California’s Health & Safety Code has many sections that deal with the various offenses related to Marijuana. Some of these offenses are treated as infractions while other can be treated as felonies. Use, possession, sale and transportation of Marijuana are all covered under our Health and Safety Code and will better explained below.
Under California law marijuana is defined as any and all parts of the cannabis plant. This includes the seed form of the plant, any resin extracted from the plant, or anything manufactured from the plant. This does not include mature stalks of the plant used to make fibers.
Prior to 2011 it was a misdemeanor in California to posses and ounce or less of marijuana, but as of January first 2011 the laws regarding marijuana have changed, now it is an infraction to posses an ounce or less of marijuana. Currently no arrest or imprisonment is allowed if you are found in possession of less than an ounce of marijuana.
Possession of marijuana may be charged under H&S code 11357, if found to be in possession of marijuana in a vehicle it may charged under vehicle code 23222. While these are two different charges, the consequences and penalties for both offenses are the same.
At the Law Offices of David Chesley we have helped clients with every type of marijuana related charge, from simple possession charges, to more complicated distribution and cultivation charges. If you are currently facing criminal charges, we will met your legal needs.
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.
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.
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If you’re facing criminal charges related to possession, cultivation, or sale of marijuana, call us at (800) 755-5174 to discuss your case.