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Small-Scale use

Aside from the above offenses, there are other marijuana charges at a prosecutor's disposal in non-dispensary cases. The charges and sentencing ranges are listed and explained below:

Simple Possession of Marijuana Under 28.5 Grams (Health and Safety Code Section 11357c) – This is a non-criminal infraction. A maximum fine of $100.00 can be assessed with no jail time. Often, prosecutors may allow a defendant to complete AA or NA (Narcotics Anonymous) meetings in exchange for a dismissal of the charge. This section does not apply to concentrated cannabis.

Simple Possession of Marijuana Over 28.5 Grams (Health and Safety Code Section 11357c) – This is a misdemeanor offense with jail time ranging up to six months. In addition, a fine of up to $500.00 may be imposed. Occasionally, prosecutors may allow a defendant to complete AA or NA (Narcotics Anonymous) meetings in exchange for a dismissal of the charge. This section does not apply to concentrated cannabis.

Driving Under the Influence of Marijuana (Vehicle Code Section 23152a) – This is a misdemeanor offense that can result in a jail term of up to one year and a fine of up to $1,000.00. Additionally, offenders will face stiff fines, suspension of driving privileges and other probationary terms. Minors can suffer even longer driving suspensions, with a mandatory one-year ban for any marijuana offense whether it was related to driving or not.

Possession of Marijuana in a Motor Vehicle (Vehicle Code Section 23222) – This is a misdemeanor offense with a fine of up to $500.00 for offenses involving less than one ounce of marijuana. Larger amounts are punishable under Health and Safety Code Sections 11357(c) and 11359.

Public Intoxication (Penal Code Section 649) – If a person appears to be under the influence of marijuana in a public place, a charge of public intoxication can result. This is a misdemeanor and carries with it a jail term of up to six months and a fine up to $1,000.00.

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