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Rancho Cucamonga Marijuana Possession Attorneys

California Law Regarding Possession of Marijuana for Personal Use

California Health & Safety Code 11357 HS defines the law regarding simple possession of marijuana (meaning possession of marijuana for personal use, as opposed to possession of marijuana for sale). HS 11357 draws a critical distinction between possession of less than an ounce of marijuana, and possession of more than an ounce.

HS 11357 B Possession of Under an Ounce of Marijuana

Health & Safety Code 11357 (B) HS makes it a misdemeanor-and therefore a crime-to possess marijuana (even in a small amount of less than an ounce, that is less than 28.5 grams). However, the maximum sentence for a HS 11357 B violation is a $100 fine plus court surcharges. No jail time or probation may be imposed.

The concern of most people charged with HS 11357 (B) is simply the stigma of having it on their criminal record. But there are a number of ways of avoiding conviction. Proposition 36, Deferred Entry of Judgment and Drug Court are possibilities.

In our experience, however, most judges and prosecutors are willing to arrange an "informal diversion" to 11357(B) HS charges. Under this arrangement, for example, the person might attend a few meetings of narcotics anonymous, or do a few days of community service, and the case will be dropped. No criminal conviction is recorded, and no criminal record is created.

HS 11357 C Possession of More Than an Ounce of Marijuana

Health & Safety Code 11357 (C) HS makes it a misdemeanor to possess more than an ounce of marijuana. But the penalties here are greater. Rather than a mere $100 fine, a person convicted of Health & Safety Code 11357(C) HS could face probation, up to six months of county jail and a $500 fine.

In reality, though, a person in possession of marijuana for personal use, even more than an ounce, rarely goes to jail. Many people accused of HS 11357 C can take advantage of informal diversion, Proposition 36, deferred entry of judgment under PC 1000, and drug court.

HS 11357 D Marijuana Possession on School Grounds

Possession of one ounce (28.5 grams) or less of marijuana by a person over the age of eighteen on school grounds (grades K through 12), while school is in session, is a misdemeanor. Under California Health & Safety Code 11357(D) HS, this offense may be penalized by up to ten days in jail and a $500 fine.

Individuals that are under eighteen years of age, who possess no more than one ounce (28.5 grams) of marijuana on school property, are guilty of a misdemeanor. They may be sentenced to a fine of up to $250 on a first offense, or a fine of up to $500 plus up to 10 days of juvenile hall on a second or subsequent offense.

Minors Will Lose Their Drivers License for 1 Year

Pursuant to California Vehicle Code 13202.5, a person under the age of 21 convicted of a marijuana offense will lose his/her California drivers license for one year. This includes convictions for simple possession under 11357 HS. However, successful participation in a diversion program allows a minor to avoid a conviction and therefore also to avoid the loss of his/her driving privileges.

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