It’s 4-20, and that means weed smoke is in the air in Chico, CA.  But before you spark the ganja and turn up Marley, you should know a few laws that are STILL in place in California (yes, it’s not decriminalized yet).

  1.  It’s still illegal to possess weed (without a prescription).  If you have under an ounce, it’s only an infraction (a fine). (H&S 11357)
    1. It’s separately illegal to possess marijuana it your car. (VC 23222(b))
  2. If you possess more than an ounce  (28.5 grams) you’re looking at a misdemeanor charge. (H&S 11357(c))
  3. If you possess a substantial quantity, you could face possession with intent to sell.  This is a felony charge and you could be facing 16 months, 2 or 3 years in jail. (H&S 11359)
    1. If you have only a small quantity of weed, but you have packaging materials, baggies, a scale, a large quantity of money, or other tangible goods that make it look like you are not possessing the marijuana solely for the purpose of personal consumption, you can also face the above charge.
  4. It’s illegal to give away weed.  It’s a friendly gesture, but it could land you in jail. (H&S 11360)
  5. If you have hash or other concentrated cannabis products, the state looks as that as more dangerous than just buds, so they punish it accordingly.  Possession of concentrated cannabis can lead to a felony or misdemeanor charge.
  6. Making hash using butane is a major no-no.  If you are caught in the act, or the officers find evidence of you manufacturing honey oil, you could be facing very serious felony charges.
  7. DUI charges are not reserved only for drunk drivers.  You CAN get a DUI from driving with marijuana in your system if you are under the influence of the drug.  If you have smoked any quantity of weed, you should not drive while still feeling the effects (this is true also for medical marijuana users).

Remember, cannabis cards generally allow you to possess weed for your personal consumption.  Giving away medically “legal” weed, selling it, driving while high, and having much more than what you could possibly consume can lead to criminal charges.  This article addresses non-caregivers, and people who are not exempt under state law from many marijuana activities.

If you are going to partake in 4-20 festivities, be safe, and remember your constitutional rights against self-incrimination, your right to an attorney, your right not to be stopped or detained without reasonable suspicion, and your right to not be searched or arrested unless the officer establishes probable cause.  If you are illegally searched, stopped, or arrested, your remedy is the court system, not trying to fix the problem on the street.  You may not resist the officer even if you are being unlawfully arrested.

That being said, it’s a beautiful day in Chico, go enjoy the weather and be safe!

*This article does not constitute legal advice and should not be used a substitute for the advice of a licensed CA lawyer.  If you are facing criminal charges you should seek legal counsel.  This article applies to CA only, and is for informational purposes only.

Share This