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Home >  Criminal >  Marijuana Law

California is a designated medical marijuana state, which means it has substantially decriminalized the use of marijuana so long as the possession, use and sale fits within the strict guidelines of California’s Compassionate Use Act. The following California counties have established marijuana dispensaries as well as physicians who recommend the medicinal use of marijuana where appropriate: Alameda, Butte, Calaveras, Contra Costa, Fresno, Humboldt, Kern, King, Los Angeles, Marin, Mendocino, Merced, Orange, Riverside, San Bernardino, Sacramento, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz and Sonoma. For a current listing of marijuana dispensaries by city, including address and phone number, follow this link. For those who do not have a lawful and verified medical marijuana card, the following criminal penalties will apply to the possession, use and sale of marijuana:

Summary of California Penalties

Possession: Possession of 28.5 grams or less of marijuana is not an offense for which you can be arrested, as long as the offender can provide sufficient identification and promises to appear in court, the officer will not arrest the offender.  Upon conviction of the misdemeanor charge the offender is subject to a fine of $100.  Possession of greater than 28.5 grams is punishable by up to six months in jail and a fine of up to $500. Possession of 28.5 grams or less of marijuana on school grounds when the school is open is punishable by up to 10 days in jail and a $500 fine.  Possession of greater than 28.5 grams or more of marijuana in a school zone is punishable by up to six months in jail and a fine of up to $500.

Cultivation: The cultivation or processing of any amount of marijuana is punishable by up to sixteen months in state prison.  There is an exception to the cultivation prohibition for patients or patients’ caregivers who possess or cultivate for personal use by the patient upon approval of a physician. The laws regarding possession and cultivation of marijuana do not apply to patients or patients’ primary caregivers who possess or cultivate marijuana for the personal medical use of the patient, upon the recommendation or approval of a physician.

Sale: Selling marijuana in any amount is punishable by 2 – 4 years in the state prison.  Giving away less than 28.5 grams is a misdemeanor and is punishable by a fine of up to $100. Sale of marijuana to a minor is punishable by 3 – 5 years in prison. 

For anyone under the age of 21 convicted of any of the above offenses, the state may suspend the offender’s driver’s license for up to one year.

Paraphernalia: Possession of paraphernalia is a civil fine of $200-$300 for the first offense and goes up to $5,000-$6,000 for a fifth or subsequent violation within a five-year period.

California Governor Considers Full Legalization – Video Debate

California’s Medical Marijuana Law – Prop 215 Compassionate Use Act

Section: 11362.5. (a) This section shall be known and may be cited as the Compassionate Use Act of 1996. (b) (l) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows: 

	(A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of
cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.

(B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction. 

(C) To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana. 

(2) Nothing in this act shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for nonmedical purposes. 

(c) Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes. 

(d) Section 11357, relating to the possession of marijuana, and Section 11358, relating to the 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. 

(e) For the purposes of this section, "primary caregiver" means the individual designated by the person exempted under this act who has consistently assumed responsibility for the housing, health, or safety of that person. 

Sec. 2. If any provision of this measure or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the measure which can be given effect without the invalid provision or application, and to this end the provisions of this measure are severable.

State and Federal Marijuana Laws and Resources
Medical Marijuana – Use and Acceptance
Confronting The Police – Possession of Medical Marijuana
Driving Under the Influence of Marijuana
Marijuana and Child Custody Cases
Possible Health Risks – Chronic Use
Employer Drug and Marijuana Testing
History of Medical Marijuana
The Difference an Ounce Can Make
Alzheimer's - Medical Marijuana
Zoloft and Medical Marijuana
Migraines and Medical Marijuana
Glaucoma and Medical Marijuana
California Medical Marijuana ID Cards

Marijuana Vocabulary: Pot, weed, ace, gungeon, gunja, kif, hemp, gunney, moocah, skin, sticks, hash, joint, blue sage, bud, bush, cannabis, canamo, tea, catnip, kush, columbian, gasper, grass, gong, herb, hay, indo, jane, kali, kiff, leaf, lid, panama gold, panama red, primo, roach, smoke, straw, reefer, and herb.   

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