In California, unlawful possession of marijuana is prohibited under Health and Safety Code 11357. Unlawful possession of marijuana means, possessing a large amount of marijuana or selling, furnishing, administering, or giving away marijuana without the proper authorization. These charges often carry serious penalties and can be classified as a misdemeanor or a felony depending on the type and amount of marijuana.
The California Criminal Lawyer Group in Santa Ana specializes in drug crimes, including possession of marijuana. Our experienced attorneys have a great understanding of California state laws and are knowledgeable in the aspects of criminal defense. If you have been charged with possession of marijuana, feel free to reach out to our lawyers at any time.
Defining Possession of Marijuana under HS 11357
In California, possession of marijuana is regulated by Health and Safety Code § 11357(a) and (b).
Under California law, it is illegal to possess marijuana for recreational use. Health and Safety Code § 11357(a) makes it a misdemeanor for adults above 21 to possess less than 28.5 grams of marijuana or 8 grams of concentrated cannabis. The potential penalties for this offense include up to six months in county jail and/or a fine of up to $500. Additionally, a conviction under this section triggers an automatic two-year driver’s license suspension.
Health and Safety Code § 11357(b) makes it a misdemeanor for adults above 21 years to possess more than 28.5 grams of marijuana or 8 grams of concentrated cannabis. The potential penalties for this offense include up to one year in county jail and/or a fine of up to $500. Additionally, a conviction under this section triggers an automatic four-year driver’s license suspension.
In order to be convicted of possession of marijuana under either section, the prosecution must prove beyond a reasonable doubt:
- The defendant unlawfully possessed marijuana or concentrated cannabis;
- The defendant knew of its presence;
- The defendant knew of the substance’s nature or character as marijuana or concentrated cannabis; and
- The substance was in a usable amount.
The prosecution must also prove that the defendant did not possess a valid medical marijuana card. If they are unable to do so, the defendant may be able to get the charges reduced or dismissed.
Possessing Marijuana on School Grounds (§ 11357 c)
Marijuana remains one of the most widely used illicit drugs in the United States, and its use on school grounds continues to be an issue of concern for educators and administrators alike. In California, possession of marijuana on school grounds by someone 18 years or older is an offense outlined in Health and Safety Code § 11357 c.
The law states that it is a misdemeanor for any person 18 years or older to possess, transport, purchase, obtain or give away any marijuana, concentrated cannabis, or hashish while on the grounds of any school. This law applies to all public and private elementary and secondary schools, as well as any public or private college or university.
In addition to the criminal penalties, anyone convicted of possessing or transporting marijuana on school grounds may also be subject to administrative penalties. This could include suspension or expulsion from school, as well as the loss of any scholarships or financial aid.
The law also makes it illegal for anyone 18 or older to possess or transport marijuana within 1,000 feet of a school. This is known as the “1,000-foot rule” and applies to all schools and colleges, including those located in residential areas.
In addition to the criminal and administrative penalties, anyone convicted of possessing or transporting marijuana on school grounds may also be subject to civil liability. This includes being sued for any damages that resulted from their possession or transport of the drug.
The penalties for possessing or transporting marijuana on school grounds can be severe, and the law is strictly enforced. Those found guilty of violating the law can face serious consequences, including criminal prosecution and civil liability.
Possession of Marijuana on School Grounds, Under 18 Years Old Under HSC §11357(d)
HSC §11357(d) is a California law that makes it a crime for anyone under the age of 18 to possess, transport, sell, furnish, or give away marijuana while on school grounds. This law applies to all public and private schools, as well as school buses, and any other school-related activities.
The penalties for HSC §11357(d) can be enhanced if the person had a large amount of marijuana, or if the person had marijuana on multiple occasions. In these cases, the person may face felony charges, which can result in prison time of up to three years. Furthermore, a felony conviction will also remain on the person’s criminal record and can have serious repercussions in the future.
It is important to note that this law only applies to those under the age of 18. If a person over the age of 18 is found in possession of marijuana on school grounds, they may be subject to the more serious charges under HSC §11357(b), which carries a potential sentence of up to 6 months in county jail and/or up to $500 in fines.
It is also important to note that the law applies to all forms of marijuana, including medical marijuana. Even if the person is a medical marijuana patient and has a valid doctor’s recommendation, they can still be convicted under HSC §11357(d) for possession of marijuana on school grounds.
Proposition 64
Proposition 64, also known as the Control, Regulate and Tax Adult Use of Marijuana Act, was a ballot initiative in California that was passed in 2016 and legalized the recreational use of marijuana in the state. The proposition allows adults 21 and older to possess, transport, purchase, and use up to an ounce of marijuana and eight grams of concentrated marijuana. It also establishes a 15% excise tax on retail sales of marijuana and imposes cultivation taxes on marijuana growers.
Proposition 64 allows for the regulation of the commercial cultivation, distribution, and sale of marijuana and establishes a framework for licensing and taxation of marijuana businesses. It also includes provisions for the enforcement of regulations and penalties for violations. Proposition 64 has been praised for its potential to reduce criminal penalties related to marijuana and create economic opportunities in the state. The initiative has been credited with generating significant tax revenue for the state and creating jobs in the legal marijuana industry.
Proposition 64 has also been criticized for its lack of provisions to help those previously convicted of marijuana-related offenses, as well as its limited funding for public health, research, and enforcement. Critics have argued that the initiative does not go far enough to address the harms caused by marijuana prohibition and the War on Drugs.
Despite these criticisms, Proposition 64 has been largely successful in its goal of legalizing recreational marijuana use in California. The initiative has generated billions of dollars in revenue for the state, created jobs in the legal marijuana industry, and reduced criminal penalties related to marijuana. In addition, the initiative has opened up new opportunities for research, public health, and enforcement. While there is still work to be done in these areas, Proposition 64 has been an important step forward in the legalization of marijuana in California.
Penalties for Possession of Marijuana
Under Prop 64, the possession of up to 28.5 grams of marijuana is considered an infraction, and individuals caught with this amount of marijuana may face a fine of up to $100. However, the penalties for marijuana-related crimes in California remain severe, especially for those charged with possessing larger amounts of marijuana.
Possession of more than 28.5 grams of marijuana can still be charged as a misdemeanor, and individuals caught with this amount of marijuana may face up to six months in jail and a fine of up to $500. Possession of more than 8 grams of concentrated cannabis (oil, wax, or resin) is also a misdemeanor, punishable by up to one year in jail and a fine of up to $500.
The penalties for marijuana-related crimes become increasingly severe as the amount of marijuana in possession increases. Possession of more than one ounce of marijuana, for example, is a felony, punishable by 16 months to three years in state prison and a fine of up to $10,000. Possession of more than four pounds of marijuana is also a felony, punishable by two to four years in state prison and a fine of up to $20,000.
It is also important to note that the possession of marijuana for sale is still a felony in California. Individuals caught with marijuana with the intent to sell it may face up to three years in state prison and a fine of up to $10,000. And if individuals are caught selling or distributing marijuana to a minor, the penalties become even more severe, with a prison sentence of three to seven years and a fine of up to $50,000.
In addition, Prop 64 did not alter the penalties for driving under the influence of marijuana. Individuals caught driving under the influence of marijuana can still face a jail sentence of up to six months and a fine of up to $1,000.
Defenses Against Possession of Marijuana
The most common defense against marijuana possession is the ‘unlawful search and seizure’ defense. This defense states that the police did not have a valid reason to search the accused’s person or property, and so any evidence obtained in such a search is not admissible in court. For this defense to be successful, the accused must be able to prove that the police had no probable cause to search them or their property.
Another defense that can be used is the ‘lack of knowledge defense. This defense states that the accused was unaware that the marijuana was in their possession. This is usually used when the marijuana is found in a shared space or an area that was not exclusively used by the accused. For this defense to be successful, the accused must be able to prove that they were unaware that the marijuana was present.
The ‘medical necessity’ defense is another option that can be used in some cases. This defense states that the accused was using marijuana for medical purposes and had a valid prescription for it. For this defense to be successful, the accused must provide evidence that they had a valid prescription for marijuana and that it was used for medical purposes.
The ‘innocent possession’ defense is also commonly used. This defense states that the accused did not have the marijuana, but rather that it belonged to someone else. For this defense to be successful, the accused must be able to prove that the marijuana belonged to someone else and that they were not aware that it was in their possession.
Finally, the ‘entrapment’ defense can be used in some cases. This defense states that the accused was coerced or enticed into possessing marijuana by law enforcement. For this defense to be successful, the accused must be able to prove that they were enticed into possessing the marijuana and that they would not have done so under normal circumstances.
Related Offenses
Below are some of the crimes that are closely related to the possession of marijuana.
Cultivation of Marijuana
Marijuana cultivation has been illegal in California since the early 1900s, and as of 2021, it is still a crime to cultivate the plant. The possession and sale of marijuana are also illegal, and all forms of cultivation – indoor, outdoor, and in hydroponic systems – are prohibited.
In California, the cultivation of marijuana is a felony offense punishable by up to three years in prison and a $10,000 fine. In addition, the court may impose probation or parole for up to five years, or order the defendant to complete a drug rehabilitation program.
The criminal penalties for cultivating marijuana in California depend on the circumstances of the offense. If the defendant is found to have more than four pounds of marijuana or is found to have cultivated more than 10 plants, the crime is considered a “super strike” offense, and the defendant may face up to 25 years in prison.
In addition to criminal penalties, the court may also order the forfeiture of property used in the cultivation of marijuana. This includes any buildings, land, or equipment used in the cultivation of the plant, as well as any profits derived from the sale of the marijuana.
Distribution of Marijuana
California In California, the law is clear: the distribution of marijuana is a criminal offense. Under the state's marijuana laws, it is illegal for anyone to possess, cultivate, transport, or give away any marijuana, except for licensed retailers, distributors, and medical marijuana dispensaries.
The penalties for marijuana distribution can range from a fine to jail time, depending on the amount and type of marijuana involved. Possession of fewer than 28.5 grams of marijuana is generally considered a misdemeanor offense, punishable by up to six months in jail and a fine of up to $500. Possession of more than 28.5 grams of marijuana is a felony offense, punishable by up to three years in prison and a fine of up to $10,000.
The punishment for distributing marijuana also depends on the amount and type of marijuana involved. Distribution of any amount of marijuana is a felony offense, punishable by up to three years in prison and a fine of up to $10,000. Distribution of more than 28.5 grams of marijuana is also a felony offense, punishable by up to three years in prison and a fine of up to $10,000.
In addition to criminal penalties, distributing marijuana can also result in civil penalties. For example, if a person is found distributing marijuana on school grounds or in the presence of a minor, they could be subject to a civil penalty of up to $2,500.
Trafficking of Marijuana
Marijuana trafficking is a violation of the Controlled Substance Act of 1970. Under this law, it is illegal to possess, cultivate, distribute, or dispense marijuana. In California, the penalties for marijuana trafficking are severe. Those convicted of trafficking marijuana can face up to three years in prison, a fine of up to $10,000, and a mandatory minimum sentence of six months in jail. In addition, those convicted of marijuana trafficking may have their driver's license suspended for six months and be required to register as a drug offender.
In California, marijuana trafficking is a serious problem. The state is a major destination for marijuana smuggling from neighboring states, as well as a major source for marijuana smuggled out of the state. In addition, the state has seen an increase in the number of marijuana trafficking organizations operating within its borders. These organizations often have connections to organized crime and are involved in a variety of illegal activities, including violence, money laundering, and drug trafficking.
The California Department of Justice (CDOJ) has a task force dedicated to combating marijuana trafficking in the state. This task force is composed of federal, state, and local law enforcement agencies, and works to investigate, arrest, and prosecute those involved in marijuana trafficking. The CDOJ also works to educate the public about the dangers of marijuana trafficking and the potential consequences of being caught and convicted of this crime.
Marijuana trafficking is a serious crime in California, and those convicted of it face severe penalties. It is important that anyone who suspects that someone they know is involved in marijuana trafficking contact the authorities immediately. It is also important to remember that marijuana trafficking is a federal offense, and those convicted of it can face prosecution in federal court, which often carries harsher penalties than state courts
Sale of Marijuana to Minors
In California, it is a crime to sell marijuana to minors. California has strict laws in place to protect minors from the potential harm caused by the drug. The state of California views the sale of marijuana to minors as a serious offense that can result in substantial fines and prison sentences.
The sale of marijuana to minors is punishable by up to three years in jail and a fine of up to $20,000. It is a felony offense to sell marijuana to anyone under the age of 21, with no exceptions. Additionally, any person convicted of selling marijuana to a minor may be required to register as a marijuana offender.
The penalties for selling marijuana to minors are even more severe if the drug is sold to someone under the age of 18. If a person is convicted of selling marijuana to a minor under the age of 18, they could face up to three years in state prison and a fine of up to $50,000.
The sale of marijuana to minors is also considered a crime on the federal level. Under the Controlled Substances Act, it is illegal to distribute or possess marijuana with the intent to distribute it to a minor. This crime is punishable by up to 20 years in prison.
Possession of marijuana with Intent to Distribute
Possession of marijuana with the intent to distribute carries much harsher penalties than simple possession. In California, possession of marijuana for personal use is classified as a misdemeanor and can result in up to six months in jail and fines of up to $500. Possession with intent to distribute, however, is classified as a felony and carries a much heavier penalty.
In California, possession of marijuana with the intent to distribute is punishable by up to three years in prison and fines of up to $2,500. Additionally, the individual may face the revocation of their driver’s license and the seizure of their vehicle if they are transporting marijuana with the intent to distribute. Additionally, the individual may face forfeiture of any money or property that was used in the commission of the crime.
The penalties for possession of marijuana with intent to distribute can be even harsher if the individual is found to have engaged in large-scale drug trafficking. In cases of large-scale drug trafficking, the individual may face up to five years in prison, fines of up to $50,000, and forfeiture of any money or property related to the crime.
Find a Criminal Defense Attorney Near Me
If you or your loved one have been charged with possession of marijuana, it is crucial to hire a criminal defense lawyer with experience in drug crimes. Our defense attorneys at California Criminal Lawyer Group in Santa Ana know the state and federal laws governing drug crimes, and they can help you. Call us today at 714-844-4151.
