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Is Marijuana Possession Really Not A Crime in California?

January 22nd, 2011

Last November California voters had the opportunity to legalize marijuana possession by way of Proposition 19.  While California voters failed to pass the Proposition, as of January 1, 2011, it is no longer a misdemeanor to possess up to one ounce of marijuana in California for personal use.  It is now an infraction only, the maximum punishment for which is a fine of $100.00.

This change in the law was made effective by changing the classification of the crime of possession of up to an ounce of marijuana form a misdemeanor to an infraction in California Health and Safety Code section 11357 (b), and California Vehicle Code section 23222(b).  As an infraction crime only, persons charged under the amended laws will not be subject to arrest, nor will they any longer be entitled to a jury trial or to an attorney at taxpayer expense.

Keep in mind that while this change in the law is significant, it does not apply when the marijuana is possessed for the purpose of selling it.

If you have questions regarding California’s drug laws, or you or someone you know has been arrested for a drug crime, contact San Jose drug lawyer Bernard P. Bray at: (408) 292-9700.

Call Now: (408) 292-9700

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