In California, there are two kinds of simple marijuana possession – possession of less than an ounce marijuana and possession of more than an ounce of marijuana. The difference between the two (other than the amount) is in the potential penalties if you are convicted. FYI – an ounce of marijuana is 28.5 grams.
Possession of Marijuana – Less Than An Ounce:
Health and Safety Code 11357(b) makes it a misdemeanor crime to possess under an ounce (28.5 grams) of marijuana. The maximum penalty for possession of marijuana for personal use (also referred to as “simple possession”) is a fine of $100 plus court costs. Jail and probation cannot be imposed.
A conviction for a simple possession drug charge under HS 11357(b) can often be avoided by completing some form of “informal” drug diversion. While more formal drug diversion programs such as deferred entry of judgment under PC 1000 and Prop. 36 are possibilities, many judges and prosecutors will, instead, allow you to attend some narcotics anonymous meetings and dismiss your case after completion. This way, no criminal conviction is ever recorded.
Possession of Marijuana – More Than An Ounce:
Health and Safety Code 11357(c) makes it a misdemeanor crime to possess more than an ounce (28.5 grams) of marijuana. The maximum penalty for conviction is up to six months is county jail and/or a $500 fine and probation. However, even with possesion of more than an ounce, formal and informal diversion programs are a more likely option than serving any jail time or even being placed on probation. The reality is, as long as marijuana is possessed for personal use, there is a good chance of avoiding a conviction on your record.
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