Possession of Marijuana

Health & Safety Code § 11357 makes it a crime to possess more than 28.5 grams of cannabis, or more than 8 grams of concentrated cannabis, or both.

Additionally, under Health & Safety Code § 11357(c), a person 18 years of age or older who possesses marijuana in violation of Health & Safety Code 11357 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 is guilty of a misdemeanor carrying an increased penalty.

Any person who violates the statute may be convicted of a misdemeanor punishable by up to three years imprisonment in county jail.

Persons under 18 years of age who violate Health & Safety Code § 11357 are guilty of an infraction punishable by the following:

• 1^st 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.
  
  
• 2^nd 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.

Persons 18 years of age or older who violate Health & Safety Code § 11357 are guilty of a misdemeanor punishable by the following:

• imprisonment in a county jail up to six months or
• a fine of up to $500 or
• by both that fine and imprisonment.

A person 18 years of age or older who possesses not more than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis, 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 is guilty of a misdemeanor and shall be punished as follows:

(1) A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed.

(2) A fine of not more than five hundred dollars ($500), or by imprisonment in a county jail for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed.

(d) Except as authorized by law, a person under 18 years of age who possesses not more than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis, 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 is guilty of an infraction and shall be punished in the same manner provided in paragraph (1) of subdivision (b).

• You did not deliver or arrange to have the substance delivered to someone
• The fake drugs were found during an unlawful search