California Health and Safety Code 11360 HS prohibits

  • Selling,
  • Giving away,
  • Importing into the state, or
  • Transporting for sale

any amount of marijuana.

Unlike simple possession of marijuana for personal use – which is a non-criminal infraction – violation of 11360 HS is a crime.

An exception exists for the transportation of marijuana by California medical marijuana users of cannabis for their personal use.  Primary caregivers for such patients may also transport marijuana or cannabis and give it to their patients, in an amount reasonably related to the patient’s medical needs.

For everyone else, violation of Health and Safety Code 11360 is a wobbler so it is either charged as a misdemeanor or a felony depending some of the following factors:

  • The type of marijuana,
  • The amount of marijuana, and
  • Whether sales or importing was involved.

Transport or gift of 28.5 grams (one ounce) or less of marijuana

Giving away or transporting for sale 28.5 grams or less of marijuana (other than concentrated cannabis) is a California misdemeanor.

A misdemeanor violation of 11360 HS is punishable solely by:

  • a $100 fine (no jail time).

Transport or gift of more than 28.5 grams, or of any amount of concentrated cannabis

Giving away or transporting marijuana for sale is a California felony if:

  • You give away or transport for sale more than 28.5 grams of marijuana, or
  • You give away or transport for sale any amount of concentrated cannabis (hashish).

A felony violation of 11360 HS is punishable by

  • two, three or four years in county jail.

Unfortunately, here are serious collateral consequences to a California felony conviction.  One of these is that you must disclose the conviction if asked on a job application. You will also be banned for life from owning a firearm in California.

Sale or import of marijuana

It is a felony in California to sell, or import into the state, any usable amount of marijuana or concentrated cannabis. This is punishable by:

  • two, three or four years in county jail.
Marijuana — Unlawful Sale / Transport / Transfer / Gift
Nature of OffenseCrimeTimeFine
Gift or transport of 28.5 grams or less (other than concentrated cannabis)misdemeanornone$100
Gift/transport of more than 28.5 grams or of any amount of concentrated cannabisfelony2, 3 or 4 yearsnone
Sale/import of any amount of marijuanafelony2, 3 or 4 yearsnone

Chart showing penalties for violating California Health and Safety Code 11360 HS

Are there any alternatives to jail for felony 11360 HS convictions?

Drug diversion (treatment) is not available as an alternative to jail under California Health and Safety Code 11360. That alternative is available only when the charges are simple possession and/or cultivation for personal use.

However, even if you are convicted of 11360 HS as a felony, you may be eligible for felony probation or formal probation.

If you sentenced to formal or felony probation you may only serve at most one year of your sentence in jail. You might not even serve any jail at all depending upon the facts of your case and our skilled lawyering.  But you will be subject to other conditions, which may include:

  • Frequent drug testing;
  • Community service or volunteer work;
  • At least monthly meeting with your assigned probation officer and/or
  • Searches of your person or property, with or without a warrant.

Defenses to Health and Safety Code 11360 HS

There are many possible defenses to charges of under California Health and Safety Code 11360 HS.  Among them are:

  • You didn’t know the pot was there,
  • You are entitled to use medical marijuana,
  • You are a primary caregiver who was giving pot to – or transporting it for — a medical marijuana patient,
  • You were giving away the pot, not selling it,
  • You were transporting the pot, but not for sale,
  • The police engaged in entrapment, or
  • The marijuana was found during an illegal search and seizure, entrapment and confidential informants who lie have been other reasons why judges have been inclined to dismiss cases.

When you are facing substantial jail time, or other severe penalties you should consider:

  • Always a Free Consultation at Fiumara & Milligan Law, PC
  • Please call North Bay attorneys at Fiumara & Milligan Law, PC 24/7 at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential consultation to keep you out of jail. If you call after hours, our operators will gladly connect you to one of our experienced and compassionate attorneys 24/7.
  • “The Right Attorney Makes All the Difference.”