Marijuana Possession for Personal Use in California - Health & Safety Code 11357 HS

If you're convicted of possession of marijuana for personal use in California, you probably won't go to jail. As one of California's least serious drug laws, simple marijuana possession is only a misdemeanor. In some circumstances, a charge of violating HS 11357 won't even go on your criminal record!

On this page, our California marijuana attorneys will answer the following questions about California Health and Safety Code 11357, otherwise known as marijuana possession for personal use:

What is possession of marijuana for personal use in California?

What are the penalties for marijuana possession for personal use in California?

What are the defenses to marijuana possession for personal use in California?

Please call us at (888) 327-4652 for a free consultation if you're facing a marijuana-related charge in California.

What is possession of marijuana for personal use in California?

Health & safety Code 11357 makes it a crime to possess pot in California for personal use. Therefore, this law does not apply to situations where someone has weed they intend to sell. Possession for the purpose of sale is an entirely different California crime than possession for personal use (and you can read our information page about possession with intent to sell here).

In order to be convicted of HS 11357, the prosecution has to prove two separate factors:

1. That there was marijuana in your possession, and
2. That you knew marijuana was in your possession

Possession of marijuana means that the marijuana is somewhere under your control, such as in your pocket, in your car, in your apartment, or in a bank vault belonging to you. For example:

You live in a dorm at UCLA, and the LAPD finds a stash of weed in the hall laundry room behind a washing machine you frequently use. Without other evidence, the police wouldn't have enough probable cause to arrest you for marijuana possession for personal use in Los Angeles. This is because the washing machine is communal, and it's not an area you exercise sole control over. If the pot was found in your personal laundry basket, however, then the police would have a stronger case to make an arrest.

Knowledge of possession requires that you are aware that there is marijuana under your control. For example:

Your coworker hides a stash of marijuana in your San Bernardino office. Although you have control over your office since it's your private space, you genuinely lack knowledge of the marijuana being there. Therefore, you're technically not guilty of marijuana possession for personal use in San Bernardino.

What are the penalties for 11357 HS marijuana possession for personal use in California?

The penalties you may face for the misdemeanor of simple marijuana possession in California depend on whether the amount of marijuana you allegedly possessed weighed in at more than an ounce. (An ounce is the equivalent of 28.5 grams.)

Obviously, penalties for possessing more than an ounce of pot is greater than for possessing just an ounce or less. However, even if the amount of pot in question is only an ounce or less, punishment will be enhanced if the possession occurs on school grounds. In addition, people under twenty-one (21) years old face suspension of their driving privileges if they're convicted of a marijuana crime.

HS 11357 (b)-One ounce (1 oz.) or less of marijuana:

If you're convicted of simple marijuana possession of one ounce (1 oz.) or less of marijuana, HS 11357 (b) requires that you pay no more than a $100 fine, plus any court surcharges. Therefore, you won't get jail or probation.

There are ways you may be able to escape a conviction for HS 11357 (b), and therefore a criminal record, altogether. Discuss with your attorney the possibility of Deferred Entry of Judgment, Drug Court, Proposition 36, or "informal diversion," by which you do some community service or attend some Narcotics Anonymous meetings in exchange for the case being dismissed with no criminal conviction ever recorded. (Know that if you're convicted of HS 11357 (b) four times within two years, the court may order you to undergo rehab.)

In addition, for adults eighteen (18) years and older, California Health & Safety Code 11357 (d) makes possession of an ounce or less of marijuana on school grounds a misdemeanor. They may face ten (10) days in jail and a $500 fine.

As for children under eighteen (18) years old, California Health & Safety Code 11357 (e) makes possession of an ounce or less of marijuana on school grounds a slightly less serious misdemeanor. For a first offense, they may face a $250 fine. But for a second offense, they may face a $500 fine in addition to ten (10) days in juvenile hall.

However, these "school ground" laws apply only for K-12 schools and during school hours.

HS 11357 (c)-More than one ounce (1 oz.) of marijuana:

If you're convicted of simple marijuana possession of more than one ounce (1 oz.) of marijuana, HS 11357 (c) makes you eligible for probation, six (6) months of jail, as well as a $500 fine. However, in practice, people convicted of possession for personal use of more than an ounce of pot hardly ever do time. Discuss with your attorney the possibility of doing the following programs in lieu of jail: Proposition 36, Deferred entry of Judgment, Drug Court, or Informal Diversion (described above).

California Drivers License suspensions

Unfortunately, California Vehicle Code 13202.5 suspends driving privileges to people under twenty-one (21) years old who have been convicted of a marijuana crime. However, if you avoid conviction by successfully completing a diversion program (described above), then you'll also keep your license.

What are the defenses to marijuana possession for personal use in California?

Depending on the facts of your case, it may be possible to dismiss or at least reduce a charge for simple marijuana possession. Some of the strategies our California criminal defense lawyers may use to fight a charge of marijuana possession for personal use are the following:

There was no possession

For a California court to convict you of marijuana possession for personal use, the prosecution needs to show that you had some marijuana under your control. Therefore, a good criminal defense attorney may try to disprove that any marijuana was in your control. For example:

The police arrest you for simple marijuana possession in Orange County after they found pot in an O.C. condo that you're subletting to others. Even though you "own" the condo that the marijuana was found in, a criminal defense attorney would argue that you didn't "possess" the marijuana for personal use in Orange County because the tenants and not you had control over the condo.

There was no knowledge

A key element to the crime of simple possession is that you had awareness of the marijuana being in your possession. Therefore, a good California criminal defense lawyer would try to show that you lacked awareness. For example:

You just lent your car to a college friend who left a baggie of pot in the glove compartment and forgot to take it out. While driving back from U.C. Irvine, the police notice the baggie during a routine traffic stop and arrest you for possession of marijuana for personal use in Newport Beach. If your attorney can show that you had no knowledge of the weed being in your car because your friend had put it there, then you shouldn't be convicted of HS 11357 (c).

The search was illegal

The Fourth Amendment of the U.S. Constitution requires that all police searches and seizures be based on probable cause. Therefore, if your attorney can prove that the police found the marijuana in your case as the result of an illegal search, the attorney would have good grounds to have the case dismissed. For example:

A cop gets a tip that there're people smoking joints in Ventura County at a particular address. After getting a warrant to search the house, the cop goes to the house next door by mistake and searches it. He finds you in your bedroom smoking a joint and arrests you for HS 11357 (b). Since neither you nor your address was named in the warrant, the cop probably conducted an illegal search. Therefore, the judge would most likely throw out the case despite that the cop plainly caught you in the act of possessing marijuana for personal use.

If you're in need of criminal defense representation for a marijuana crime in California, please call our criminal defense attorneys for a free consultation at (888) 327-4652.

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