Is Marijuana Illegal in California?
I know you guys are like: LOOK IT UP!. But Im asking because at every school ive gone to in San Diego, there are a handful of kids doing weed, or bringing it to school or selling It. And when they get caught, they only get suspended for like a week, never expelled or brought to the police. Is weed truly illegal here?
- MuttLv 76 years ago
It's legal only for medicinal use with a recommendation from your doctor. However, small amounts have been decriminalized, meaning it is not legal, but it is treated as an infraction rather than a criminal offense. In other words, it's like a traffic ticket, where you just pay a fine, and there is no criminal charges. But selling it, any amount, is also illegal, and that is a criminal offense.
As for the kids in your school, the school is not law enforcement, so they cannot charge them. If it's a large amount or the kids are caught selling, I'm sure it's turned over to the police. But for a small amount, it sounds like they just handle it in-house since it's not a criminal matter.
- John SLv 76 years ago
It is illegal, it is not decriminalized (an infraction is still a crime). Selling it is a felony. Possession of more than an ounce without a doctor's recommendation is a misdemeanor. Possession of less than an ounce on school grounds is a misdemeanor. Possession of less than one ounce without a doctor's recommendation in other places is an infraction (meaning it is punishable only by a fine).
Suspension or expulsion are school policy issues, not legal issues. You probably would not notice things like the juvenile court putting somebody on probation. BTW, conviction of any of those offenses for a person under 21 carries a 1-year driver's license suspension, or a 1-year delay in getting one.Source(s): 40 years as a criminal defense attorney
- Anonymous6 years ago
Guide to California's Marijuana Laws
As of January 1, 2011, possession of one ounce (28.5 gms) or less of marijuana is an infraction, punishable by a maximum $100 fine (plus fees) with no criminal record under Ca Health & Safety Code 11357b. With added fees, the cost can be as high as $485.
(Prior to 2011, possession of one ounce or less of marijuana was a misdemeanor, but convictions under this section are expunged from the record after two years under Health and Safety Code Sections 11361.5 and 11361.7.)
Possession of larger amounts of marijuana is a misdemeanor punishable by up to $500 and six months is jail under Health & Safety Code 11357c. As of November 5, 2014, due to the passage of Prop. 47 in California, possession of hashish or concentrated cannabis is a misdemeanor under Health & Safety Code 11357a.
Under Prop. 36 first- and second- time possession-only offenders may demand a treatment program instead of jail. Upon successful completion of the program, their conviction is erased. Possession (and personal use cultivation) offenders can also avoid conviction by making a preguilty plea under Penal Code 1000, in which case their charges are dismissed upon successful completion of a diversion program.
Possession of one ounce or less in a vehicle while driving may also be charged under Vehicle Code 23222, which is treated identically to HSC 11357 b.
No arrest or imprisonment is allowed for possession of less than one ounce of marijuana. However, police often get around this provision by charging minor offenders with felony intent to sell (see below).Source(s): http://www.canorml.org/camjlaws.html
- Nekkid Truth!Lv 76 years ago
Yes, it is illegal.
you don't know if its taken up with the police or not. When minors get into legal trouble its not posted publicly like it is for adults.
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- ?Lv 76 years ago
Illegal for recreational use.
- BrotherhoodLv 76 years ago
Not if it's for medicinal purposes.