Possession of Over an Ounce

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Possession of Over an OuncePossession of Over an Ounce

Possession of Over an Ounce

California Health & Safety Code § 11357; 

Except as authorized by the law*, possession of not more than 28.5 grams of marijuana, or not more than four/ eight grams* of concentrated cannabis, or both, shall be punished or adjudicated as follows: 

ALL ADULTS 21 OVER IN CALIFORNIA  

LAW: POSSESSION OF OVER AN OUNCE OF MARIJUANA AND/OR OVER 8 GRAMS OF HASH BY ADULTS  OVER 21 IS A MISDEMEANOR: It is illegal to knowingly possess marijuana over an ounce and have it under your  dominion and control. Possession of an amount over an ounce, is punishable by up to six months of jail, a $500 fine,  or both.  

POSSESSIONADULTS 18-21 H&S 11357 (B)(2)(b)  

Not More than 28.5 grams of marijuana, or not more than four grams of concentrated cannabis • Persons at least 18 years of age but less than 21 years of age shall be guilty of an infraction and punishable by a  fine of not more than one hundred dollars ($100, plus penalty assessments). H&S 11357 (a)(2) 

Possession of More than 28.5 grams of marijuana, or more than four grams of concentrated cannabis • May 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 such fine and imprisonment. H&S 11357 (b)(2) 

JUVENILES (UNDER 18) H&S 11357 (a)(1)  

Not More than 28.5 grams of marijuana, or not more than four grams of concentrated cannabis  • Upon a finding that a first offense has been committed, complete four hours of drug education or counseling  and up to 10 hours of community service over a period not to exceed 60 days. H&S 11357 (a)(1)(A) • Upon a finding that a second offense or subsequent offense has been committed, complete six hours of drug  education or counseling and up to 20 hours of community service over a period not to exceed 90 days. (a)(1)(B) 

More than 28.5 grams of marijuana, or not more than four grams of concentrated cannabis • Upon a finding that a first offense has been committed, complete eight hours of drug education or counseling  and up to 40 hours of community service over a period not to exceed 90 days. 

  • Upon a finding that a second or subsequent offense has been committed, complete 10 hours of drug education  or counseling and up to 60 hours of community service over a period not to exceed 120 days. • Note Anyone who is under the age of 21 and who is convicted for any amount of marijuana will lose their  driver’s license for one year; regardless of whether or not the offense was related to driving.  

*The initiative set inconsistent limits regarding marijuana/cannabis concentrates, by allowing possession of up to 8 grams in  Sec. H&S 11362.1 (a)2, but penalizing more than 4 grams in Sections H&S 11357(a), (b) and (c) and 11360. This contradiction  will have to be resolved by the courts or the legislature. 

*Exceptions Include qualified Medical Marijuana/Cannabis Patients who are allowed to grow any amount deemed reasonably  necessary for their current medical needs ( see pages 15-16) (Subject to local city and county regulations) *Penalty assessments on fines are added (i.e. $100 will become approximately $500) 

Note from Bruce: It is a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving  away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing,  offering to furnish, administering, or giving any controlled substance to a minor with a conviction punishable  by up to 3-7 years. 

Note From Bruce: Prop 215 (Compassionate Use Act) Remains In Effect And Protects Patients Rights  California Health & Safety Code § 11362.3 (F)  

Nothing in this section shall be construed or interpreted to amend, repeal, affect, or preempt laws  pertaining to the Prop 215 (Compassionate Use Act of 1996). Prop 215 remains in affect, therefore patients  may cultivate amounts reasonable for their current medical needs. (See People V. Kelly on Page 19)  (However, it is subject to local city and country regulations (see Kirby v. Fresno Ct. No. 14CECG00551) 

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