Prior to the passage of Prop 64, the Adult Use of Marijuana Act, California treated possession of less than an ounce of marijuana as an infraction carrying a 100 dollar fine under Health and Safety Code Section 11357(b).
Since the passage of Prop 64, It is now legal for adults who are 21 years and older to possess up to 28.5 grams of marijuana for personal use in California.
Under Prop 64, it is only persons aged 21 and older who can legally possess marijuana. People under 21 who possess any amount of marijuana will still be guilty of an infraction and will be sentenced to drug counseling, community service and/or (if they are 18 to 20 years old) a 100 fine.
Also, as noted above, Prop 64 has a 28.5 gram limit. Persons over the age of 18 who possess more than this amount (i.e. >28.5 grams) of cannabis can still be charged with a misdemeanor carrying up to 6 months in jail or a $500 fine.
Finally, California’s marijuana legalization law imposes criminal penalties on people who possess any amount marijuana or concentrated cannabis on the grounds of or inside any K-12 school while the school is open during school hours.
For people 18 and over, possessing marijuana at a school is a misdemeanor punishable by a $250 fine for first offenders. Minors under 18 who possess pot at a school are guilty of an infraction and face drug treatment and community service.
Is it still a crime to possess marijuana for sale in California?
Proposition 64 legalizes the sale of marijuana–but only for businesses that obtain and operate in accordance with a state license (and possibly various local licenses as well).
In other words, unless you are properly licensed, it’s still illegal to possess marijuana in California with the intent to sell it. However, Prop 64 made a major change in how serious this crime is.
Prior to the passage of Prop 64, possessing marijuana with the intent to sell it was a felony under Health and Safety Code Section 11359. Not only that, it was what was called a “Non-Alternative” felony. If you were convicted of this crime, there was no way to later have it reduced to a misdemeanor by a judge.
Prop 64 now makes Health and Safety Code Section 11359 a misdemeanor crime for most adult defendants, carrying a maximum penalty of six (6) months in county jail, and/or a fine of up to five hundred dollars.
There are some exceptions to this. Possessing marijuana with the intent to sell it remains a felony under Health and Safety Code Section 11359 if any of the following is true:
- You have a prior conviction for one of a list of particularly serious violent felonies. (These type of prior felonies are sometimes referred to by the slang term, “Superstrikes” and include crimes like murder, sex crimes against a child under 14 or gross vehicular manslaughter while intoxicated)
- You have been convicted of any sex crime that requires you to register as a sex offender
- You have two (2) or more prior misdemeanor convictions for marijuana possession for sale
- You possessed marijuana for sale in connection with a knowing sale or attempted sale to someone under 18
- You are over 21 and knowingly hired, employed or used a person under 21 in unlawful marijuana activities
Defendants who fall into any of these categories are punishable by a felony sentence of sixteen (16) months, two (2) years, or three (3) years in jail despite marijuana legalization.
Is it still a crime to possess marijuana concentrates (essential cannabis oils or wax) in California?
Prior to Prop 64, California treated possession of concentrated cannabis as a misdemeanor offense under Health and Safety Code Section 11357(a).
It is now legal for adults who are 21 years and older to possess up to 8 grams of concentrated cannabis for personal use in California. Possession of over 8 grams of marijuana concentrates remains a misdemeanor with a maximum sentence of up to 6 months in jail and a 500 dollar fine.
Only persons aged 21 and older can legally possess concentrated cannabis, commonly found in the form of essential marijuana oil or wax. Under Prop 64, people from 18 to 20 years old who possess less than 4 grams of concentrate can be charged with an infraction and a $100 dollars fine. 18 to 20 year olds who possess more than 4 grams can be charged with a misdemeanor.
Minors under 18 who possess any amount of concentrated cannabis can be charged with an infraction and can be sentenced to drug counseling, community service and/or (if they are 18 to 20 years old) a 100 fine.
Also, as noted previously, California’s marijuana legalization law imposes criminal penalties on people who possess any amount of concentrated cannabis on the grounds of or inside any K-12 school while the school is open during school hours.
For people 18 and over, possessing less than 4 grams of marijuana concentrates at a school is a misdemeanor punishable by a $250 fine for first offenders. Minors under 18 who possess pot at a school are guilty of an infraction and face drug treatment and community service.