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California Marijuana Penalties

 

California Marijuana Legalization

California Marijuana Penalties SUMMARY: Fifty-six percent of California voters approved Proposition 64, The Adult Use Marijuana Act, which permits adults 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. (Medical cannabis patients are not subject to these limits.) The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative does not “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.” Several other marijuana-related activities not legalized by the measure are reduced from felonies to misdemeanors. The law also provides for resentencing consideration for those found guilty of prior marijuana convictions.

The revised marijuana penalties took effect on November 9, 2016. Retail sales of marijuana by state-licensed establishments are scheduled to begin under the law on January 1, 2018. On site consumption is permitted under the law in establishments licensed for such activity. Large-scale corporate players are restricted from becoming involved until 2023.

California Marijuana Penalties

Offense Penalty Incarceration   Max. Fine  

Possession

Personal Use

Up to 1 oz No penalty None $ 0
28.5 grams or less, over 18 years, and occurred on school grounds Misdemeanor 10 days $ 500
28.5 grams or less, under 18 years Misdemeanor 10 days* $ 250
More than 28.5 grams Misdemeanor 6 months $ 500

With Intent to Distribute

Any amount Misdemeanor 6 months $ 500
*Detention center

Sale or Delivery

Any amount Misdemeanor 6 months $ 500
Gift of 28.5 grams or less No penalty N/A $ 100
Over 18 years to an individual 14-17 years Felony 3 – 5 years N/A
Over 18 years to an individual under 14 years Felony 3 – 7 years N/A

Cultivation

Up to 6 plants No penalty None $ 0
6 plants or more Misdemeanor 6 months $ 500

Hash & Concentrates

Up to 8 g No penalty None $ 0
8 g or more Misdemeanor 6 months $ 500
Unauthorized manufacture N/A 16 months – 3 years $ 500
Chemical manufacture N/A 3 – 7 years $ 50,000

Paraphernalia

Sale, delivery, possession with intent, and manufacture with intent Misdemeanor 15 days – 6 months $ 500
Involving a minor at least 3 years junior Misdemeanor 1 year $ 1,000

Forfeiture

Vehicles and other property may be seized for controlled substance violations.

Miscellaneous

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.
Any violation of the California Uniform Controlled Substances Act results in a fine up to $150.
A person who participates in the illegal marketing of marijuana is liable for civil damages.
It is a Misdemeanor to loiter in a public place with the intent to commit certain controlled substances offenses.
A controlled substance conviction can result in suspension of driving privileges.