Possessing marijuana is at times legal in the state of California. However only under specific circumstances may individuals legally cultivate plants and under specific guidelines. Only those who have been issued state IDs for medical purposes may possess and grow cannabis plants. Laws state that patients may lawfully possess no more than twelve immature plants or six mature plants at a single time.
A patient may also have no more than eight ounces of marijuana flowers at one time. Although the state of marijuana allows marijuana for medical purposes, each county and city is allowed to set its own regulations for legal possession. All those who do not have the proper medical ID will subsequently be arrested and charged with possession, trafficking, or sale. California does not have any law in regards to driving under the influence of marijuana.
Possession Laws
The state of California states that all convictions of possession are misdemeanor offenses, despite the amount. The severity of the conviction is based on other circumstances and the amount of marijuana in possession. California has less severe consequences for possession than most other states. Laws state that possessing less than 28.5 grams of marijuana is punishable by only a one hundred-dollar fine and no imprisonment term. Possessing 28.5 grams or more of marijuana is punishable by a fine of five hundred dollars and no more than six months in jail.
Possessing marijuana on school grounds has increased punishments. These are only applicable if school is in session and the individuals are under the age of eighteen. Possessing less than 28.5 grams of marijuana on school property can result in a five hundred-dollar fine and no more than ten days in jail. Possessing more than 28.5 grams of marijuana on school property can result in a fine of five hundred dollars and up to six months in jail. A minor who is in possession of less than 28.5 grams of marijuana will be charged with a misdemeanor offense and be fined two hundred fifty dollars.
Cultivation Laws
California law states that any individual who does not have the proper medical ID to possess and cultivate marijuana will automatically be charged with a felony offense. Penalties for marijuana cultivation include imprisonment terms up to thirty-six months in jail and no less than sixteen months in jail.
Sale Laws
The sale of marijuana has different consequences than those of cultivation and possession. Providing a gift of marijuana of 28.5 grams or less is considered a misdemeanor offense and is punishable by a fine of one hundred dollars. Selling any amount of marijuana is considered a felony offense in California, no matter if the amount is under 28.5 grams or not.
Marijuana sale offenses can earn imprisonment terms anywhere between two years in prison and four years in prison. Selling marijuana to minors has even more severe consequences. Selling marijuana, no matter the amount, to a minor over the age of fourteen is considered a felony offense. Those charged will be imprisoned anywhere between three years and five years. Selling to a minor over the age of fourteen is also considered a felony offense and carries the same penalties.
