuana. For adults, it will usually result in a $250 fee for the first offense. Bear in mind that possessing any amount of marijuana at all as a minor is still illegal even in California, and the consequences range from paying a fine to facing drug education or counseling programs and community service.
There are several legal defenses that a skilled Los Angeles marijuana defense attorney can provide in cases that involve charges of illegal marijuana possession in California. These defenses include:
-You didn’t own the marijuana in question
-You were not aware that you had any marijuana
-The marijuana in question was procured in an illegal search or seizure
If you or someone you know is accused of violating California Health and Safety Code 11357 or California Vehicle Code 23222(b) illegal to possess marijuana while driving a vehicle we welcome you to give us a call at (310) 943-1171 to speak to a defense attorney for a free consultation.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. Our Los Angeles litigation lawyers do not represent you unless you have expressly retained KAASS LAW in person at our office.
Truck accidents, often resulting in serious injuries and fatalities, have a profound impact on road safety. Preventing truck accidents is…
In the world of transportation, the trucking industry serves as a backbone for the movement of goods across the country.…
Truck accidents can have horrific results, including serious injuries, fatalities, and substantial legal repercussions. A number of well-known truck accident…
With its ability to move cargo over long distances and maintain the flow of the supply chain, the trucking industry…
Since we share the road with an increasing number of commercial trucks, it becomes imperative to understand the challenges faced…
Truck accidents are not just confined to traffic regulations. They often traverse into the complex territory of criminal liability. Understanding…