Regardless of the existence of Proposition 215, possessing, cultivating, and distributing marijuana is still a violation of California State Law. In regards to the possession of no more than 28.5 grams of marijuana, the possessor is guilty of a misdemeanor. Similarly, possession of more than 28.5 grams (one ounce) of marijuana is also a misdemeanor but potentially carries a larger punishment.
Common Penalties for Possession of less than One Ounce of Marijuana
Less than One Ounce:
Law considers possession of less than one ounce of marijuana a misdemeanor and is punishable as such. Common punishments include a fine of up to $250 and may make one ineligible for financial aid or government benefits and could even result in further disciplinary action from USC.
It is also important not to assume that qualifying for a Medical Marijuana license gives you legal right to possess marijuana. The Medical marijuana law is among the most specific of California laws. Even as a patient you are at risk of prosecution from the federal government.
More than One Ounce
Possession of more than one ounce is a more serious misdemeanor and is punishable by up to 6-months in county jail and a $500 fine along with all punishments and penalties attached to a citation of possession of less than one ounce of marijuana.
Possession of Less Than One Ounce of Marijuana
Health and Safety Code
HSC 11357. (b) Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). Notwithstanding other provisions of law, if such person has been previously convicted three or more times of an offense described in this subdivision during the two-year period immediately preceding the date of commission of the violation to be charged, the previous convictions shall also be charged in the accusatory pleading and, if found to be true by the jury upon a jury trial or by the court upon a court trial or if admitted by the person, the provisions of Sections 1000.1 and 1000.2 of the Penal Code shall be applicable to him, and the court shall divert and refer him for education, treatment, or rehabilitation, without a court hearing or determination or the concurrence of the district attorney, to an appropriate community program which will accept him. If the person is so diverted and referred he shall not be subject to the fine specified in this subdivision. If no community program will accept him, the person shall be subject to the fine specified in this subdivision. In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, such person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his written promise to appear in court, as provided in Section 853.6 of the Penal Code, and shall not be subjected to booking.
Possession of more than One Ounce of Marijuana
HSC 11357. (c) Except as authorized by law, every person who possesses more than 28.5 grams of marijuana, other than concentrated cannabis, shall be punished by imprisonment in the county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment.
What to do if Arrested or Ticketed?
If you have been charged with possession of less or more than one ounce of marijuana do not delay. As with most legal matters time is of the essence. RepresentYou has a panel of criminal lawyers near USC and in Los Angeles with experience fighting marijuana possession charges.When you call RepresentYou or submit your case online, you will be asked preliminary questions pertaining to your possession of marijuana citation. RepresentYou will then arrange a free initial consultation with your Los Angeles lawyer to discuss possible action. After this initial consultation, it is at yours and your lawyer’s discretion whether or not to further pursue your marijuana possession matter together.
You can input your case online or give information about your legal matter to a RepresentYou representative over the phone 24 hours a day, 7 days a week. Fight On USC.