Marijuana FAQ

1. I know it is illegal to possess marijuana, but I do smoke marijuana occasionally. What is the penalty if I am caught with single joint?

Simple possession of less than 28.5 grams (one ounce) of marijuana is a misdemeanor in California. The fine for possession of less than 28.5 grams of marijuana is $100, but penalty assessments can increase this significantly. However, unlike other misdemeanors, possession of less than an ounce of marijuana can not be punished by a jail term.

2. What are the penalties for having larger quantities of marijuana?

Simple possession of more than 28.5 grams (one ounce) of marijuana is a misdemeanor in California. The penalty for possession of more than 28.5 grams of marijuana can include a jail sentence of up to six months and a fine of $500 plus penalty assessments.

It should be noted that possession of more than an ounce of marijuana can be viewed by the prosecutor as having more marijuana than necessary for personal use, and is often the basis for charging someone with possession for sale or transportation of marijuana, which are felonies in California, punishable by a prison sentence of up to three years for possession for sale and up to four years for transportation.

NOTE: Possession of any amount of marijuana on school grounds while school is open is a misdemeanor in California and carries a possible jail sentence and a $500 fine, plus assessments. Offering or supplying marijuana in any way to a minor is a felony, punishable by a prison sentence of up to seven years.

3. I've heard my drivers license can be suspended for smoking marijuana, even if I was not driving. Is that true?

If you are under the age of 21, any drug conviction, including a conviction relating to marijuana will result in a one-year California drivers license suspension. A court is required to revoke the drivers license of any person convicted of any marijuana offense when a vehicle was involved in, or incidental to, the commission of the offense. The suspension can be as long as three years.

4. I.ve heard that marijuana cultivation is allowed in some counties in California. Is that true?

See discussion of Medical Marijuana.

5. I.ve read that using marijuana is useful in treating some medical conditions, such as nausea, anxiety and as an appetite stimulant for the severely ill, such as AIDS patients. I.d like to start using marijuana for medical reasons. If the medical purpose is well-documented and widely accepted, can I still be arrested for having or growing a reasonable amount of marijuana for my own medical use?

Using medical marijuana is legal in California only if you have a valid recommendation or prescription from your attending physician. There are many restrictions and rules concerning growing, harvesting and maintaining medical marijuana. The laws governing medical marijuana vary considerably from county to county within the State of California, and there may be city ordinances as well concerning what is legal.

Since marijuana laws are complicated and the penalties for possession of marijuana are severe, it is advisable to consult an attorney familiar with the marijuana laws in your area from the outset to make sure your garden and your usage are 100% within California state law. However, even if you meet all the requirements set down by the State of California for growing/possessing marijuana legally, it is still illegal under Federal law.

More information concerning medical marijuana (215) in California and in Humboldt County is available at our marijuna law page.

6. Can I be arrested for Driving Under the Influence (DUI) if I've been using marijuana, but I haven't had any alcohol to drink?

Yes. You can be charged with Driving Under the Influence (DUI) even if the only substance you have used is marijuana. More information concerning DUI is available at our DUI page.