Marijuana (possession) | H&S 11357

Description

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]

Punishment

Misdemeanor: Fine Only
Second: 0-10 days
Possession for Sale: 0-180 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	Yes
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	Yes
Am I eligible for Prop. 36 drug diversion if convicted?	Yes
Am I required to give a DNA sample if convicted?	No
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	No
Is this charge considered a “controlled substance violation” for immigration purposes?	Yes
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No