Possession of larger amounts of marijuana is a misdemeanor punishable by up to $500 and six months is jail under Health & Safety Code 11357c. Possession of hashish or concentrated cannabis is an optional misdemeanor or felony (“wobbler”) under Health & Safety Code 11357a. However, under Prop. 36 first- and second- time possession-only offenders may demand a treatment program instead of jail. Upon successful completion of the program, their conviction is erased. Possession (and personal use cultivation) offenders can also 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 of one ounce or less in a vehicle while driving may also be charged under Vehicle Code 23222, which is treated identically to HSC 11357 b.
No arrest or imprisonment is allowed for possession of less than one ounce of marijuana. However, police often get around this provision by charging minor offenders with felony intent to sell
Ramsey Law office, with locations in Sebastopol and Santa Rosa, is dedicated to the notion that medical Marijuana Laws in California benefit many residents, and that those people need to fill their prescriptions for Prop 215 Medicine somewhere. The obvious incongruity of the law in this area, that Weed is illegal to grow but legal to smoke, is an example of how Medical Marijuana recipients are disrespected by the lawmakers and law enforcement of California, not to mention the Voters that Approved of Prop 215
We at Ramsey Law Office will help you, should you have questions, concerns, or a pending legal matter. Contact us.