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California Marijuana Laws
California is among the most progressive states for decriminalizing marijuana for both personal and medicinal use. The fines and jail sentence lengths for non-violent offenders are among the lowest in the nation. That said, the penalties still exist, and if anyone has been charged with a marijuana-related offense, they should seek a marijuana attorney to represent their best interests. California still arrests around 60,000 people yearly for marijuana offenses, according to the Department of Justice. In addition, the DEA estimates that around 1.3 million pounds of marijuana with a street value of up to $13 billion are produced ever year in the state.
Medical Marijuana Users
It is legal for patients and caregivers with state-issued ID to use marijuana for medical purposes. Patients may legally be in possession of up to 6 mature plants or 12 immature plants and up to 8 ounces of processed cannabis flowers. Various cities and counties have adapted their own specific laws. It is important to note that although California has legalized medicinal marijuana, federal laws still outlaw it, and the state laws do not override the federal laws.
Non-Medical Users:
California has decriminalized to a large degree possession for personal use of small amounts of marijuana. California also enacted Prop 26 in 2000, which calls for substance abuse treatment instead of incarceration for non-violent first-and-second time offenders caught with small amounts. This has saved the state, according to a study by UCLA, $1.5 billion dollars and has diverted 140,000 Californians from incarceration into treatment.
Penalties for Marijuana Use and Possession in California:
|
Possession of 28.5 grams or less |
Misdemeanor |
The penalty is a fine of up to $100 |
|
Possession of more than 28.5 grams |
Misdemeanor |
Penalties include up to 6 months of jail time and fines up to $500 |
|
Possession 28.5 grams or less on school grounds when school is open for those under 18 |
Misdemeanor |
Penalties include up to 10 days of jail time and fines of up to $500 |
|
Possession 28.5 grams or less on school grounds when school is open for those over 18 |
Misdemeanor |
Penalties include up to 6 months of jail time and fines of up to $500 |
Penalties for Growing, Selling and Trafficking:
Cultivation:
Any amount for any non-care givers or medicinal users |
Felony |
Penalties include 16-36 months of jail time |
Sale:
|
A gift of less than 28.5 grams |
Misdemeanor |
The penalty is a fine of up to $100 |
|
Any Amount |
Felony |
The penalty is 2-4 years of jail time |
|
Minor in possession of 28.5 grams or less |
Misdemeanor |
The penalty is a $250 fine |
|
Any amount to minors over 14 |
Felony |
The penalty is 3-5 years of jail time |
|
Any amount to minors under 14 |
Felon |
The penalty is 3-5 years of jail time |
Penalties for Driving Under the Influence of Marijuana (DUID)
California has no DUID or driving under the influence of Marijuana laws.
Minors Convicted:
Any minor under 21 convicted leas to an automatic 1-year suspension of driver’s license |
Legal Help with a Marijuana Offense
If you have been charged with a marijuana-related offense in California, you should seek a marijuana attorney. California has many options in place for those accused of such crimes, and even a court-appointed marijuana lawyer knows all of them, can keep you out of jail, and can guide you through the process to ensure your rights preserved.