Transporting Marijuana Defense in CaliforniaCalifornia Health & Safety Code § 11360

What counts as a violation of Health & Safety Code § 11360?

Health & Safety Code § 11360(a) makes it a crime to offer to, or to actually, transport, import into this state, sell, furnish, administer, or give away any cannabis. “Transport” means to transport for sale.

Health & Safety Code § 11360(b) makes it an infraction for every person who gives away, offers to give away, transports, offers to transport, or attempts to transport not more than 28.5 grams of cannabis, other than concentrated cannabis. An infraction is punishable by a fine of up to $100.

What is the punishment for violating Health & Safety Code § 11360(a)?

1. Persons under the age of 18years shall be punished in the same manner as provided in Health & Safety Code § 11357(b)(1).

• 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.

2. Persons 18 years of age or over shall be punished by imprisonment in a county jail for up to six months or by a fine of up to $500, or by both such fine and imprisonment.

3. A person 18 years of age or over may be punished by imprisonment pursuant to Penal Code § 1170(h) for a period of two, three, or four years if:

What are the defenses to Health & Safety Code § 11360?

• The marijuana was seized during an unlawful search
• You did not know the marijuana was present
• You did not intend to sell the marijuana