In 1996, California became the first state in the U.S. to legalize medicinal marijuana, and since then, cannabis has been legalized for recreational use. Cannabis statutes have also evolved since the legalization of marijuana to embrace the legalization. It is essential to understand Marijuana laws because it can help you avoid violating the statutes. It would also help to know the steps to take when you face charges for violating the marijuana laws. If you or your loved one has violated any marijuana statute, The Law Office of Ann Gottesman can help you fight your charges in Los Angeles or Pasadena, CA.

Overview of Marijuana Legalization

Using and possessing marijuana for medical and recreational use is legal. Initially, marijuana was categorized as a Schedule I drug, making it a crime to possess or use marijuana under the U.S. Controlled Substances Act. Marijuana was categorized after being determined to carry a high risk of addiction and abuse. There were also claims that it had no medicinal value.

However, in 1990, experts demonstrated the medical value of marijuana, and this pushed for its legalization. The efforts were successful in 1996 when California became the first U.S. state to legalize medical marijuana. It became lawful to use recreational marijuana in California in 2016, but the statute came into effect on January 1, 2018.

In 2016, the voters in California passed Prop 64, which legalized recreational use of marijuana. Prop 64, also known as the Adult Use of Marijuana Act, made the recreational use of marijuana lawful. It also reduced the punishment attached to marijuana crimes. However, cannabis is still heavily regulated. The state has stepped up the fight against illegal activities related to marijuana. Some unlawful activities include manufacturing, cultivation, transportation, sale, and possession.

Whether it is Legal to Possess Marijuana for Personal Use

Health and Safety Code 11357 is the marijuana statute that governs possession of marijuana for recreational purposes. As of January 1, 2018, possession of marijuana weighing no more than 28.5 grams for personal use is legal. This law applies to individuals aged 21 years or older. This statute also applies to the possession of up to eight grams of concentrated cannabis.

However, there are limitations on where you can use weed. You can consume or smoke marijuana and cannabis products in private with the permission of the property owner where you reside. In this case, your employer or landlord can stop you from using marijuana at work or on a property you rent.

It is also unlawful to consume or smoke in the following areas:

  • Any area where smoking tobacco is prohibited
  • Any public place like stores, workplaces, restaurants, bars, parks, or sidewalks

It is also an offense to possess open containers of marijuana in public, even if you are not using weed.

The Crime of Possessing Marijuana

The following are marijuana possession offenses charged as misdemeanors or infractions:

  • Possession of concentrated cannabis or marijuana on any K-12 school grounds while the school is in session
  • Possession of more than 28.5 grams of marijuana or concentrated cannabis that exceeds eight grams
  • Possession of marijuana when you are below 21

Possession of Marijuana with the Intent to Sell

It is legal under Prop. 64 to sell weed under certain circumstances. Only businesses that secure a license and operate per the local and state licenses can sell marijuana. It is, therefore, an offense under HSC 11359 for you to possess marijuana with the intent to sell it without a license. If you are an adult and convicted under HSC 11359, you could face misdemeanor charges that attract the following penalties:

  • A fine that does not exceed $500
  • A jail term that does not exceed six months in a county jail

You could face felony charges under HSC 11359 if the following is true:

  • You possessed weed for sale in connection with an attempted or intentional sale to a minor under 18 years old.
  • You have two or more previous misdemeanor charges for possession of marijuana for sale
  • You have a previous charge for one of the violent felonies like murder, gross vehicular manslaughter while intoxicated, a sex offense that requires you to register as a sex offender, or sex offenses against a minor below 14 years old.

If you are guilty of possessing marijuana for sale, you could face a jail term of 16 months, two years, or three years in a county jail.

Prosecutors always prove the intent to sell marijuana without a license using circumstantial evidence. Some of the evidence includes:

  • The opinion of law enforcement was that marijuana was for sale
  • The presence of weapons or cash
  • Weed is divided into several baggies or containers
  • The presence of items like scales and baggies
  • A large amount of weed

Marijuana Cultivation Statutes

Prop 64 amended HSC 11358, permitting individuals aged 21 years or older to cultivate marijuana that does not exceed six plants. Under this law, you should plant marijuana indoors. You can only plant marijuana outdoors if you are allowed to do so under local rules.

Marijuana plants must be in a secure location and not accessible to minors, regardless of whether they are grown outdoors or indoors. You could face infraction charges if you are under 21 years old and grow any amount of marijuana. A person aged below 18 who is guilty of violating HSC 11358 could have to enroll in drug counseling and perform community service. You could face a fine that does not exceed $100 if you are 18 or older but below 21 years old.

It is an offense to cultivate more than six marijuana plants if you are an adult. You could face misdemeanor charges under HSC 11358 if you plant, cultivate, harvest, dry, or process over six living marijuana plants. The penalties you could face include:

  • A fine that does not exceed $500
  • A jail that does not exceed six months in a county jail

The following individuals could face felony charges if they cultivate more than six marijuana plants:

  • People who violate certain environmental statutes in their marijuana cultivation activities
  • People who have had two or more previous charges for cultivating more than six marijuana plants
  • Registered sex offenders
  • Defendants with serious violent felonies on their record

You must comply with cultivation guidelines if you are growing marijuana commercially, including:

  • Securing a license from the Department of Fish and Wildlife and the California Water Boards —the boards regulate water usage and safe agricultural practices, which protect water and preserve aquatic ecosystems from damage.
  • Pest management practices like safe pesticide use and the pesticides you can or cannot use

You should obtain a medical marijuana card if you are using medical marijuana. The card has the following benefits:

  • Access to marijuana if you are below 21 years old with the permission and recommendation of your physician
  • Cultivate over six marijuana plants as long as they are consistent with your reasonable needs
  • Exemption from paying state sales taxes associated with cultivating marijuana for recreational use

You have the burden to prove that your growing activity is consistent with the law and your medical needs if you are a medical marijuana user and are arrested for unlawful cultivation. If you are a medical marijuana user, you are allowed to grow 12 immature plants and six mature marijuana plants, or as many as are reasonably consistent with your medical needs.

Medical Marijuana Statutes

The voters in California passed Prop 215, which legalized medical cannabis. This law is called the Compassionate Use Act of 1996 (CUA). The CUA is outlined in HSC 11362.5 and subsequent sections. Prop 215 was passed first, and Prop 64 followed two decades later. Medical marijuana laws and systems are still relevant for public health, even if recreational marijuana is legal. The strict quantity restrictions applicable to recreational marijuana do not apply. You can possess as much marijuana as your situation demands for medical purposes with a doctor's recommendation.

Additionally, if you are below 21 years old, you could cultivate and use medical marijuana with your doctor's recommendation. If you are below 18 years old, you can do so with your parent's permission.

Individuals Legally Allowed to Use Medical Marijuana

An eligible patient is legally entitled to a medical marijuana identification card under the CUA if the doctor approves or recommends it for treatment of severe medical conditions like:

  • Seizures
  • Persistent muscle spasms
  • Multiple sclerosis
  • Migraines
  • Glaucoma
  • Cancer
  • Cachexia
  • Arthritis
  • Anorexia
  • Aids

Primary Caregiver and Medical Marijuana

You could be a primary caregiver if you are:

  • Consistently responsible for the safety, health, or housing of the patient
  • Designated for that purpose by the patient

Medical marijuana statutes allow the cultivation, administration, transport, and possession of medical marijuana as long as it is for the following reasons:

  • For the personal use of the patient
  • It is in a quantity reasonably related to the current medical needs of the patient

However, under no condition should you:

  • Cultivate or possess more marijuana than is reasonably related to the medical use of the patient
  • Sell marijuana

As of January 1, 2018, Prop 64 demands that all medical marijuana users secure a new recommendation from their doctors.

The law also allows the distribution of medical marijuana through non-profit collectives, cooperatives, or medical marijuana dispensaries. The state and local authorities, however, have strict rules for dispensaries. Legally operating dispensaries are allowed to give marijuana to primary caregivers and their medical marijuana patients with an ID card or sell it to them at cost.

However, with the enactment of Prop 64, it is not known if medical marijuana dispensaries will be folded into the new market for legal recreational marijuana or will continue to operate long-term.

Concentrated Cannabis Laws

Concentrated cannabis could be purified or crude. It is the separated resin obtained from the marijuana plant. It is also known as hash or hashish. Under the law, concentrated cannabis is deemed marijuana. In this case, people who are allowed to cultivate, possess, or transport medical marijuana could do so with concentrated cannabis. Simple possession of concentrated cannabis for recreational use is also lawful under Prop 64. However, you can only possess up to eight grams for personal use.

Whether Driving with Marijuana is an Offense

You could face charges under VC 23222(b) if you drive while in possession of up to 28.5 grams of marijuana. This law is related to the law against driving with an open container of alcohol in your car. Prop 64 did not affect this statute.

You could face infraction charges if you are guilty of driving in possession of marijuana. Infraction charges could attract a fine that does not exceed $100. Driving under the influence of marijuana is charged the same as DUI of alcohol. You could be ordered to undergo blood tests to determine the amount of THC in your blood.

Federal Marijuana Statute

The federal "Controlled Substances Act" (CSA) is under Title 21 of the U.S. Code. Cannabis is categorized as a Schedule 1 hallucinogenic drug, according to the CSA. In this case, it is considered to have a high potential for abuse and is not allowed for medical use.

The CSA takes precedence over California laws. You could face charges for violating federal law if you sell, give away, or transport marijuana. You could be guilty under federal law, even if you are adhering to California's recreational marijuana legalization law or medical marijuana law.

Penalties You Could Face Under Federal Law

You could face severe penalties under federal law if you commit a marijuana-based crime. If it is your first offense, you could face the following penalties:

  • A jail term that does not exceed one year in federal prison
  • A fine that does not exceed $1,000

You could face the following penalties if you cultivate, possess with intent to sell less than 50 pounds of marijuana:

  • A fine that does not exceed $250,000
  • A jail term that does not exceed five years in federal prison

Larger quantities of marijuana or convictions of subsequent crimes could attract enhanced fines and incarceration periods. You could also be ordered to reimburse the government its "reasonable costs" of investigating and prosecuting your crime if you are convicted of any federal drug crime.

Charging Federal Marijuana Crime

You cannot face charges under federal law if you cultivate or use cannabis for personal use, especially if you are adhering to Prop 64. Attorney General Merrick Garland, on April 26, 2022, told a Senate Appropriations subcommittee that charging defendants for possessing marijuana is a misuse of federal resources. The federal government is typically focused on convicting large-scale traffickers and those associated with organized crime.

President Joe Biden, on October 6, 2022, pardoned all convicts convicted under the federal marijuana possession law. This showed that defendants will not be convicted for simple possession of marijuana under federal law.

Federal Law and Federal Assets within California

Federal law also applies to federal assets found within the state. The following are examples of federal assets:

  • Federal courthouse
  • National parks
  • Post offices
  • Federal buildings
  • Public airports

You could face charges under federal law if you violate marijuana law in a federal asset. Federal penalties are usually more severe for drug offenses that take place on federal assets than those that happen elsewhere.

HUD Housing

The Department of Housing and Urban Development in the U.S. permits the local housing authorities to enact their own rules on marijuana use. You can be denied federally assisted housing if you use medical or recreational marijuana. These rules are rarely enforced, but the use of cannabis in HUD housing can subject you to the termination of other federal benefits, including food stamps.

Penalties for Selling Marijuana to a Minor

You could face felony charges under HSC 11361 if you are 18 years or older and sell marijuana to a minor. The legalization of marijuana under Prop 64 did not change this law. You could also face felony charges under 11361 if you use a minor illegally to peddle, prepare for sale, administer, furnish, give away, or sell any amount or type of marijuana.

You could serve your sentence in a state prison for violating this statute. You could face a jail term of three, five, or seven years in a state prison if the minor is involved in a state prison for less than 14 years. You could face a jail term of three, four, or five years in a state prison if the minor is over 14 years but below 18.

Penalties for Gifting, Transporting, Selling, or Importing Marijuana

According to the marijuana legalization statute, you are only allowed to sell commercial cannabis as part of the legal cannabis industry if you have secured a license to do so. The Bureau of Cannabis Control is charged with the duty to issue licenses to cannabis businesses.

You could face charges under HSC 11360 if you sell pot or transport it to sell without a license. According to Prop 64, HSC 11360 is enacted to prevent the "black market" in marijuana.

You could face misdemeanor charges if you sell or transport marijuana for sale without a license. Misdemeanor charges could attract the following penalties:

  • A fine that does not exceed $1,000
  • A jail term that does not exceed six months in a county jail

You could face infraction charges if you are below 18 years old and are guilty of violating HSC 11360. You could also face infraction charges if you transport for sale or give away 28.5 grams of marijuana without a license.

However, the following individuals could face felony charges for selling or transporting marijuana for sale without a license:

  • A person who knowingly attempted to sell, sold, or offered to furnish or sell marijuana to a minor below 18 years
  • A person who has two or more previous charges for HSC 11360 selling or transportation of marijuana
  • A person who offered to import, or attempted to import, or imported into California or attempted or transported out of California for sale more than 28.5 grams of marijuana or more than eight grams of hashish/concentrated cannabis.

In any of the above cases, black market sale or transportation for the sale of marijuana under HSC 11360 could attract a jail term of two years, three years, or four years.

Giving marijuana away or transporting marijuana without intent to sell it is not an offense as long as the following is true:

  • Any individual you gave marijuana to was 21 years or older
  • You gave away or transported not more than 28.5 grams of hashish or concentrated cannabis

Immigration Repercussions

According to the Immigration and Nationality Act, possession with intent to sell and sale of marijuana is an aggravated felony. This is true whether you were charged under federal or California law. Deportation is the main immigration repercussion of a criminal conviction for an aggravated felony. If you are an undocumented alien and are accused of an offense involving marijuana, you should hire an experienced criminal defense attorney.

Proposition 36

You can serve your sentence in a drug treatment program instead of jail if you are a non-violent drug offender and are eligible. This law was enacted in 2000. Also known as the Substance Abuse and Crime Prevention Act of 2000, Prop 36 permits individuals convicted of nonviolent possession charges to enroll in a drug treatment program.

You could qualify for Prop 36 sentencing if you were arrested and charged with simple possession of marijuana. Some marijuana crimes, like unlawful cultivation, transportation, or possession for sale, are exempt from Prop 36 drug treatment.

You could also be ineligible for the program if:

  • You have previously benefited from at least two Prop 36 programs, or you refuse drug treatment. In this situation, the court could believe that you are unable to benefit from further drug treatment
  • When you committed the non-violent drug crime, you were armed with a deadly weapon
  • The current marijuana charge happened concurrently with another non-drug-related misdemeanor or felony.

Find a Criminal Defense Attorney Near Me

You could face criminal charges if you violate current marijuana laws. The specific charges you face will depend on the violation you commit. The charges will also depend on whether you are a repeat offender. The first step to take if you are facing any marijuana-related charges is to consult with an experienced criminal defense attorney. At The Law Office of Ann Gottesman, Ann is ready to help you navigate the justice system and pursue the best possible outcome. If you or your loved one is currently facing charges for violating the California or federal marijuana laws in Los Angeles or Pasadena, CA, you can reach Ann Gottesman directly at her Pasadena office by calling 626-710-4021 or text/call her cell number is 818-606-3142 for a free consultation.