Marijuana possession is still a crime in California, even though there’s been widespread debate to legalize this drug. Under California Health and Safety Code 11362.5 however, it states that this crime is punishable by jail time, monetary fines, probation and more. Furthermore, the United Controlled Substances Act still classifies this under illegal substances – without a prescription.

This is a special note. There are clauses to consider as many terminally ill patients turn to marijuana for pain relief and other medicinal purposes. In such instances, it isn’t a crime under other California legal codes, if, and only if, a valid prescription by a certified doctor was given.

In addition, there are certain exemptions like those relating to caregivers who hold in their possession marijuana for administering to patients. These individuals will have to prove that they’re the caretakers, and that the prescription was current.

Now, back to the illegal possession of Marijuana, under California Health and Safety Code 11362.5. The penalties include:  

·         When found in possession of marijuana in quantities less than one ounce, the penalties are an infraction with up to one hundred dollars in fines.  

·         When found in possession of marijuana in quantities more than one ounce, the penalties are a misdemeanor, which is penalized by  up to five hundred dollars in fines, and up to six months in the county jail.

In addition, sentencing enhancements are usually given if this possession was in the proximity of a school, or in other circumstances.

Despite these penalties, a drug defense attorney is able to fight for lower fines, or dismissed charges.

Call (949) 250-6097 to speak to a lawyer, should you be on trial for Possession Marijuana under California Health and Safety Code 11362.5.

Learn more about other California Section Penal Codes here.