Possession of Marijuana
Health & Safety Code § 11357
Possession of Marijuana
Health & Safety Code § 11357 criminalizes possession of marijuana in certain circumstances. The punishments for a violation of this statute depend on: 1) a person’s age, 2) the amount of marijuana in his or her possession, and 2) whether the person possessed the marijuana on school grounds.
Health & Safety Code § 11357(a) makes it a crime to possess up to 28.5 grams of cannabis, or up to 8 grams of concentrated cannabis, or both if you are less than 21 years old
- 1st Offense: complete four hours of drug education or counseling and up to 10 hours of community service over a period not to exceed 60 days.
- 2nd Offense: complete six hours of drug education or counseling and up to 20 hours of community service over a period not to exceed 90 days.
- Fine of up to $100
Health & Safety Code § 11357(b) makes it a crime to possess more than 28.5 grams of cannabis, or more than 8 grams of concentrated cannabis, or both
- 1st Offense: Complete eight hours of drug education or counseling and up to 40 hours of community service over a period not to exceed 90 days.
- 2nd Offense: Complete 10 hours of drug education or counseling and up to 60 hours of community service over a period not to exceed 120 days.
- 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.
Health & Safety Code § 11357(c) makes it a misdemeanor crime for a person 18 years of age or older who possesses marijuana in violation of Health & Safety Code 11357(a) upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 to 12, inclusive, during hours the school is open for classes or school-related programs
If you are under 18
- 1st Offense: Complete eight hours of drug education or counseling and up to 40 hours of community service over a period not to exceed 90 days.
- 2nd Offense: Complete 10 hours of drug education or counseling and up to 60 hours of community service over a period not to exceed 120 days.
If you are 18 or over
- 1st Offense: a fine of up to $250
- 2nd Offense: a fine of up to $500, imprisonment in county jail for up to 10 days, or both
What are the defenses to Health & Safety Code § 11357?
- You did not know you possessed the marijuana
- The marijuana was seized during an unlawful search
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