Even after the recreational use of marijuana was legalized in California, the state still has strict marijuana laws governing its use, production, and sale. Remember that marijuana is still a controlled substance whose production, use, and distribution are regulated by the law due to its potential for abuse and addiction. It helps to understand marijuana-related laws to avoid violating them. It also helps to understand and protect your rights if you face charges for violating marijuana laws.

California's marijuana laws are complex and challenging to navigate without legal help. We recommend our service and support at California Criminal Lawyer Group if you face marijuana-related charges in Fresno. Our team of skilled and experienced criminal lawyers will first study the details of your case to help you understand your legal situation and options. We will also aggressively fight against your charges to obtain a favorable outcome.

An Overview of Marijuana-Related Laws

Like every controlled substance under the Controlled Substances Act, the use, production, and distribution of marijuana are highly regulated in California. It is because the drug has a high potency for abuse and addiction. Up until 2018, the use of marijuana was illegal. However, after the passing of Proposition 64 into law in 2016, the recreational use of marijuana became legal in California. This new law allows adult marijuana users (aged 21 and older) to be in possession of not more than one ounce of dry marijuana and eight grams of concentrated marijuana. If the quantities in your possession exceed the set limits, you will face serious charges and possible incarceration.

Adult marijuana users can also cultivate a maximum of six plants of the drug for personal consumption. If you exceed that number, you will face criminal charges and possible jail time.

Individuals aged 21 and younger (underage users) are prohibited from using the drug, even for recreational purposes. If you are 21 years and younger, and the police find you with marijuana on your person or property, you will face criminal charges. That could result in community service and possible drug treatment.

Marijuana laws in California have come a long way. You must familiarize yourself with all the changes that have occurred over time to better understand your legal situation and plan for defense if you face arrest for a marijuana-related violation. Here are some of the most common marijuana laws and their legal implications:

Possession of Marijuana for Personal consumption

The illegal possession of marijuana for personal consumption is covered under Health and Safety Act 11357. According to this statute, adults aged 21 or older can have or have at least 28 ½ grams of the drug. This is a relatively new law that took effect in 2018. It also provides that you can only smoke or consume marijuana privately and with the owner’s consent. It means that your landlord or employer can forbid the use of marijuana on their property or workplace. If that is the case, you can face charges for using marijuana against their regulations.

Even though recreational use of marijuana is legal now, adults cannot consume the drug in areas where they cannot smoke tobacco. Remember that you are only allowed to enjoy the drug in private. Here are some ways you could violate this statute:

Marijuana Possession By an Individual Under 21

Remember that recreational use of marijuana is only allowed for adults aged 21 and older. If you are younger than 21, you can face serious criminal charges for illegally possessing the drug. The violation is mainly an infraction that, even though it is not punishable by jail or prison time, will subject you to these penalties:

  • A court fine of $1000 if you are 18 or older.
  • Four hours of drug counseling and education for first offenders and six hours for second and subsequent offenders below 18 years.
  • Community service for at least ten hours for first offenders and 18 hours for second and subsequent offenders below 18.

Possessing More Marijuana Than is Legally Allowed

Remember that even though recreational use of marijuana is legal in California, you can only have 28½ grams of the drug for your own use at a time. Having more than that can result in serious criminal charges. Having more marijuana than allowed for individual use is mainly a misdemeanor offense, punishable by the following:

  • Six months in jail.
  • $500 in court fines.

If you are a minor and the police find you possessing excess marijuana, you will face charges for an infraction. The offense is punishable by a court fine, mandatory drug education and counseling attendance, and community service participation.

Marijuana Possession Within School Grounds

According to HS 11357, you are not allowed to bring marijuana into or within a school compound, whether the school is in or out of session. This offense is mainly a misdemeanor, carrying the following possible penalties:

  • $250 in court fines for first offenders.
  • Participation in community service and drug treatment for offenders below 18.

Cultivating Marijuana

The law also permits adults to grow marijuana for recreational use, albeit under strict regulations. Under HS 11358, you can face serious charges for illegally producing the drug. For example, you can face severe charges for growing the drug for purposes other than your own. The law also makes it a severe offense for an adult marijuana user (aged 21 and older) to cultivate more marijuana plants in their private residence than the six allowed. Spouses or partners with the same home can only grow six marijuana plants at a time. They must not have 12 or more plants in their home.

The cultivation of marijuana is a broad term comprising all activities surrounding the production of the drug, including growing, caring for, harvesting, and processing the plant or its parts. Under Proposition 64, adults can produce the drug indoors, on their personal properties, in locked spaces, and anywhere else where the plant will not be seen by the public.

There are several ways in which you can violate marijuana cultivation laws.

Under HS 11358, the law forbids an underage marijuana user (between 18 and 21) to cultivate marijuana, even for personal consumption. You cannot be found with one or just a few plants of marijuana in your residence. The offense is mainly an infraction, punishable by paying a $100 court fine.

An adult marijuana user cannot cultivate more plants of the drug than the recommended six. If that happens, you will face misdemeanor charges, punishable by six months of incarceration and a $500 fine.

The prosecutor can file felony charges in specific situations involving the illegal cultivation of the drug. For example, if you have planted more marijuana plants and the following applies:

  • You have a severe or violent felony conviction on your criminal record, or
  • You are registered in the sex offender registry.
  • You have at least two prior convictions for illegal cultivation of marijuana in your record.
  • You have violated severe environmental rules when cultivating the drug.

If the court finds you guilty of a felony under this statute, you could face a three-year prison sentence and a $10,000 court fine.

Instead of sending you to jail or prison for the illegal cultivation of marijuana, the judge can sentence you to a rehabilitation facility where you will receive rehabilitation and dismiss your case altogether. But you only qualify for drug treatment if this is your first offense.

Possession of Marijuana for Sale

HS 11359 prohibits possession of the drug for sale. Adult marijuana users are only allowed to possess a particular amount of marijuana for their own use. Possession of marijuana for sale is a severe crime for anyone without a license to sell the drug to recreational users. HS 11359 also prohibits the illegal sale of the drug without authorization. Though the crime was previously a felony, unlawful possession of marijuana for sale is a misdemeanor today. The district attorney must demonstrate the following elements for the judge to give a guilty verdict:

  • You were in possession of marijuana when the police arrested you.
  • The drug was in usable amounts.
  • You were aware of the drug’s presence in your person or property.
  • You knew of the drug’s nature as a controlled substance.
  • You intended to sell the drug in your possession without a valid license.

If there is evidence that you offered to sell the drug to another person, the prosecutor will depend on that evidence to prove your intent to sell. Sometimes the prosecution team relies on inconclusive evidence to prove their case. For example, for example:

  • If you also were in possession of paraphernalia believed to be used in sales transactions involving marijuana,
  • You had packed marijuana in small baggies.
  • You had digital scales and other equipment used to measure the drug.
  • You had unused baggies for packaging the drug.
  • The quantity of drugs in your possession was more than you needed for your own use.
  • You have a history of dealing in controlled substances.
  • You had unexplained weapons and cash in the place where the police arrested you.
  • The police saw you conducting illegal marijuana transactions.

Though the violation is mainly a misdemeanor, the prosecutor can file felony charges in specific circumstances. For example, if you have a past sex crime or violent felony conviction or are a repeat offender. You will also face felony charges if the prosecutor proves you plan to sell the drug to minors. A felony sentence under this statute is punishable by a maximum of three years in prison.

But the judge can sentence you to probation instead of jail or prison. If that happens, they will give you strict probation conditions to abide by throughout your probation, including:

  • Attending drug treatment classes.
  • Agreeing to undergo regular drug tests.
  • Participating in community service.
  • Payment of court fines.

Selling Marijuana Without Proper Authorization

Selling marijuana, even to adult users, is highly regulated. You need a valid license to conduct this business. HS 11360 prohibits selling marijuana without proper licenses. You will also face charges under this law if you aid or abet the illegal sale, transportation, or importation of the drug. If the police arrest you for constructive possession of more marijuana than you need for personal consumption, you could face charges under this law.

The prosecutor can file misdemeanor or felony charges against you for selling the drug without a valid license. The possible penalties for a misdemeanor conviction are six months in jail and $500 in court fines.

The prosecutor will file felony charges under the following circumstances:

  • If you have a past violent or severe felony conviction on your record,
  • If you are a registered sex offender,
  • If you have at least two previous convictions for this offense,
  • If you attempted to sell the drug to a minor.
  • If you tried to export or import a large amount of the drug in or out of the state.

A felony sentence for illegally selling marijuana is punishable by four years in prison and $10,000 in court fines. A conviction will impact your gun rights. You are also required to disclose the conviction in job applications.

Though you do not qualify for drug diversion after a conviction for the illegal sale of a drug, the judge can sentence you to probation instead of jail or prison. For felony convictions, the judge could order you to serve a year in jail and the rest of your sentence on probation. However, you will receive probation conditions by which you must abide throughout the probation period. Examples of these conditions include:

  • Mandatory individual or group counseling.
  • Drug treatment.
  • Not using drugs, especially marijuana, while on probation.
  • Participation in community service.
  • Submitting periodic reports to the judge or probation officer on your progress.
  • Agreeing to undergo regular drug tests.
  • Payment of court fines.

Selling Marijuana to Minors

Selling marijuana to minors is prohibited under HS 11361. Under this law, it is unlawful to give, offer, sell, or furnish marijuana to an individual younger than 18. Also, you cannot induce a child to use the drug or employ them to sell, transport, or give it away. Adults who involve minors in the sale, transportation, or distribution of marijuana can face criminal charges under this law.

The offense is mainly a felony, punishable by:

  • Three, four, or five years in prison, which can increase to Three, five, or seven years in prison if the child is 14 or younger.
  • Felony probation for up to five years.
  • $10,000 in court fines.

If the judge sentences you to probation, they could order you to serve at least a year in jail before probation. You could also receive probation conditions that could include the following:

  • Submitting periodic reports on your progress to a probation officer.
  • Paying the necessary court fines.
  • Participating in community service.
  • Agreeing to regular searches and seizures.
  • Submitting to standard drug tests.
  • Drug treatment and counseling.
  • Not coming into contact with children.

If you violate any court-given conditions, the judge can send you to jail for the maximum period the law allows.

Laws on Concentrated Marijuana

The state has separate laws governing the possession, sale, and distribution of concentrated marijuana. Concentrated marijuana is a different resin from Cannabis sativa, also known as hash wax, honey oil, or hashish. This particular resin has a psychoactive ingredient called THC. It appears in various forms, including semisolids, chunks, liquids, and bricks. California laws make it illegal to possess large amounts of concentrated marijuana (more than eight grams). You could produce potent marijuana without using chemical solvents like butane.

You can violate California's laws on concentrated marijuana in several ways. The various violations depend on the exact illegal activity you commit with or using the substance. Here are examples:

Simple Possession of Concentrated Marijuana

It is against the law to have more than eight grams of concentrated marijuana on your person or property. The offense is a misdemeanor, punishable by $500 in court fines and six months in jail.

Possession of Concentrated Marijuana for Sale

You cannot keep more concentrated marijuana than you need for personal consumption, except for people with valid licenses to sell the drug. Possessing more for sale is a misdemeanor offense, punishable by six months in jail. The prosecutor can file felony charges under the following circumstances:

  • If you have a severe or violent felony conviction in your criminal record, including a sex crime conviction resulting in sex offender registration,
  • If this is your third violation of the same law,
  • If you intended to or attempted to sell the concentrated drug to a minor.

Manufacture of Concentrated Marijuana

The law only allows you to produce eight grams of concentrated marijuana for your own use. Making more than that can result in misdemeanor charges, punishable by six months in jail. Using a poisonous chemical like butane to make the drug could also result in criminal charges, punishable by a fine of up to $50,000 and seven years in prison.

Transportation or Sale of Concentrated Marijuana

You need a valid license to sell, transport, or possess concentrated marijuana for sale. Doing so without a permit can result in misdemeanor charges, punishable by six months in jail. The prosecutor can file felony charges if you sell or attempt to sell the drug to a minor or are a repeat offender.

Laws Governing Use and Sale of Medical Marijuana

The consumption of medical marijuana in California was legalized through the 1996 Compassionate Use Act. The law allows adults to consume medical marijuana under specific conditions. For example, if the user has a recommendation or approval from their physician to manage a severe medical condition. Severe medical conditions that could be managed using medical marijuana include chronic pain, arthritis, severe nausea, cancer, and migraines. They mainly have medical conditions that significantly limit their ability to perform crucial life activities and severely harm their physical or mental health.

The law allowing the use of medical marijuana protects patients against prosecution. It also protects caregivers from prosecution when administering medical marijuana to their patients. It covers medical practitioners from different disciplines through medical boards and criminal sanctions.

HS 11357 and HS 11358 are the laws governing the possession and production of medical marijuana. The rule applies to everyone except patients or their primary caregivers, provided that the possession and cultivation of marijuana are only for medical reasons. Patients and their caregivers can also legally transport medical marijuana. But they need a valid license to prove they are exempt from the law.

However, patients and caregivers can face prosecution if it is established that they possess or cultivate excess marijuana. A patient or caregiver with a permit to possess or grow marijuana can lawfully possess no more than eight ounces of the drug. Also, they must not cultivate more than twelve plants of marijuana.

If a patient or caregiver is in possession of excess amounts of the drug they need for medical purposes according to their doctor’s recommendations, they can face persecution. In such cases, the patient or caregiver bears the burden of proof that the amount of drugs they possess matches their medical requirements. They could need their doctor’s testimony or a specialist in the medical use of marijuana to prove their case.

Find an Experienced Criminal Defense Lawyer Near Me

Do you or someone you love face marijuana-related charges in Fresno?

An arrest for drug-related charges comes with confusion and fear of what to expect. However, a skilled attorney can explain your situation, charges, and options. They will also protect your rights and streamline the legal process to make it more manageable.

We handle all kinds of drug-related charges at California Criminal Lawyer Group. Thus, we could be your best choice if you face a marijuana-related charge today. Our team will first study the details of your case and the prosecutor’s evidence to devise a defense strategy that could help your case. We use the best defense strategies to deliver the best possible outcome for every case. Call us at 559-712-8377 to learn more about your legal situation and our services.