Criminal Defense Attorney: Yuba, Sutter, Placer, Nevada County : Jennifer Granger (530)470-0328
Medical Marijuana
California Proposition 215,
Amended state law to allow use and legal access to marijuana when recommended by a physician. A patient can possess, transport and grow marijuana for their personal use. Prior state laws relating to the possession of marijuana, and relating to cultivation of marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.
California Senate Bill 420
This section clarified the scope of Proposition 215 : A qualified patient or caregiver may possess no more than eight ounces of dried marijuana per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or twelve immature plants per qualified patient.
Although California State Law allows the personal use and possession of marijuana for medical purpose, the 2005 decision of Gonzales v. Raich, the U.S. Supreme Court ruled that the federal government can continue arresting patients who are using medical marijuana legally under state law. However, the decision did not overturn the medical marijuana laws in 10 states, including California which still protects patients from arrest by state and local police.
But for those without a Doctor’s “recommendation”:
Possession Of Marijuana
California Health & Safety Code Section 11357
It is illegal to knowingly have marijuana in your possession unless legally authorized for medical purposes.
Possession of concentrated Cannabis can be either a felony or misdemeanor.
Penalty : The maximum sentence is up to three years in prison and a fine of up to $500.
Possession of under an ounce of marijuana.
Penalty : Fine up to $100, no jail or probation required. Generally, a citation is issued to appear in court.
Possession of over one ounce of marijuana.
Penalty : The maximum sentence is up to 6 months in County Jail and/or fine of up to $500.
Cultivation Of Marijuana
California Health & Safety Code Section 11358
Anyone who plants, cultivates, harvests, dries or processes marijuana, unless legally authorized for medicinal purposes, is guilty of a felony, regardless of the amount.
Penalty : The maximum sentence up to three years in state prison.
Possession With Intent To Sell Marijuana
California Health & Safety Code Section 11359
It illegal to sell, furnish, give away; or attempt to give away any marijuana unless legally authorized for medicinal purposes. Possession with the intent to sell is a non reducible felony. "Sale” is the exchange of marijuana for cash, services, favors or other benefits. Penalty: The maximum sentence is up to three years in state prison.
Transportation Of Marijuana
California Health & Safety Code Section 11360
It is illegal to transport into the state, sell, furnish, give away; or attempt to give away any marijuana..
Transportation of marijuana (or other drugs) is a felony.
Penalty : The maximum sentence is up to four years in state prison.
Amended state law to allow use and legal access to marijuana when recommended by a physician. A patient can possess, transport and grow marijuana for their personal use. Prior state laws relating to the possession of marijuana, and relating to cultivation of marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.
California Senate Bill 420
This section clarified the scope of Proposition 215 : A qualified patient or caregiver may possess no more than eight ounces of dried marijuana per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or twelve immature plants per qualified patient.
Although California State Law allows the personal use and possession of marijuana for medical purpose, the 2005 decision of Gonzales v. Raich, the U.S. Supreme Court ruled that the federal government can continue arresting patients who are using medical marijuana legally under state law. However, the decision did not overturn the medical marijuana laws in 10 states, including California which still protects patients from arrest by state and local police.
But for those without a Doctor’s “recommendation”:
Possession Of Marijuana
California Health & Safety Code Section 11357
It is illegal to knowingly have marijuana in your possession unless legally authorized for medical purposes.
Possession of concentrated Cannabis can be either a felony or misdemeanor.
Penalty : The maximum sentence is up to three years in prison and a fine of up to $500.
Possession of under an ounce of marijuana.
Penalty : Fine up to $100, no jail or probation required. Generally, a citation is issued to appear in court.
Possession of over one ounce of marijuana.
Penalty : The maximum sentence is up to 6 months in County Jail and/or fine of up to $500.
Cultivation Of Marijuana
California Health & Safety Code Section 11358
Anyone who plants, cultivates, harvests, dries or processes marijuana, unless legally authorized for medicinal purposes, is guilty of a felony, regardless of the amount.
Penalty : The maximum sentence up to three years in state prison.
Possession With Intent To Sell Marijuana
California Health & Safety Code Section 11359
It illegal to sell, furnish, give away; or attempt to give away any marijuana unless legally authorized for medicinal purposes. Possession with the intent to sell is a non reducible felony. "Sale” is the exchange of marijuana for cash, services, favors or other benefits. Penalty: The maximum sentence is up to three years in state prison.
Transportation Of Marijuana
California Health & Safety Code Section 11360
It is illegal to transport into the state, sell, furnish, give away; or attempt to give away any marijuana..
Transportation of marijuana (or other drugs) is a felony.
Penalty : The maximum sentence is up to four years in state prison.
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(530)470-0328
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