A number of sections of California's Health & Safety Code deal with possession, use, and sale of marijuana. However, with the passage in November 2016 of Proposition 64, the laws in California regarding marijuana have changed substantially. In general, adults may now possess one ounce (28.5 grams) or less of marijuana for their personal use. However, possession of more than an ounce may still be charged as a misdemeanor. Moreover, possession for sale, cultivation, and transportation of marijuana may result in misdemeanor or even felony charges.
If you are facing any type of drug related charges, call me at 916-442-1200 for a free and confidential consultation. My previous experience as a drug crimes prosecutor and my many years as a Sacramento area marijuana possession defense lawyer give me the knowledge to build an effective defense for my clients and protect their rights and long-terms interests.Resentencing Under Proposition 64
Proposition 64 makes personal possession and use of marijuana legal. It also allows people who were convicted of marijuana related crimes under previous laws to petition the courts for a reduction of penalties or even dismissal of charges. A successful petition will result in a person’s criminal record being changed accordingly. Call me at 916-442-1200 to determine if you are eligible for resentencing. I can begin the petition immediately.Health & Safety Code 11357
Possession of an ounce or less of marijuana for personal use is legal in California for adults 21 years of age or older. People ages 18 to 20 will be cited for an infraction and fined $100. People 17 years of age and younger will be required to take drug education classes and complete community service.
Possession of more than an ounce of marijuana is classified as a misdemeanor for people 18 years and older with penalties of up to six months in jail and a $500 fine. Minors (17 years and younger) will be charged with an infraction and required to take drug education classes and complete community service.
It is illegal to possess marijuana on the grounds of a school, day care, or youth center.Health & Safety Code 11358
It is now legal for people 21 years and older to grow up to six marijuana plants. Growing more than six plants, though, can be charged as a misdemeanor or even a felony if the person has prior convictions or strikes. People ages 18 to 20 may not grow their own marijuana plants and will be charged with an infraction if caught. Cultivation by minors (17 years and younger) is classified as an infraction that will result in drug education classes and community service.Health & Safety Code 11359
This section still makes it illegal to possess marijuana with the intent to sell but the penalties have been reduced. Adults will face misdemeanor charges unless they have prior convictions that qualify to increase the charges to felony. Minors will be charged with infractions and required to do drug education classes and community service.Health & Safety Code 11360
The sale of marijuana except from state licensed vendors is illegal with adults facing misdemeanor charges unless they have certain prior convictions that would increase the charges to felony. Minors will be cited with an infraction and required to do drug education classes and complete community service.Medical Marijuana Program Act
As a California appellate court affirmed in People v. Colvin, the MMPA provides protection against prosecution for transportation as part of the activities of a qualified medical marijuana dispensary. You must be a qualified patient or caregiver and a member of a legitimate medical marijuana cooperative.Free and Confidential Consultation
If you're facing criminal charges related to possession, cultivation, or sale of marijuana, call me at 916-442-1200 to discuss your case.