If you are under the age of 21, possession of marijuana is still against the law.
In November 2016, residents of California voted to legalize the recreational use of marijuana, which brought much relief to people across the state — including those who are currently serving sentences for marijuana possession and may be entitled to apply for resentencing. The new law, known as the Adult Use of Marijuana Act, makes it legal for people age 21 or older to possess and use small quantities of marijuana (just over one ounce of marijuana and up to eight grams of concentrated cannabis), and for licensed businesses to sell marijuana. The law also allows individuals to grow up to six marijuana plants.
While the new regulations putting this law into effect are still being enacted, this law has not made it a free-for-all when it comes to marijuana use in California. As the title of the law notes, the legalization of the recreational use of marijuana only applies to adults. Only people aged 21 or older can legally possession marijuana or concentrated cannabis (hashish) under Prop 64. If you are under the age of 21, you could be charged with a crime for possessing any amount of marijuana, and sentenced to a fine, drug counseling and community service.
Under Prop 64, marijuana possession is treated like alcohol possession for minors. If you are under the age of 21 and caught in possession of marijuana or hashish, you will be charged with an infraction. This can lead to a number of penalties, including a fine of up to $100, if you are aged 18 or over. If you are under 18, you will be sentenced to four hours or drug education or counseling and up to ten hours of community service for a first offense. If you are under 18 and have a second or greater offense, then you will be sentenced to six hours of drug education or counseling and up to twenty hours of community service.
It is also an infraction to cultivate up to six marijuana plants if you are under the age of 21. If a minor under the age of 18 sells or transport marijuana without a license, it is also an infraction, requiring community service, drug education and counseling. A skilled drug defense attorney in Los Angeles, CA can assist you if you have been charged with an infraction for possession, sale or transportation of marijuana as a minor.
Importantly, the fines for adults involved in the sale or transportation of marijuana are significantly more harsh if a minor is involved. While a minor in possession of marijuana may only receive an infraction, if an adult possesses marijuana in connection with a knowing sale or attempted sale to someone under the age of 18, it will be a felony offense, carrying a jail term of up to three years. This is despite the fact that under Prop 64 most marijuana sales will be considered misdemeanor charges. If you have been charged with a felony marijuana offense for attempting to sell marijuana to a minor, an experienced drug defense attorney in Los Angeles, CA can help you defend against the charges.
At the Chambers Law Firm, we have years of experience representing clients who have been charged with marijuana and other drug-related offenses. Contact our firm today at 714-760-4088 or dchambers@clfca.com to learn more about how we can help you if you have been charged with a minor in possession of marijuana or any other drug-related offense.
