21 YEARS OR OLDER AT TIME OF THE OFFENSE CRIME DESCRIPTION Age Limits ≤ 28.5 g marijuana > 28.5 g marijuana ≤ 4 g concentrated cannabis > 4 g concentrated cannabis ≤ 8 g concentrated cannabis > 8 g concentrated cannabis Simple Possession (HS §11357; HS §11362.1) Legal (HS11362.1) Seal & Destroy Record Misdemeanor Legal (HS11362.1) Seal & Destroy Record Legal if ≤ 8 g (HS11362.1) Seal & Destroy Record Legal (HS11362.1) Seal & Destroy Record Misdemeanor Cultivation (HS §11358) Six plants or less is legal (Seal and Destroy Records) More than six plants is a misdemeanor, but may still be a felony if: (1) you have a prior “super strike,” or (2) you are a registered sex offender under PC290(c), or (3) you have two or more prior convictions under this subsection, or (4) you diverted public waters or polluted the environment. Possession with the Intent to Sell (HS §11359) Misdemeanor unless one or more of the following exceptions apply (then it may be a felony): (1) you have a prior “super strike,” or (2) if you are a registered sex offender under PC290(c), or (3) you have two or more prior convictions under this subsection, or (4) you were selling or attempting to sell to someone under the age of 18, or (5) you are 21 or older and you knowingly hire, employ, or use a persons under 21 in unlawfully cultivating, selling, etc. marijuana or concentrated cannabis. Transports (HS §11360; HS §11362.1) Legal (HS11362.1) Seal & Destroy Record See Transport for Sale See Transport for Sale See Transport for Sale Legal (HS11362.1) Seal & Destroy Record See Transport for Sale Transports for Sale (offers/attempts to transport for sale) Infraction Misdemeanor BUT Misdemeanor BUT Misdemeanor BUT Misdemeanor BUT Misdemeanor BUT
(HS §11360) Felony if: (1) you have a prior “super strike,” or (2) if you are a registered sex offender under PC290(c), or (3) you have two or more prior convictions under this subsection, or (4) you were transporting out of the state. Felony if: (1) you have a prior “super strike,” or (2) if you are a registered sex offender under PC290(c), or (3) you have two or more prior convictions under this subsection. Felony if: (1) you have a prior “super strike”, or (2) if you are a registered sex offender under PC290(c), or (3) you have two or more prior convictions under this subsection, or (4) you were transporting out of the state. Felony if: (1) you have a prior “super strike,” or (2) if you are a registered sex offender under PC290(c), or (3) you have two or more prior convictions under this subsection. Felony if: (1) you have a prior “super strike,” or (2) if you are a registered sex offender under PC290(c), or (3) you have two or more prior convictions under this subsection. Imports (or offers/attempts to import) into the State (HS §11360) Misdemeanor BUT Felony if: (1) you have a prior “super strike,” or (2) if you are a registered sex offender under PC290(c), or (3) you have two or more prior Felony Misdemeanor BUT Felony if: (1) you have a prior “super strike,” or (2) if you are a registered sex offender under PC290(c), or (3) you have two or more prior Felony Felony unless amount is ≤ 4 g Felony
convictions under this subsection. convictions under this subsection. Give Away (or offers to give away) for No Compensation (HS § 11360) To person < 18 Felony (HS § 11361) To person 18-20 Infraction Misdemeanor unless one or more of the following exceptions apply (then it may be a felony): (1) you have a prior “super strike,” or (2) if you are a registered sex offender under PC290(c), or (3) you have two or more prior convictions under this subsection. To person 21+ Legal (HS11362.1) Seal & Destroy Record Misdemeanor BUT Felony if: (1) you have a prior “super strike,” or (2) if you are a registered sex offender under PC290(c), or (3) you have two or more prior convictions under this subsection. Legal (HS11362.1) Seal & Destroy Record Misdemeanor BUT Felony if: (1) you have a prior “super strike,” or (2) if you are a registered sex offender under PC290(c), or (3) you have two or more prior convictions under this subsection. Legal (HS11362.1) Seal & Destroy Record Misdemeanor BUT Felony if: (1) you have a prior “super strike,” or (2) if you are a registered sex offender under PC290(c), or (3) you have two or more prior convictions under this subsection. Sells or Offers to To Felony