Incarceration

Fine

Possession

28.5 g or less

infraction

none

$100

More than 28.5 g

misdemeanor

6 months

$500

28.5 g or less on school grounds by a minor while school is in session

misdemeanor

10 days

$250

More than 28.5 g on school grounds while school open

misdemeanor

6 months

$500

Cultivation

Any amount (exception for patients or caregivers)

felony

16 - 36 months

none

Sale

Gift of less than 28.5 g

misdemeanor

none

$100

Any amount

felony

2 - 4 years

none

Any amount to a minor over 14 years old

felony

3 - 5 years

none

Any amount to a minor under 14 years old (includes offering, inducing, distributing, or employing)

felony

3 - 7 years

none

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

Any conviction of minor under 21 causes driver's license suspension for 1 year.

Possession of 28.5 grams or less of marijuana is now a civil infraction; no longer an arrestable offense. The offender is subject to a civil fine of $100. Possession of greater than 28.5 grams is punishable by up to six months in jail and a fine of up to $500.

Possession of 28.5 grams or less of marijuana on school grounds when the school is in session is punishable by up to 10 days in jail and a $250 fine. Possession of greater than 28.5 grams or more of marijuana in a school zone is punishable by up to six months in jail and a fine of up to $500.

The cultivation or processing of any amount of marijuana is punishable by up to sixteen months in state prison. There is an exception to the cultivation prohibition for patients or patients' caregivers who possess or cultivate for personal use by the patient upon approval of a physician.

The laws regarding possession and cultivation of marijuana do not apply to patients or patients' primary caregivers who possess or cultivate marijuana for the personal medical use of the patient, upon the recommendation or approval of a physician.

Selling marijuana in any amount is punishable by 2 - 4 years in the state prison. Giving away less than 28.5 grams is a misdemeanor and is punishable by a fine of up to $100.

Sale of marijuana to a minor is punishable by 3 - 5 years in prison.

For anyone under the age of 21 convicted of any of the above offenses, the state may suspend the offender’s driver’s license for up to one year.

Possession of paraphernalia is a civil fine of $200-$300 for the first offense and goes up to $5,000-$6,000 for a fifth or subsequent violation within a five-year period.

A breakdown of CA county and local medical marijuana guidelines is available here: http://www.safeaccessnow.net/countyguidelines.htm.