(951) 667-5293

Orange County:

(714) 758-5293

who you hire can make all the difference

Mr. Donath has spent his entire career defending people and standing up for the rights of the accused.

request a free consultation
  • former deputy public defender

    As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law. 

  • award winning certified criminal law specialist

    Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.

  • a true passion for defending the accused

    Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.

Request Consultation

request a free confidential consultation

*all fields are required
  • This field is for validation purposes and should be left unchanged.

2022 Guide To California’s Marijuana Laws

Posted in California Law,Drug FAQ'S on February 3, 2022

The state of California may be progressive in its marijuana laws, but that does not mean you cannot be arrested for marijuana-related crimes. California marijuana laws can be complex, and if you find yourself facing criminal charges, you could be subject to harsh penalties. 

Make sure you understand how California’s marijuana laws work and how they could affect the marijuana charges against you. Get help defending yourself when you contact a marijuana lawyer at the Law Offices of Graham D. Donath. 

California Recreational Marijuana Laws

California Health and Safety Code 11357 HS is the law that allows for recreational marijuana possession and cultivation. Here, possession of 28.5 g of marijuana is legal for personal use for anyone age 21 years or older. This includes up to 8 g of concentrated cannabis products.

There are specific restrictions on the use of marijuana products in California. They can only be consumed or smoked on private property with the property owner’s consent. 

Under the law, your employer or landlord has the right to prohibit you from using marijuana on your property if you are a renter or at work. This also means marijuana cannot be smoked or consumed in public locations or where tobacco smoking is prohibited.

California Marijuana Cultivation Laws

Under California Health and Safety Code 11358 HS, marijuana can be cultivated by anyone 21 years of age or older for personal use. Under the law, you can grow up to six marijuana plants indoors unless outdoor growth has been permitted. View our Cultivation Law Guide for more information on marijuana cultivation laws in California.

Medical Marijuana Laws in California

Proposition 215 legalized medical marijuana back in 1996. Under the law, individuals with a prescription for medical marijuana can possess, consume, and grow marijuana for personal, medicinal use. Individuals under the age of 21 and those under 18, if they have the consent of a parent, can use and cultivate medical marijuana with a physician’s prescription. 

Many medical conditions may warrant the cultivation and use of medical marijuana. Some of the more common include:

  • Cancer
  • Multiple sclerosis
  • AIDS
  • Glaucoma
  • Seizures
  • Migraines
  • Fibromyalgia
  • Anorexia
  • Other chronic pain conditions
  • Conditions that produce severe nausea
  • Other debilitating conditions

These are only a few of the more common types of medical conditions people can obtain medical marijuana prescriptions for in the state of California. If you have one of these medical conditions and a prescription from your doctor but are facing marijuana crime charges, be sure to contact our office to discuss your case further.

California Drug Laws Guide

When Can You Be Arrested for a Marijuana Crime in CA?

Even though marijuana may be legal for recreational and medical use, there are many marijuana drug crimes you can face, many of which carry severe penalties. Some of the more common marijuana crimes include:

These are just a few of the different marijuana crimes you could be facing in the state of California. If convicted, you may suffer harsh penalties that could have a considerable impact on the rest of your life. A marijuana lawyer can analyze the details of your case to determine how to best approach your defense strategy.

Penalties for California Marijuana Crime Convictions 

Marijuana crimes carry harsh penalties. The consequences you will face can vary widely depending on the type of marijuana crime you were charged with. Here are the criminal penalties associated with some of the more common types of marijuana crimes:

  • Possession of marijuana on school grounds while school is in session – This is an infraction, punishable by a fine of up to $250.
  • Possession of marijuana by anyone under the age of 21 – This is an infraction, punishable by a fine of up to $100.
  • Possession of more than 28.5 g of marijuana – This is a misdemeanor, punishable by up to six months in county jail and fines as high as $500.
  • Driving with possession of up to 28.5 g of marijuana – This is an infraction, punishable by a fine of up to $100. However, if you are accused of driving under the influence of marijuana, you will instead face criminal marijuana DUI charges under California Vehicle Code 23152(f) VC, which is punishable by up to 180 days in county jail and fines as high as $5,000 for a felony marijuana DUI conviction.
  • Cultivation of marijuana by anyone under the age of 21 – This is an infraction, punishable by drug counseling and performing community service. You may also face a $100 fine as a first-time offender.
  • Cultivation of more than six living marijuana plants – This is a misdemeanor, punishable by up to six months in county jail and fines as high as $500. However, if you have a prior criminal history, are a registered sex offender, or there are other aggravating factors present, you may face felony charges which are punishable by up to three years in state prison, and fines as high as $10,000.

In addition to jail time and fines, you can also expect to be required to participate in a drug or alcohol treatment program, driver retraining program, community service program, and be subject to other collateral consequences, such as:

  • Suspension of your driver’s license
  • Suspension of your professional licenses
  • Court fees
  • Trouble finding a job
  • Difficulty obtaining housing
  • Child custody issues
  • Immigration or citizenship issues

Get Help From a Marijuana Lawyer in California 

Despite the fact that California marijuana laws allow for medical and recreational use, there are many instances in which you may still find yourself facing criminal marijuana charges. 

When you have been arrested for a marijuana crime, and you need a powerful legal defender, contact an experienced California marijuana lawyer at the Law Offices of Graham D. Donath for a confidential consultation. 

Complete our secure contact form or call our Riverside office at 951-667-5293 or our Orange County office at 714-758-5293 to get started on your defense strategy today.