On October 1st 2010, former California Governor Arnold Schwarzenegger signed SB 1449, a bill that essentially puts those caught possessing small amounts of marijuana in California on the same level as those caught speeding on California freeways. Below is a breakdown of updated 2011 California marijuana laws… Included are the penalties for California pot offenses, and the miscellaneous CA pot laws (e.g. cited for possession of pot paraphernalia). Please click here for more on California medical marijuana laws, and California marijuana legalization efforts.
2011 California Marijuana Laws | CA Marijuana Rules
| Possession of Marijuana in California |
| AMOUNT |
TYPE |
INCARCERATION |
FINE |
| 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 of Marijuana in California |
| Any amount (exception for patients or caregivers) |
felony |
16 – 36 months |
none |
| Sale of Marijuana in California |
| 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 (offering, inducing, distributing) |
felony |
3 – 7 years |
none |
| Miscellaneous Marijuana in California (paraphernalia, license suspensions, drug tax stamps, etc…) |
| Any conviction of minor under 21 causes driver’s license suspension for 1 year. |
**California marijuana law 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.
California Pot Laws | SB 1449 Decriminalizes Possession of Marijuana in California
Under new California marijuana law, SB 1449, possession of up to an ounce of marijuana is punishable by a $100 fine. But smoking pot in California would not be an arrestable offense, or garner a criminal record, something that drug legalization groups like NORML and ASA eagerly applauded.
Schwarzenegger, aka “the Governator” cast the new law’s effect as largely administrative, changing the crime of possession of marijuana in California from a misdemeanor to an infraction, the lowest level of offense under state law.
Possession of marijuana, cultivation of marijuana, and the sale of marijuana, all remain illegal on the federal level. For a state by state map of the 18 marijuana friendly states, and a guide to state marijuana law outside of California, please view our 2011 State Marijuana map and American pot policy post.
Marijuana Laws in California: Legal Details
**laws regarding possession and cultivation of marijuana in California 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.
> California marijuana possession: 28.5 grams or less of marijuana in CA 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 in CA is punishable by up to six months in jail and a fine of up to $500.
> California marijuana possession in school: 28.5 grams or less of marijuana on California 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 California school zone is punishable by up to six months in jail and a fine of up to $500.
> California marijuana cultivation: cultivation or processing of any amount of marijuana in CA 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.
> California marijuana sales: sale of marijuana in CA of any amount is a felony punishable by 2-4 years in prison. Sale of marijuana in CA 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.
> California marijuana gifts: giving away less than 28.5 grams of marijuana in CA, is a misdemeanor and is punishable by a fine of up to $100.
> California marijuana possession paraphernalia: possession of marijuana paraphernalia in CA 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.
California Marijuana Law From the Source
CA Attorney General Guidelines For the Security and Non-Diversion of Marijuana Grown for Medical Use
California Medical Marijuana Guidelines: PDF
In August of 2008, California Attorney General Edmund G Brown issued the California medical marijuana guidelines PDF linked above. These are not binding law, but give an idea of how prosecutors will consider the circumstances of a California medical marijuana patients garden.
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California Marijuana Guidelines by City| CA City Pot Policies
City of Arcata Marijuana Laws
Ordinance: ID card system maintained by Chief of Police. 10 plants + 2 # dried.
City of Berkeley Marijuana Laws
Ordinance: up to 10 plants and 2.5 lbs per patient; collectives up to 50 plants and 12.5 lbs total at any given time.Caregiver amounts calculated on the above numbers per patient served.
City of Oakland Marijuana Laws
Ordinance: Indoors — Up to 72 plants with up to 32 square feet of canopy and 3 # dried bud. Caregiver amounts calculated on the above numbers per patient served. Outdoors — 20 plants at any stage of developmen and 3 # dried bud. Effective June 1, 2004: Collectives not to exceed three patient members. Only four licensed dispensaries to be allowed by the City. Dispensaries limited to 8 ounces and 6 mature plus 12 immature plants per patient member at any given time. No on-site consumption allowed.
Original policy from 1998: Outdoors – 30 mature plants (60 if less than 30 are flowering); Indoors 144 — 48 mature plants + 96 immature vegetative and/or 1.5 # or 6 # (if patient grew).
City of San Diego Marijuana Laws
Still in development: Current version 9/17/03: Adult marijuana patients with the approval of a San Diego County doctor may keep up to 1 pound of marijuana and grow up to 24 plants. Under the measure, caregivers can keep up to 2 pounds of marijuana and grow up to 48 plants for as many as four patients. The ordinance must come back for a final vote, as a procedural matter, to be enacted.
City of San Jose Marijuana Laws
No quantity limits are established. Officers will not cite or arrest physicians, primary caregivers, or patients possessing or using marijuana for legitimate medicinal purposes in accordance with 11362.5 H&S. Standards of reasonableness in deciding enforcement issues are similar to those in needle or drug possession cases where a prescription is claimed or in a gun possession case where a permit is claimed. It should be kept in mind that mere oral approval by the physician is all that is necessary to comply with the law. Standards of probable cause for a vehicle search, person search, arrest, or a search warrant request should take into account known facts regarding the permitted uses of marijuana under Proposition 215.
City of Santa Cruz Marijuana Laws
No quantity guidelines; city ordinance regulates cannabis clubs, allows physician’s diagnosis for recommendation.
City of Santa Rosa Marijuana Laws
Ordinance: Safe Access Guidelines, same as the County of Sonoma. For more information, contact Sonoma Alliance for Medical Marijuana.
City of Sebastopol Marijuana Laws
Ordinance: Safe Access Guidelines, same as the County of Sonoma. For more information, contact Sonoma Alliance for Medical Marijuana; letter to DA asks to protect patients with 4.5# and 150 square feet of garden canopy. On 3/17/09, in an unanimous vote Sebastopol City Council approved the following four changes to the Medical Marijuana Dispensing Ordinance: 1. Extend hours of operation to 9 pm from 8 pm, Sunday through Thursday and 7 pm, Friday and Saturday; 2. Add the use of the California State Medical Marijuana Identification card and Patient ID Center Identification card as proof of patient status; 3. Remove the 30 immature plant limitation from retail sales; 4. Allow 150 sq. ft. for display and sale of medical use devices
California Marijuana Guidelines by County | CA Counties Pot Policy
Alameda County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Alpine County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Amador County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Butte County Marijuana Laws
Sheriff and DA jointly stipulate: 6 mature plants OR 12 immature plants and one pound of processed. (Formerly 6 plants at any stage). Butte County DA Policy
Calaveras Co. County Marijuana Laws
Board of Supervisors ordinance: 6 mature plants OR 12 immature plants AND 8 ounces of bud. Two pound safe harbor dropped by Supervisors’ vote 3/27/06.
Colusa Co. County Marijuana Laws
No firm policy; case by case review; 6 mature plants OR 12 immature plants AND 8 ounces of bud OR 1.5 # processed. (Formerly 2 plants outdoors or 4 plants indoors)
Contra Costa County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Del Norte Co. County Marijuana Laws
Current status remains unclear, so SAN is advising everyone to follow the state minimum guidelines for maximum safety. 6 mature plants OR 12 immature plants AND 8 ounces of bud. After the local newspaper led a hysteria campaign, it appeared that the County Sups were going to throw out their guidelines (following); but when the “Kelly” ruling struck them down as unconstitutional and then the Supreme Court decided to hear the case, the plan was put into limbo. Originally: County Resolution 2002-029, adopted April 2002 allows up to 100 square feet with no more than 99 plants and up to 1# dried bud.
El Dorado County Marijuana Laws
Outdoors: 20 plants March 1 through July 31; 10 plants through October (end of season) and 2 # bud from 9/1 to 2/28; 1 # from 3/1 to 8/31. Indoors: 10 vegetative plants, 1 mother plant, 10 flowering plants and1 # bud per patient. Formerly 6 plants and / or 2 pounds processed. Caregivers can take care of household plus three outside patients. Also see the DA policy here El Dorado County DA Policy
Fresno County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Glenn County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Humboldt County Marijuana Laws
Aapproved taskforce proposal of three pounds of bud or conversion plus 100 square feet of garden canopy, no limit on plant numbers or lamp wattage. Caregiver amounts calculated per patient served.
**Original DA policy: Up to 99 plants with up to 100 square feet of canopy and up to 3# of bud. Indoor gardens limited to 1500 watts total illumination.
Imperial County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Inyo County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Kern County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud.
King County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Lake County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Lassen County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Los AngelesCounty Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Madera County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Marin County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud, county ID cards honored by all law enforcement.
Formerly: 6 mature plants OR 12 immature plants AND 8 ounces of bud (lowest in the state and apparent basis for HS11362.77).
Mariposa County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Mendocino County Marijuana Laws
In 2008, County voters passed Measure ‘B’ to revert to the statewide minimum guidelines of 6 mature plants OR 12 immature plants AND 8 ounces of bud. It was suspended for several months while the question was on appeal but has again been implemented pending the results of the Kelly case appeal, now before the State Supreme Court.
Previous policy: Sheriff and DA policy based on Voter Proposition G: 25 plants with up to 100 square feet of canopy and 2# bud. In August, 2004, the DA announced that the county will no longer enforce plant limits, only square footage.
Merced County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Modoc County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Mono County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Monterey County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Napa County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Nevada County Marijuana Laws:
6 mature plants OR 12 immature plants any size, or in the alternative, 75 square feet of total canopy area AND up to 2# bud. Collectives to keep copies of all patient’s recommendations available for inspection.
Orange County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Placer County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Plumas County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Riverside County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Sacramento County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
San Benito County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
San Bernardino County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
San Diego County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
San Francisco County Marijuana Laws
Patient and caregiver ID cards issued by county Health Department; no patient guidelines. Case by case consideration, generally contingent on police claims of indicia of illegal sales or diversion to non-medical market. Patient guidelines adopted in 2005 set the immunity threshold at 24 plants/patient plus 8 oz, with a 25 sq. ft. canopy, and 99 plants per collective.
San Joaquin County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
San Luis Obispo County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
San Mateo County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Santa Barbara County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Santa Clara County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Santa Cruz County Marijuana Laws
Board of Supervisors approved physician’s taskforce proposal of three pounds of bud or conversion plus 100 square feet of garden canopy, no limit on plant numbers or lamp wattage.
Shasta County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud OR 1.33# processed. Formerly: Sheriff, DA and local police chiefs: 2 plants outdoors or 6 plants indoors (3 flowering/3 vegetative)
Sierra County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud OR quantity approved by physician Formerly: 3 plants outdoors OR 6 plants indoors .
Siskiyou County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Solano County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Sonoma County Marijuana Laws
Up to 30 (formerly 99) plants with up to 100 square feet of garden canopy and up to 3# of bud.
The guidelines were adopted by the Sonoma County Law Enforcement Chiefs Association, which includes the DA, Sheriff, and police chiefs from several towns and cities in the county. The guidelines were later ratified by the Santa Rosa and Sebastopol city councils. Protocol to review recommendations through Sonoma Medial Association. Caregiver amounts calculated per patient served. Physician’s approval if more is needed. For more information contact Sonoma Alliance for Medical Marijuana.
A. Possession. A qualified patient, or a person holding a valid identification card, or the designated primary caregiver of that qualified patient or person, may possess amounts of marijuana of up to three (3) pounds of dried cannabis or conversion per year.
B. Cultivation. A qualified patient or a person holding a valid identification card or a designated primary caregiver, or primary caregivers or qualified patients whom associate collectively or cooperatively, may also cultivate cannabis in an amount not to exceed more than one-hundred (100) square feet total garden canopy, per qualified patient, as measured by the combined vegetative growth area.
C. Plants. A qualified patient or a person holding a valid identification card or a designated primary caregiver, or primary caregivers or qualified patients whom associate collectively or cooperatively, may cultivate cannabis in an amount not to exceed more than thirty (30) plants per qualified patient. The authorized thirty (30) plants must be grown within the one-hundred (100) square foot total garden canopy per qualified patient.
Stanislaus County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Sutter County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Tehama County Marijuana Laws
On Sept. 27, 2005, the County Board of Supervisors adopted Resolution No. 98-2005 that establishes Outdoor Cultivation: 12 seedlings or 6 flowering or mature plants, and 8 ounces dried marijuana. Indoor Cultivation: 12 seedlings or 6 flowering or mature plants, and 8 ounces dried marijuana. If the above quantities are not exceeded, the documented medicinal marijuana cultivator and possessor is in compliance with the standards set forth by this (sheriff’s) agency and the investigation will not be submitted for prosecution.
Original Sheriff’s policy: 18 immature plants OR 6 mature plants, and up to 3# processed.
Trinity County Marijuana Laws
On 6/12/08 the board of Supervisors voted to step backward and revert to the state minimum threshold of 6 mature plants OR 12 immature plants AND 8 ounces of bud. Previously, on 9/4/07 the Trinity County Board of Supervisors had adopted a more reasonable policy allowing for possession of 3 pounds of dried, processed marijuana at any one time and the cultivation of 12 mature plants and/or 24 immature plants. That policy is no longer in effect.
Tulare County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Tuolumne County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud AND 8 ounces of bud. Formerly Up to three plants and 8 ounces: these were the guidelines that were rejected by the California Supreme Court in the Mower decision.
Ventura County Marijuana Laws
Sheriff and DA policy: 6 mature plants OR 12 immature plants AND 8 ounces of bud OR 1# dry bud or conversion. County Supervisors taking matter into review. Formerly 6 plants – 3 mature/ 3 immature
Yolo County Marijuana Laws
6 mature plants OR 12 immature plants AND 8 ounces of bud
Yuba County Marijuana Laws
Informal policy: 6 mature plants OR 12 immature plants AND 8 ounces of bud OR 1.5# processed marijuana. Formerly 5 plants.
California Marijuana Laws | The Likely End of CA Marijuana Prohibition
Marijuana laws in California have been evolving rapidly since the landmark 1996 passage of prop 215. In 2010, and for but a few percentage points on a confusing prop 19 (as written, prop 19 would have placed a tax on medical marijuana as you would a vice like alcohol or tobacco, amongst other undesirable or unclear implications) the CA marijuana laws were almost completely rewritten. Prop 19 would have made American marijuana history, by making California the first state to legalize marijuana for recreational use since the Marihuana Tax Act of 1937, which made possession or transfer of cannabis illegal throughout the United States under federal law. Ironically, as many still argue against science whether marijuana is a medicine (medical marijuana has been in existence for almost 3,000 years), the Marihuana Tax Act a full seven decades prior, provided an exclusion for the many medical and industrial uses of Cannabis.
Waiting in the wings for trendsetting California, is a sure bet for the 2012 elections, ”prop XXX - end marijuana prohibition in California.” There is no doubt, that whatever language and ramifications is to be found in this upcoming “legalize marijuana in 2012″ initiative, California marijuana laws will soon again be radically altered.
*** please note the following: CA marijuana laws and policies courtesy of NORML, CA Attorney Generals office, Chris Conrad – Safe Access Now
Marijuana Laws | Medical Marijuana Laws Legal Disclaimer
All of the information contained in this web site, including this guide to California marijuana laws, is provided to you “AS IS” and for educational or entertainment purposes only, and does not constitute any legal advice.The California Pot Blog makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the legal information contained in or linked to this web site and its associated sites.
The laws of California marijuana policy change very rapidly, and accordingly, we do not guarantee that any information on this web site or our affiliated web sites are accurate and up to date. Additionally, pot law differs from jurisdiction to jurisdiction, and is subject to interpretation of courts located in each county. Legal advice must be tailored to the specific circumstances of each case and the tools and information provided to you may not be an appropriate fit in your case. Nothing that you read or is provided on this web site should be used as a substitute for the advice of competent legal counsel.