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.
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.
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.
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.