Possession laws are set forth in Health and Safety Code 11357 HS.
Since the passage of Proposition 64 it is now legal for:
Cultivation laws call for felony penalties in certain situations. This is when people cultivate more than six plants and:
8.3. Selling marijuana – HS 11360
Our California criminal defense attorneys will answer the following key questions in this article:
A defendant can beat a charge under these California marijuana laws with a legal defense.
The statute also says that:
1. When is it legal to cultivate hash for recreational use?
Cultivation laws were harsher prior to Proposition 64. Fortunately, this initiative allows people convicted under prior cultivation laws to apply for:
The court is supposed to:
California Health and Safety Code 11361 HS makes it a felony for anyone 18 years or older to sell marijuana to a minor. This law is unchanged by Proposition 64/marijuana legalization.
This action has been significantly criticized and it is not clear what federal prosecutors in California will do. We do not, however, anticipate federal prosecutors going after the casual drug user who complies with California’s marijuana laws.
5. What is the penalty for selling to a minor?
Regardless of whether it is grown indoors or outdoors, the marijuana plants must be in a secure location not accessible to minors.
Note that there are restrictions on where there can be the use of cannabis, however.
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In any of these scenarios, black market sale or transportation for sale of marijuana under HS 11360 is punishable by two (2), three (3) or four (4) years in jail. 9