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When is marijuana possession in California illegal?

Back in 2016, Californians voted to legalize the possession of marijuana in the state via Proposition 64. Although Proposition 64 legalized the possession of marijuana in California, there are a number of restrictions on this new right, the violation of which could lead to legal penalties.

One of these restrictions has to do with an individual's age. If an individual is under 18-years-old and he or she possesses under 28.5 grams of marijuana, this will be considered an infraction. If it is a first offense, that individual will have to undergo a four-hour drug education course or counseling. The individual will also be required to perform 10 hours of community service. If it is a second or subsequent offense, that individual will have to undergo a six-hour drug education course or counseling. The individual will also be required to perform 20 hours of community service. If a person is between the ages of 18 and 21, and he or she possesses under 28.5 grams of marijuana, the individual will be fined $100.

Another restriction has to do with the amount of marijuana an individual possesses. Although there are some legal exceptions, if a person possesses over 28.5 grams of marijuana and that person is under 18-years-old, he or she will have violated the law. If it is the first offense, the individual will be required to undergo an eight-hour drug education course or counseling and he or she will also be required to perform 40 hours of community service. If it is a second offense, the individual will be required to undergo a 10-hour drug education course or counseling and he or she will also be required to perform 60 hours of community service. If an individual is age 18 or up, and is in possession of over 28.5 grams of marijuana, he or she may be sentenced to six months in a county jail for six months or he or she may be fined $500, or both.

These are only some restrictions on the possession of marijuana. There are other restrictions regarding the possession of marijuana on school grounds, as well as exceptions to these laws, that go beyond the scope of this post. Therefore, those who are facing drug charges related to the possession of marijuana may want to seek the advice of a criminal defense attorney.

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