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California Marijuana Law Differs for Users versus Sellers

By Neil Shous, Esq.

Marijuana law in California could be described as unusually lenient when it comes to casual users, and rather draconian as to sellers and distributors. A casual user caught with under an ounce is charged with Health & Safety Code 11357 : Marijuana Possession. The maximum sentence for the offense is a $100 fine, plus county penalty assessments. But the person convicted could not be put in jail. Compare this with cocaine possession, which can land a person in the joint for 3 years. The situation changes if the person is charged with Marijuana Possession for Sale under Health & Safety Code 11359 . If convicted, he faces probation, fines and up to 3 years in state prison. If the person is caught for sale of marijuana under Health & Safety Code 11360 , the prison term can be up to four years...continue to full post

Full post as published by California Criminal Defense Blog on May 15, 2008 (boomark / email).