Possession of not more than 28.5 grams of Marijuana, or not more than four grams of concentrated cannabis, may be charged as a misdemeanor. Additional penalties apply for operating a motor vehicle under the influence of marijuana or intent to sell, and sale to a minor. For purposes of the Immigration and Nationality Act possession with intent to sell is an aggravated felony.
What does the prosecutor have to prove?
1. Defendant planted, cultivated, harvested, dried, or processed more than six living marijuana plants;
2. Defendant was 18 years of age or over at the time of the offense. [Cal Crim No. 2375]
Misdemeanor: Fine Only
Second: 0-10 days
Possession for Sale: 0-180 days