California Laws & Penalties
Penalty Details
Marijuana is a Schedule I hallucinogenic substance under the California Uniform Controlled Substances Act.
See
California Health & Safety Code § 11054(d)(13) Web Search
Possession for Personal Use
Proposition 64, The Adult Use Marijuana Act, permits adults over 21 years of age who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrates) while also licensing commercial cannabis production and retail sales.
Possession of more than 28.5 grams is a misdemeanor punishable by up to 6 months imprisonment and/or a fine up to $500. If the amount possessed is 28.5 grams or less but the person is 18 years of age or older and the possession occurred on school grounds, the person is guilty of a misdemeanor punishable by up to 10 days imprisonment and/or a fine up to $500. If the offender was younger than 18 years of age, then the offense is a misdemeanor punishable by a fine up to $250 for the first offense and a fine up to $500 or commitment to a detention center for up to 10 days.
See
California Health & Safety Code § 11357 Web Search
Possession with Intent to Distribute
Possession with intent to distribute more than one ounce of marijuana is a misdemeanor punishable by 6 months imprisonment and a fine of $500.
See
California Health & Safety Code § 11359 Web Search
California Penal Code § 1170(h) Web Search
Sale/Delivery
Monetary transactions involving the sale or delivery of any amount of marijuana by someone who does not possess a state licensed permit is a misdemeanor punishable by up to six months in jail and a $500 fine. However, gifting marijuana in quantities up to one ounce for no remuneration is legal.
See
California Health & Safety Code § 11360 Web Search
Delivery or attempted delivery of any amount of marijuana by an individual aged 18 years or older to an individual who is 14-17 years old is a felony punishable by 3-5 years imprisonment. Delivery or attempted delivery of any amount of marijuana by an individual aged 18 years or older to an individual who is under the age of 14 is a felony punishable by 3-7 years imprisonment. Sale or attempted sale of any amount of marijuana by an individual aged 18 years or older to an individual under 18 years of age is a felony punishable by 3-7 years imprisonment.
See
California Health & Safety Code § 11361 Web Search
Cultivation
Proposition 64, The Adult Use Marijuana Act, permits adults over 21 years of age who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants). The law took effect on November 9, 2016. Read more »
See
Control, Regulate and Tax Adult Use of Marijuana Act (“the Adult Use of Marijuana Act)
California Health & Safety Code § 11358 Web Search
California Penal Code § 1170(h) Web Search
Hash & Concentrates
In California, hashish or concentrates are referred to as “concentrated cannabis”. Proposition 64, The Adult Use Marijuana Act, permits adults over 21 years of age who are not participating in the state’s medical cannabis program to possess up to eight grams of concentrates. The law took effect on November 9, 2016. Read more »
See
Control, Regulate and Tax Adult Use of Marijuana Act (“the Adult Use of Marijuana Act)
California Health & Safety Code §11006.5 Web Search
California Health & Safety Code §11357(a) Web Search
The penalties associated with the manufacture of hashish or concentrates depends on what method was used during the manufacture. If the manufacturing process involved extraction chemicals, such as butane, then it is considered manufacture by means of chemical synthesis of a controlled substance. Manufacture by means of chemical synthesis of a controlled substance carries a fine no greater than $50,000 and a term of imprisonment of 3, 5, or 7 years as determined by the court. If the manufacturing process utilized screens, presses, or any other means not involving a chemical synthesis, then the offense is considered unauthorized processing of marijuana. Unauthorized processing of marijuana carries a term of imprisonment 16 months, 2 years, or three years as determined by the court.
See
California Health & Safety Code §11379.6(a) Web Search
California Health & Safety Code §11358 Web Search
California Penal Code §1170(h) Web Search
People v. Bergen, 166 Cal.App.4th 161 (2008) Web Search
Apart from the provisions mentioned, concentrated cannabis is included within the definition of marijuana for all other offenses, such as intent to sell, providing to a minor, etc. For information concerning those offenses, check the California marijuana laws section of this website.
See
California Health & Safety Code §11018 Web Search
Paraphernalia
There is no penalty for the simple possession of marijuana paraphernalia. Sale, delivery, possession with intent to sell or deliver, and manufacture with intent to sell or deliver marijuana paraphernalia is a misdemeanor punishable by 15-180 days imprisonment and/or a fine of $30-$500. Delivery of marijuana paraphernalia by an individual aged 18 years or older to a minor at least 3 years his junior is a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $1,000.
See
California Health & Safety Code § 11364.7 Web Search
California Health & Safety Code § 11374 Web Search
Sentencing
Possession for personal use, using or being under the influence of marijuana, presence in a room where a marijuana violation occurs, or cultivation of marijuana if the amount is for personal use are offenses that are eligible for deferred entry of judgment if certain conditions are met. These include: no prior convictions for controlled substances violations; the offense charged did not involve violence; there is no evidence that narcotics or restricted dangerous drugs were involved; the offender has never had probation or parole revoked; the offender has not completed this deferred entry within 5 years of the time of the charged offense; and the offender has no felony convictions within 5 years of the time of the charged offense.
See
California Penal Code § 1000 Web Search
Probation may be available for marijuana offenses. As a condition of probation for controlled substances violations, offenders must participate in education or treatment if the court determines that it will benefit the offender. Sentences for many violations may not be eligible for probation or suspension if the offender has been previously convicted of a felony offense involving a controlled substance.
See
California Health & Safety Code § 11370 Web Search
Cal. Health & Safety Code § 11373 Web Search
California Penal Code § 1203.1 Web Search
Forfeiture
Vehicles and other property may be seized for controlled substance violations. Upon conviction for sale, possession with intent to distribute, or cultivation of marijuana, the seized property becomes the property of the state. If law enforcement seizes property which it does not intend to use as evidence and the seizing agency does not refer the case to the Attorney General for forfeiture proceedings within 15 days, the property must be returned. If the Attorney General intends to pursue a forfeiture proceeding, then a person claiming interest in the property has 30 days from actual notice or publication of notice of the proceedings to respond.
See
California Health & Safety Code §§ 11469-11495 Web Search
Miscellaneous
Involvement of a minor in a drug offense
Using a minor in the unlawful sale or transport of marijuana is a felony punishable by 3-7 years imprisonment. Inducing a minor to use marijuana is also a felony punishable by 3-7 years imprisonment.
See
California Health & Safety Code § 11361 Web Search
Drug program fee
Any violation of the California Uniform Controlled Substances Act results in a fine up to $150 in addition to the authorized fine for the offense.
See
California Health & Safety Code § 11372.7 Web Search
Drug Dealer Liability Act
A person who participates in the illegal marketing of marijuana is liable for civil damages caused by these actions.
See
California Health & Safety Code §§ 11700-11717 Web Search
Loitering for drug activities
It is a misdemeanor to loiter in a public place with the intent to commit certain controlled substances offenses.
See
California Health & Safety Code §§ 11530-11538 Web Search
Suspension of Driving Privileges
A controlled substance conviction can result in suspension of driving privileges for up to 3 years if the use of a motor vehicle was used in or incidental to the offense. For each drug-related conviction that a person 13-20 years old may receive, their driving privileges are suspended for 1 year, but if the person does not yet have the privilege to drive, suspension will begin at the time the person becomes legally eligible to drive.
See
California Vehicle. Code § 13202 Web Search
California Vehicle. Code § 13202.5 Web Search
DRUGGED DRIVING
This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.
HEMP
This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products.
LEGALIZATION
This state has legalized marijuana for personal use.
MEDICAL MARIJUANA
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.
California Medical Marijuana Law
QUALIFYING CONDITIONS
Anorexia
Arthritis
Cachexia
Cancer
Chronic Pain
HIV or AIDS
Glaucoma
Migraine
Persistent Muscle Spasms
Severe Nausea
Seizures
Any debilitating illness where the medical use of marijuana has been “deemed appropriate and has been recommended by a physician”
PATIENT POSSESSION LIMITS
No possession limits specified; amount must be “consistent with the patient’s needs.”
HOME CULTIVATION
Yes, no cultivation limits are specified under state law but local ordinances can limit or ban medical cultivation.
STATE-LICENSED DISPENSARIES ALLOWED
Yes. Temporary state licensing for dispensaries began on January 1, 2018 and permanent licenses will be issued starting in July. Until January 9, 2019, nonprofit dispensaries may continue to operate under state law SB 420.
MEDICAL MARIJUANA STATUTES
Cal. Health & Saf. Code, §11362.7 (2003)
Cal. Health & Saf. Code, §§ 11362.7 – 11362.83 (2003)
California Compassionate Use Act 1996, Cal. Health & Saf. Code, § 11362.5 (1996)
CAREGIVERS
Yes, primary caregiver is the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person. The caregiver must be 18 years of age or older (unless the primary caregiver is the parent of a minor child who is a qualified patient or a person with an identification card).
ESTIMATED NUMBER OF REGISTERED PATIENTS
~1,078,795
Source: Drug and Alcohol Review
RECIPROCITY
No
California Hemp Law
Year Passed: 2013
Summary: Senate Bill 566 reclassifies industrial hemp as an agricultural commodity; establishes regulations for licensed cultivation of the crop, but requires authorization from the federal government before such cultivation can move forward.
Statute: Cal. Agric. Code §§ 81000-81010 (2014)