Marijuana Use in California

Although California has legalized marijuana for medical use, it is still unlawful for recreational use and selling. According to Proposition 215, anyone with cancer, anorexia, AIDS, spasticity, glaucoma, arthritis, migraines or other chronic illness has the “legal right to obtain or grow and use marijuana for medical purposes when recommended by a doctor”. Under no condition are they allowed to sell marijuana or possess more than the allowed amount.

Possession of marijuana for sale is considered a felony and you could receive anywhere from 16 months to 3 years in county jail. In order to prove you possessed marijuana for the use of sale there needs to be one of the following: a large quantity, the presence of items such as baggies and scales, pot divided into multiple baggies, the presence of cash and/or weapons or if the opinion of the arresting officer suggested it was for sale.

California law prohibits possession for personal use (“simple possession”), which means anything more than 28.5 grams of marijuana, so any possession below that is punishable by a $100 fine alone, there is no jail time. Possession of more than an ounce (28.35 grams) of marijuana is considered a crime.

Additionally, possession of marijuana on school grounds or possession of any amount of concentrated cannabis is considered a crime. Concentrated cannabis is the separated resin (whether crude or purified) obtained from the marijuana plant. It is commonly referred to as “hashish” or “hash”.

Keep in mind marijuana is still considered a Schedule 1 hallucinogenic drug under federal law. Marijuana-based offenses are usually more severely punished under federal law. You could have a fine of up to $1,000 or up to a year in federal prison.

For more information about California’s marijuana laws or to learn what you need to do if you have been charged of illegal marijuana possession, contact us for free consultation.

There’s no substitute for a strong criminal attorney,
call Wing & Parisi at (916) 441-4888.

Contact us online or call at (916) 441-4888 for a free and confidential initial consultation, available in Spanish. We appear in state and federal courts in the Sacramento and Davis communities as well as throughout Placer and San Joaquin counties.

The Law Office of Wing & Parisi serves clients in the Sacramento and Davis communities as well as throughout Placer County and San Joaquin County. Hablamos espanol.