Overview of California Marijuana
Laws
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Marijuana
defined -- "Marijuana means all parts of the plant
Cannabis sativa L., whether growing or not; the seeds
thereof; the resin extracted from any part of the plant; and
every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds, or resin. It does not
include the mature stalks of the plant, fiber produced from
the stalks, oil or cake made from the seeds of the plant,
any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks (except the resin
extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination."
California Health & Safety Code 11018.
Concentrated cannabis defined --
"Concentrated cannabis means the separated resin, whether
crude or purified, obtained from marijuana." Health &
Safety Code 11006.5.
Medical marijuana defined -- "Only the
dried mature processed flowers of female cannabis plant or
the plant conversion shall be considered when determining
allowable quantities of marijuana under this section."
Health & Safety Code 11362.77(d)
Medical marijuana is legal in California for
qualified individuals: Medical patients and their
designated primary caregivers may legally possess HS
11357 and cultivate HS 11358,
but not distribute or sell, marijuana under HS
11362.5 (Prop 215) if they have a physician's
recommendation or approval. Legislation passed in 2003, SB420, created HS11362.775 extends that protection to
transportation and distribution, among other exemptions.
Possession of marijuana is a misdemeanor
under California Health and Safety Code Section 11357.
Possession of one ounce (28.5 gms) or less is
punishable by a maximum $100 fine; jail time is possible for
larger amounts or for hashish, which is an optional felony
("wobbler"). Possession offenders can avoid conviction by
making a preguilty plea under Penal
Code 1000, in which case their charges are dismissed
upon successful completion of a diversion program.
Possession offenses are expunged from the record after two
years under Health and Safety Code Sections 11361.5
and 11361.7.
Possession with intent to sell any amount
of marijuana is a felony. Health and Safety Code 11359. There is a medical exemption in HS11362.775.
Cultivation of any amount of marijuana is a
felony under Health and Safety Code 11358.
People who grow for personal use are eligible for diversion
under Penal Code 1000
so long as there is no evidence of intent to sell. There are
no fixed plant number limits to personal use cultivation. It
is possible to win diversion through a Williamson
Hearing.
Sale, transportation or distribution of
marijuana is a felony under Health and Safety Code Sections
11360. Transporting or
giving away (furnishing) one ounce or less is a
misdemeanor punishable by a maximum $100 fine. There is a medical exemption in HS11362.775.
Sale or distribution to minors is a felony
under Health and Safety Code 11361.
Marijuana paraphernalia is illegal to sell
or manufacture, but not possess, under Health and Safety
Code 11364.
All marijuana paraphernalia is subject to seizure by the
police.
Driving suspension for minors: Any minor
(age under 21) convicted of a marijuana, alcohol, or other
drug offense faces a 12-month drivers license suspension,
regardless of whether the offense was driving-related. The
court may allow restricted license privileges if the minor
demonstrates a "critical need to drive." Vehicle Code
13202.5
. (Note: This penalty can be avoided by entering a diversion
program).
Forfeiture: Unlike federal law, California
law requires a conviction for forfeiture of property
involved in a drug crime. Also unlike federal law, state law
does not permit forfeiture of personal real estate for
marijuana cultivation. Vehicles may be forfeited only if 10
pounds or more of marijuana is involved. Health and Safety
Code 11470. Regarding HS11366 and 11366..5, there is a medical exemption in HS11362.775.
California Law search full text of codes:
www.leginfo.ca.gov/calaw.html
Federal Law: Marijuana is also illegal
under the federal Controlled Substances Act. Federal charges
are typically brought only in large cases where commercial
distribution is suspected (e.g., cultivation of several
hundred plants). Text
of the Controlled Substances Act.
Analysis provided by Chris Conrad and California
NORML.
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