Possession of up to an ounce

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Possession of up to an ounce

Reductions and Dismissals of Prior Marijuana Felonies 

As of November 8, 2016, with passage of Prop 64., it is now Legal to Possess (and Give) an ounce of Marijuana & 8 grams of Hashish; California Health & Safety Code § 11362.1, 11362.45; 

LAW: POSSESSION, BY ADULTS OVER 21, OF AN OUNCE OR LESS OF MARIJUANA AND EIGHT GRAMS OF HASHISH  IS LEGAL IN CALIFORNIA: It is legal to possess, process, transport, purchase, obtain or give away by and to persons  21 years of age or older without any compensation whatsoever, not more than 28.5 grams of marijuana, or eight  grams of concentrated cannabis (hashish), including either amount contained in marijuana products. (See page  10, 11, and 12 regarding how to avoid conviction). 

PROP 64 PROVIDES FOR MOST PRIOR MARIJUANA FELONIES TO BE REDUCED TO MISDEMEANORS OR EVEN  DISMISSED IN SOME CASES The law is retroactive, meaning defendants can have their conviction reduced to what it  would have been at the time if Prop 64 had been in effect. 

Exceptions Include: transportation out of state, violation of environmental laws, prior sex offenses, and serious or prior  violent felonies and marijuana convictions involving minors. 

See LA Time Article on Mr. Margolin’s efforts to establish on-site consumption locations (Page 52). However, the following are restrictions on marijuana possession: 

  • Smoke or ingest marijuana or marijuana products in any public  place, except in accordance with Section 26200 of the Business  and Professions Code ($100 infraction*)
  • Smoke marijuana or marijuana products in a location where  smoking tobacco is prohibited.  

($100 infraction*)

  • Smoke marijuana or marijuana products within 1,000 feet  of a school, day care center, or youth center while children  are present at such a school, day care center, or youth  center, except in or upon the grounds of a private residence  or in accordance with Section 26200 of, or Chapter 3.5  (commencing with Section 19300) of Division 8 of, the  Business and Professions Code and only if such smoking is  not detectable by others on the grounds of such a school,  day care center, or youth center while children are present  ($100 infraction*)
  • Possess an open container or open package of marijuana or  marijuana products while driving, operating, or riding in the  passenger seat or compartment of a motor vehicle, boat,  vessel, aircraft, or other vehicle used for transportation ($250  infraction*). Per SB94, it is ok to store open containers in trunk.  Patients with doctor recommendation or country issued health  department card may have unsealed containers. 
  • Possess, smoke or ingest marijuana or marijuana products in  or upon the grounds of a school, day care center, or youth  center while children are present ($100 infraction*)
  • Manufacture concentrated cannabis using a volatile solvent,  unless done in accordance with a license under Chapter 3.5  (commencing with Section 19300) of Division 8 of, or Division  10 of, the Business and Professions Code. 
  • Smoke or ingest marijuana or marijuana products while  driving, operating a motor vehicle, boat, vessel, aircraft, or  other vehicle used for transportation .  

($250 infraction*) 

  • Smoke or ingest marijuana or marijuana products while  riding in the passenger seat or compartment of a motor  vehicle, boat, vessel, aircraft, or other vehicle used for  transportation except as permitted on a motor vehicle, boat,  vessel, aircraft, or other vehicle used for transportation that is  operated in accordance with Section 26200 of the Business  and Professions Code and while no persons under the age of  21 years are present.  

($250 infraction*)

  • Nothing in this section shall be construed or interpreted to  amend, repeal, affect, restrict, or preempt laws pertaining to  the Compassionate Use Act of 1996. 
  • For purposes of this section, “day care center” has the same  meaning as in Section 1596.76. 
  • For purposes of this section, “smoke” means to inhale, exhale,  burn, or carry any lighted or heated device or pipe, or any  other lighted or heated marijuana or marijuana product  intended for inhalation, whether natural or synthetic, in  any manner or in any form. “Smoke” includes the use of an  electronic smoking device that creates an aerosol or vapor,  in any manner or in any form, or the use of any oral smoking  device for the purpose of circumventing the prohibition of  smoking in a place. 
  • (d) For purposes of this section, “volatile solvent” means  volatile organic compounds, including: (1) explosive gases,  such as Butane, Propane, Xylene, Styrene, Gasoline, Kerosene,  O2 or H2; and (2) dangerous poisons, toxins, or carcinogens,  such as Methanol, Isopropyl Alcohol, Methylene Chloride,  Acetone, Benzene, Toluene, and Trichloroethylene. 
  • For purposes of this section, “youth center” has the same  meaning as in Section 11353.1. 

*Penalty assessments on fines are added  

(i.e $100 can become approximately $500)

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