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Possession, Sale, or Illegal Cultivation of Marijuana

A number of sections of California's Health & Safety Code deal with possession, use, and sale of marijuana. Some are charged as misdemeanors, while others are charged as felonies. Possible sentences include fines, time in county jail or state prison, or diversion through drug court - depending on the circumstance of each offense and which codes are violated.

Health & Safety Code 11357

This section concerns simple possession of marijuana, which is charged as a misdemeanor.

Possession of an ounce (28.5 grams) or less of marijuana is punishable by a fine of up to $100. No jail time is required.
Possession of more than an ounce of marijuana can result in fines of up to $500 and up to six months in county jail. The reality, though, is that most marijuana possession cases do not result in jail time.

Health & Safety Code 11358

This section concerns cultivating, harvesting, and processing marijuana. Conviction under HS 11358 is a felony that can result in a state prison sentence.

Health & Safety Code 11359

This section makes it a felony to possess marijuana with the intent to sell it. Conviction can result in a state prison sentence.

Health & Safety Code 11360

This section makes transportation or importation of marijuana a felony. Conviction can come with a state prison term of two, three, or four years.

Health & Safety Code 11364

This section makes it illegal to possess paraphernalia used to ingest or smoke marijuana or other controlled substances. Examples are bongs and roach clips.

Drug Court

If you've been arrested for simple possession of marijuana - with no intent to cultivate or sell - and have a clean criminal record for the preceding five years, then you may qualify for drug court. Penal Code 1000 lets you enter a guilty plea to the possession charges and in exchange the court would issue a "deferred entry of judgment." Once you complete a comprehensive drug treatment program that includes counseling, drug testing, group sessions and other therapies, the court will dismiss the drug possession charges.