What are the factors or elements for 11357 H&S Possession of Marijuana (Personal Use)?
In order for the prosecutor to convict you of HS 11357 California’s “personal possession of marijuana” law, he/she must prove the following:
- You possessed marijuana,
- You knewthat you possessed marijuana,
- You knew it was a drug, and
- You possessed enough marijuana that it could be used as a drug.
The penalties for Health & Safety Code 11357 vary, depending on the exact circumstances of your offense.
Possessing less than one ounce of marijuana
As of January 1, 2011, possessing no more than one ounce or 28.5 grams of marijuana…other than concentrated cannabis…is an infraction, punishable by a maximum fine of $100. This law is stated in Health & Safety Code 11357 (b).
However, if you are over 18 and possess less than one ounce of marijuana (other than concentrated cannabis) on school grounds while the school is open for classes or school-related activities, you face a misdemeanor punishable by up to ten days in a county jail and a maximum $500 fine.
And if you are under 18 and are convicted under these same circumstances, you face a maximum fine of $250 for a first offense. A second offense is punishable by up to $500 and a maximum ten-day commitment to a juvenile detention facility.
More than one ounce of marijuana
If you are convicted of possessing more than one ounce of marijuana…and again, more than one ounce of marijuana other than concentrated cannabis…you face a maximum of six months in the county jail and a maximum fine of $500.
Possession of concentrated cannabis
Possession of concentrated cannabis is a misdemeanor that subjects you to a maximum $500 fine and up to one year in a county jail.
However, you will face felony penalties (including sixteen (16) months, two (2) years or three (3) years in prison) for possession of concentrated cannabis if you have any of the following convictions on your record:
- A conviction for any of a small list of especially serious felonies, including murder, sexually violent offenses, sex crimes against a child under 14, and gross vehicular manslaughter while intoxicated, OR
- A conviction for a sex crime that subjects you toCalifornia’s sex offender registration requirement.
Prior to the passage of the voter initiative Proposition 47 in November 2014, possession of concentrated cannabis was a wobbler (meaning it could be charged as a misdemeanor OR a felony) for all defendants. If you were convicted of this offense before the passage of Prop 47 and received a felony sentence, you may petition the court to reduce your sentence to a misdemeanor.
If you are under 21 but over 13…and are convicted of any of the offenses outlined above…your driver’s license or privilege to obtain a driver’s license will be suspended for one year. This penalty will be imposed for each conviction under this law or any other drug-related law.
If, however, you are not convicted of any further drug or alcohol-related offenses within a 12-month period following your initial conviction, the court has the discretion to override the suspension.