California Marijuana Laws (2019)

California Marijuana Laws (2019)

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On Thursday, December 20th, 2018 President Trump signed the 2018 Farm Bill, a massive piece of legislation renewed once every five years since 1933, outlining regulations on everything from food stamps to environmental land use.

This bill did something, though, that the previous versions have not — it legalized industrial hemp, including the plants used to produce CBD oil. Currently surging in popularity due to its therapeutic properties, CBD has existed in a confusing legal gray, governed by a mishmash of laws that vary from state to state. Despite this questionable legality, it’s turning up in cocktails and wellness products, it topped $350 million in consumer sales in 2017 — and it’s expected to grow now that the bill goes into law.

 

Learn Sativa University can help you with the following:

  • Finding a Marijuana Lawyer
  • Finding Medical Marijuana in California
  • Finding Investors
  • Medical Marijuana Business Plans
  • Dispensary Licensing Pre-req’s
  • Cultivation
  • MMTC Layouts
  • Recruiting XP Marijuana Staff
  • Locating DOH MMJ Doctors
  • & Much, Much More.

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Penalty Details

Marijuana is a Schedule I hallucinogenic substance under the California Uniform Controlled Substances Act.

See

  • California Health & Safety Code § 11054(d)(13) Web Search

 

Possession for Personal Use

Proposition 64, The Adult Use Marijuana Act, permits adults over 21 years of age who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrates) while also licensing commercial cannabis production and retail sales. The law took effect on November 9, 2016.

See

Possession of more than 28.5 grams is a misdemeanor punishable by up to 6 months imprisonment and/or a fine up to $500. If the amount possessed is 28.5 grams or less but the person is 18 years of age or older and the possession occurred on school grounds, the person is guilty of a misdemeanor punishable by up to 10 days imprisonment and/or a fine up to $500. If the offender was younger than 18 years of age, then the offense is a misdemeanor punishable by a fine up to $250 for the first offense and a fine up to $500 or commitment to a detention center for up to 10 days.

See

  • California Health & Safety Code § 11357 Web Search

 

Possession with Intent to Distribute

Possession with intent to distribute more than one ounce of marijuana is a misdemeanor punishable by 6 months imprisonment and a fine of $500.

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Sale/Delivery

Monetary transactions involving the sale or delivery of any amount of marijuana by someone who does not possess a state licensed permit is a misdemeanor punishable by up to six months in jail and a $500 fine. However, gifting marijuana in quantities up to one ounce for no remuneration is legal.

See

  • California Health & Safety Code § 11360 Web Search

Delivery or attempted delivery of any amount of marijuana by an individual aged 18 years or older to an individual who is 14-17 years old is a felony punishable by 3-5 years imprisonment. Delivery or attempted delivery of any amount of marijuana by an individual aged 18 years or older to an individual who is under the age of 14 is a felony punishable by 3-7 years imprisonment. Sale or attempted sale of any amount of marijuana by an individual aged 18 years or older to an individual under 18 years of age is a felony punishable by 3-7 years imprisonment.

See

  • California Health & Safety Code § 11361 Web Search

 

Cultivation

Proposition 64, The Adult Use Marijuana Act, permits adults over 21 years of age who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants). The law took effect on November 9, 2016.

See

 

Hash & Concentrates

In California, hashish or concentrates are referred to as “concentrated cannabis”. Proposition 64, The Adult Use Marijuana Act, permits adults over 21 years of age who are not participating in the state’s medical cannabis program to possess up to eight grams of concentrates. The law took effect on November 9, 2016.

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The penalties associated with the manufacture of hashish or concentrates depends on what method was used during the manufacture. If the manufacturing process involved extraction chemicals, such as butane, then it is considered manufacture by means of chemical synthesis of a controlled substance. Manufacture by means of chemical synthesis of a controlled substance carries a fine no greater than $50,000 and a term of imprisonment of 3, 5, or 7 years as determined by the court. If the manufacturing process utilized screens, presses, or any other means not involving a chemical synthesis, then the offense is considered unauthorized processing of marijuana. Unauthorized processing of marijuana carries a term of imprisonment 16 months, 2 years, or three years as determined by the court.

See

  • California Health & Safety Code §11379.6(a) Web Search
  • California Health & Safety Code §11358 Web Search
  • California Penal Code §1170(h) Web Search
  • People v. Bergen, 166 Cal.App.4th 161 (2008) Web Search

Apart from the provisions mentioned, concentrated cannabis is included within the definition of marijuana for all other offenses, such as intent to sell, providing to a minor, etc. For information concerning those offenses, check the California marijuana laws section of this website.

See

  • California Health & Safety Code §11018 Web Search

 

Paraphernalia

There is no penalty for the simple possession of marijuana paraphernalia. Sale, delivery, possession with intent to sell or deliver, and manufacture with intent to sell or deliver marijuana paraphernalia is a misdemeanor punishable by 15-180 days imprisonment and/or a fine of $30-$500. Delivery of marijuana paraphernalia by an individual aged 18 years or older to a minor at least 3 years his junior is a misdemeanor punishable by up to 1-year imprisonment and/or a fine up to $1,000.

See

  • California Health & Safety Code § 11364.7 Web Search
  • California Health & Safety Code § 11374 Web Search

 

Sentencing

Possession for personal use, using or being under the influence of marijuana, presence in a room where a marijuana violation occurs, or cultivation of marijuana if the amount is for personal use are offenses that are eligible for deferred entry of judgment if certain conditions are met. These include: no prior convictions for controlled substances violations; the offense charged did not involve violence; there is no evidence that narcotics or restricted dangerous drugs were involved; the offender has never had probation or parole revoked; the offender has not completed this deferred entry within 5 years of the time of the charged offense; and the offender has no felony convictions within 5 years of the time of the charged offense.

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Probation may be available for marijuana offenses. As a condition of probation for controlled substances violations, offenders must participate in education or treatment if the court determines that it will benefit the offender. Sentences for many violations may not be eligible for probation or suspension if the offender has been previously convicted of a felony offense involving a controlled substance.

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Forfeiture

Vehicles and other property may be seized for controlled substance violations. Upon conviction for sale, possession with intent to distribute, or cultivation of marijuana, the seized property becomes the property of the state. If law enforcement seizes property which it does not intend to use as evidence and the seizing agency does not refer the case to the Attorney General for forfeiture proceedings within 15 days, the property must be returned. If the Attorney General intends to pursue a forfeiture proceeding, then a person claiming interest in the property has 30 days from actual notice or publication of notice of the proceedings to respond.

See

  • California Health & Safety Code §§ 11469-11495 Web Search

 

Miscellaneous

Involvement of a minor in a drug offense

Using a minor in the unlawful sale or transport of marijuana is a felony punishable by 3-7 years imprisonment. Inducing a minor to use marijuana is also a felony punishable by 3-7 years imprisonment.

See

  • California Health & Safety Code § 11361 Web Search
 
Drug program fee

Any violation of the California Uniform Controlled Substances Act results in a fine up to $150 in addition to the authorized fine for the offense.

See

  • California Health & Safety Code § 11372.7 Web Search
 
Drug Dealer Liability Act

A person who participates in the illegal marketing of marijuana is liable for civil damages caused by these actions.

See

  • California Health & Safety Code §§ 11700-11717 Web Search
 
Loitering for drug activities

It is a misdemeanor to loiter in a public place with the intent to commit certain controlled substances offenses.

See

  • California Health & Safety Code §§ 11530-11538 Web Search
 
Suspension of Driving Privileges

A controlled substance conviction can result in suspension of driving privileges for up to 3 years if the use of a motor vehicle was used in or incidental to the offense. For each drug-related conviction that a person 13-20 years old may receive, their driving privileges are suspended for 1 year, but if the person does not yet have the privilege to drive, suspension will begin at the time the person becomes legally eligible to drive.

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DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold.

EXPUNGEMENT

This state has enacted legislation explicitly providing the opportunity for those with marijuana convictions for activities that have since been decriminalized/legalized to have their record expunged.

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

LEGALIZATION

This state has legalized marijuana for personal use.

MEDICAL MARIJUANA

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.

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Founder, Grower & Instructor at Learn Sativa University. Author of "Two Pounds, Four Plants, One Light" - Now Available on Amazon. Founding Executive Director of NORML of Orlando.

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