People under age 21 who possess marijuana can be charged with an infraction and sentenced to a fine (if at least 18) or to drug counseling and community service (if under 18).
Marijuana is still illegal under federal law.
If a violation of marijuana law occurs on federal property, it can be punished under federal law. And federal penalties are generally greater for drug crimes that occur on federal property than those that occur elsewhere but are, nevertheless, prosecuted under federal law. 28.
1. Is marijuana possession for personal use legal in California?
The CSA takes precedence over the laws of California. 21 Technically, therefore, when you sell, transport, or give away marijuana, you violate federal law–even if you are abiding by California’s medical marijuana law or recreational marijuana legalization law. 22.
California Health and Safety Code 11361 HS makes it a felony for anyone 18 years or older to sell marijuana to a minor. This law is unchanged by Proposition 64/marijuana legalization.
Proposition 64 legalized the sale of marijuana–but only for businesses that obtain and operate in accordance with both a state and local license.
And for adults, cultivating over six marijuana plants remains a crime. Most defendants who plant, cultivate, harvest, dry or process more than 6 living marijuana plants will be charged with a misdemeanor and face up to six (6) months in county jail and/or a fine of up to $500.
The Federal Controlled Substances Act.
Also, under Proposition 64, simple possession of concentrated cannabis for recreational use is legal–but a person may only possess up to 8 grams for personal use.
2. What are the cultivation laws?
Recreational use of marijuana became legal in California on January 1, 2018. The legalization of cannabis regulation and adult-use cannabis is the result of voter passage of Proposition 64 in November 2016.
In any of these scenarios, black market sale or transportation for sale of marijuana under HS 11360 is punishable by two (2), three (3) or four (4) years in jail. 9.
Additionally, our Las Vegas Nevada criminal defense attorneys represent clients accused of violating Nevada marijuana laws. For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.
Proposition 64 requires all medical marijuana users to obtain a new recommendation from their physician by January 1, 2018.
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As a result, possession of marijuana with the intent to sell it without a license remains a crime under Health and Safety Code 11359 HS (California’s possession of marijuana for sale law).
Under the CUA, a qualified patient is legally entitled to a medical marijuana identification card if a doctor has recommended it or approved it for the treatment of a serious medical condition such as:
Unfortunately, marijuana remains a Schedule 1 drug under the United States Controlled Substances Act. And U.S. Attorney General Jeff Sessions recently rescinded an Obama-era policy “hands-off” policy with respect to people who comply with state marijuana laws.
Driving with marijuana is an infraction. It can be punished by:
When federal prosecution for marijuana is likely to occur.
A conviction under this statute, though, does not produce these results.
Possession laws are set forth in Health and Safety Code 11357 HS.
A person convicted under cultivation laws can get an expungement.
California’s “Compassionate Use Act of 1996” (the “CUA”) applies to the medicinal use of marijuana. The Act’s provisions are set forth in Health and Safety Code 11362.5 HS .
A defendant can beat a charge under these California marijuana laws with a legal defense .
6. Can a person get a conviction expunged?
A person that unlawfully cultivates this drug may:
Unless local law permits otherwise, a person must grow weed:
The term “ cultivate ” means to do any of the following:
any marijuana or any part thereof. 4.
This statute also says that it is a misdemeanor if:
While the crimes of shoplifting and petty theft are similar, they are technically different offenses under California criminal law. The main difference between the two is that while shoplifting focuses on the act of entering a store with the intent to steal, petty theft focuses on the actual taking of property. Per California Penal Code .
An accused is only guilty under this statute if:
Butterfly knives are illegal in California. The law treats butterfly knives as a type of switchblade under California Penal Code 21510 PC. This statute makes it a crime to carry, possess in public, sell, or otherwise transfer a butterfly knife. Convictions are misdemeanor offenses that carry up to 6 months in jail. Are butterfly knives .
Authorities cannot conduct a search or take property without a valid search warrant . If no warrant, then they must have a legal excuse for not having one. If the police:
8.3. Selling marijuana – HS 11360.
A person is eligible for DEJ if:
Felony penalties are punishable by:
In regards to medicinal marijuana, patients and their caregivers may cultivate up to:
For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group for a free consultation. Our law office creates attorney-client relationships throughout the state, including Los Angeles, Santa Ana, Orange County, Long Beach, San Bernardino, Beverly Hills, Riverside, Pasadena, Glendale, and more.
Cultivating marijuana is punishable by:
Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law, shall be punished as follows: (a) Each person under the age of 18 who plants, cultivates, harvests, dries, or processes any cannabis plants shall be punished in the same manner provided in paragraph (1) of subdivision (b) of Section 11357. (b) Each person at least 18 years of age but less than 21 years of age who plants, cultivates, harvests, dries, or processes not more than six living cannabis plants shall be guilty of an infraction and a fine of not more than one hundred dollars ($100). (c) Each person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants shall be punished by imprisonment in a 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 that fine and imprisonment. (d) Notwithstanding subdivision (c), a person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants, or any part thereof, except as otherwise provided by law, may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if any of the following conditions exist: (1) The person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code. (2) The person has two or more prior convictions under subdivision (c). (3) The offense resulted in any of the following: (A) Violation of Section 1052 of the Water Code relating to illegal diversion of water. (B) Violation of Section 13260, 13264, 13272, or 13387 of the Water Code relating to discharge of water. (C) Violation of Section 5650 or 5652 of the Fish and Game Code relating to waters of the state. (D) Violation of Section 1602 of the Fish and Game Code relating to rivers, streams, and lakes. (E) Violation of Section 374.8 of the Penal Code relating to hazardous substances or Section 25189.5, 25189.6, or 25189.7 of the Health and Safety Code relating to hazardous waste. (F) Violation of Section 2080 of the Fish and Game Code relating to endangered and threatened species or Section 3513 of the Fish and Game Code relating to the Migratory Bird Treaty Act, or Section 2000 of the Fish and Game Code relating to the unlawful taking of fish and wildlife. (G) Intentionally or with gross negligence causing substantial environmental harm to public lands or other public resources.
8. Are there related offenses?
A simple conviction under this statute will not have negative immigration consequences.
Per Penal Code 1000 PC, some people convicted of unlawful cultivation may:
A simple conviction under HS 11358 does not negate a defendant’s gun rights.
Under the CUA, the following people can legally grow hash for medicinal use :
This is true, however, only provided that the defendant completes :
This is known as “ deferred entry of judgment (DEJ) .”
The court is supposed to:
Marijuana is legal for adults to use in 18 states and Washington, D.C. Medical marijuana is legal in 37.Most recently, New Mexico, Virginia and Connecticut legalized recreational cannabis.
You can report an illegal business anonymously online at cannabis.ca.gov.
Illegal plants seized in California by year.
Cannabis status by state.
State license issuance began in 2018, but data isn’t available for that initial year because they were issued as temporary licenses. Data sets begin in 2019, when 12-month annual and provisional licenses began to be issued, using the online licensing systems. Licenses remain active for one year, at which point they can be renewed for an additional 12 months. This list displays counts of when the licenses were first issued, but not each time one was renewed.
Licensed to grow, manufacture and sell.
Recreational cannabis sales began in January 2018, and while many have played by the rules, the illegal growth and sale of the plant continues to undermine those following the rules.
Since its establishment in 1983, the Campaign Against Marijuana Planting has had more than 110 law enforcement agencies involved, making it one of the largest law enforcement task forces in the U.S.
That would make it the eighth most valued commodity in California agriculture.