(a)Except as authorized by law, possession of not more than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis, or both, shall be punished or adjudicated as follows:
(1)Persons under 18 years of age are guilty of an infraction and shall be required to:
(A)Upon a finding that a first offense has been committed, complete four hours of drug education or counseling and up to 10 hours of community service over a period not to exceed 60 days.
(B)Upon a finding that a second offense or subsequent offense has been committed, complete six hours of drug education or counseling and up to 20 hours of community service
over a period not to exceed 90 days.
(2)Persons at least 18 years of age but less than 21 years of age are guilty of an infraction and punishable by a fine of not more than one hundred dollars ($100).
(b)Except as authorized by law, possession of more than 28.5 grams of cannabis, or more than eight grams of concentrated cannabis, shall be punished as follows:
(1)Persons under 18 years of age who possess more than 28.5 grams of cannabis or more than eight grams of concentrated cannabis, or both, are guilty of an infraction and shall be required to:
(A)Upon a finding that a first offense has been committed, complete eight hours of drug education or counseling and up to 40 hours of community service over a period not to exceed 90 days.
(B)Upon a finding that a second or subsequent offense has been committed, complete 10 hours of drug education or counseling and up to 60 hours of community service over a period not to exceed 120 days.
(2)Persons 18 years of age or older who possess more than 28.5 grams of cannabis, or more than eight grams of concentrated cannabis, or both, shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.
(c)Except as authorized by law, a person 18 years of age or older who possesses not more than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 to 12, inclusive,
during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be punished as follows:
(1)A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed.
(2)A fine of not more than five hundred dollars ($500), or by imprisonment in a county jail for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed.
(d)Except as authorized by law, a person under 18 years of age who possesses not more than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 to 12, inclusive, during hours the school is open for classes or school-related programs is
guilty of an infraction and shall be punished in the same manner provided in paragraph (1) of subdivision (b).
Notes of Decisions
Cited in
30
cases (
2 in the last 5 years), 1974–2026 · leading case:
Matter of Marquardt, 778 P.2d 241 (Ariz. 1989).
Matter of Marquardt, 778 P.2d 241 (Ariz. 1989).
· cites it 2× “1988) (possession of small amounts of marijuana for personal use is a misdemeanor under federal law); and Cal. Health and Safety Code § 11357(b) (West Supp.”
People v. Squier, 15 Cal. App. 4th 235 (Cal. Ct. App. 1993).
· cites it 2× “] 4 Health and Safety Code section 11357, subdivision (b) provides a separate scheme for diversion for offenses which involve small amounts of marijuana.”
People v. Torres, 205 Cal. App. 4th 989 (Cal. Ct. App. 2012).
“” For example, at the hearing, the following testimony was elicited from one of the responding police officers: “[DEFENSE COUNSEL]: ... HD With regard to whether or not anybody else was in the room, what you’re saying is you didn’t know if anybody else was in the room, correct?…”
United States v. Rosenthal, 266 F. Supp. 2d 1068 (N.D. Cal. 2003).
“To be precise, it exempts a seriously ill patient, or the patient’s primary caregiver, from prosecution under California Health and Safety Code section 11357, relating to the possession of marijuana, and section 11358, relating to the cultivation of marijuana.”
People v. Brocks, 124 Cal. App. 3d 959 (Cal. Ct. App. 1981).
· cites it 2× “NOTES [1] Health and Safety Code section 11357 reads: "(a) Except as authorized by law, every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a period of not more than one year or by a fine of not more than five hundred…”
United States v. Cannabis Cultivators Club, 5 F. Supp. 2d 1086 (N.D. Cal. 1998).
“In particular, it exempts a seriously ill patient, or the patient’s primary caregiver, from prosecution under California Health and Safety Code § 11357, relating to the possession of marijuana, and § 11358, relating to the cultivation of marijuana.”
People v. Podesto, 62 Cal. App. 3d 708 (Cal. Ct. App. 1976).
“Appellant Sproul is Entitled to the Benefits of Amended Health and Safety Code Section 11357 Reducing the Penalty for Possession of Marijuana Health and Safety Code section 11357 was amended by Statutes 1975, chapter 248, section 2, page 641, effective January 1, 1976, reducing…”
People v. Tierce, 165 Cal. App. 3d 256 (Cal. Ct. App. 1985).
“Health and Safety Code section 11357, subdivision (b) provides in pertinent part: “Except as authorized by law, every person who possesses not *268 more than 28.”
Joslin v. 14th Dist. Judge, 255 N.W.2d 782 (Mich. Ct. App. 1977).
· cites it 2× “207(3); West's Ann Cal Health and Safety Code § 11357 (1977 Supp); Ohio Rev Code § 2925.”
Preap v. Johnson, 303 F.R.D. 566 (N.D. Cal. 2014).
“) In 2006, Preap was convicted of two misdemeanor counts of possession of marijuana in violation of California Health and Safety Code section 11357(a) and sentenced to time served.”
People v. Paz, 217 Cal. App. 3d 1209 (Cal. Ct. App. 1990).
“3 Health and Safety Code section 11357, along with other legislation enacted in 1975 as part of Senate Bill No.”
Cal. Health and Safety Code § 11357(a): 1 case
Preap v. Johnson, 303 F.R.D. 566 (N.D. Cal. 2014).
“) In 2006, Preap was convicted of two misdemeanor counts of possession of marijuana in violation of California Health and Safety Code section 11357(a) and sentenced to time served.”
Cal. Health and Safety Code § 11357(b): 1 case
Matter of Marquardt, 778 P.2d 241 (Ariz. 1989).
“1988) (possession of small amounts of marijuana for personal use is a misdemeanor under federal law); and Cal. Health and Safety Code § 11357(b) (West Supp.”
Cal. Health and Safety Code § 11357(c): 1 case
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