How Much Weed is a Felony in California?
California has a long history of being a leader in cannabis reform, and the state’s laws regarding the possession and sale of marijuana have undergone significant changes over the years. In 2016, California voters approved Proposition 64, also known as the Adult Use of Marijuana Act (AUMA), which legalized the recreational use of cannabis for adults 21 and older. However, even with legalization, there are still strict laws and regulations surrounding the possession and distribution of marijuana, and some quantities can still result in felony charges.
Felony Possession of Weed in California
In California, the possession of cannabis is generally considered a misdemeanor offense, punishable by a fine and/or up to one year in jail. However, if the quantity of cannabis possessed is over a certain amount, the offense can be upgraded to a felony.
Felony Possession Thresholds in California
The thresholds for felony possession of cannabis in California are as follows:
- 28.5 grams or more: Possession of 28.5 grams or more of cannabis is considered a felony, punishable by a fine and/or up to 3 years in state prison.
- less than 28.5 grams: Possession of less than 28.5 grams of cannabis is considered a misdemeanor, punishable by a fine and/or up to 1 year in jail.
Felony Distribution of Weed in California
In addition to felony possession, the distribution of cannabis can also result in felony charges. The thresholds for felony distribution of cannabis in California are as follows:
- 28.5 grams or more: Selling, furnishing, or giving away 28.5 grams or more of cannabis is considered a felony, punishable by a fine and/or up to 3 years in state prison.
- less than 28.5 grams: Selling, furnishing, or giving away less than 28.5 grams of cannabis is considered a misdemeanor, punishable by a fine and/or up to 1 year in jail.
Other Factors that Can Impact Felony Weed Charges in California
In addition to the quantity of cannabis possessed or distributed, other factors can impact the severity of felony weed charges in California. These include:
- Prior Convictions: If an individual has prior convictions for cannabis-related offenses, they may be subject to enhanced penalties for subsequent offenses.
- Drug-Related Weapons: If an individual possesses a weapon while committing a drug-related offense, they may be subject to more severe penalties.
- Distribution to Minors: If an individual distributes cannabis to minors, they may be subject to more severe penalties, including felony charges.
Table: Felony Weed Charges in California
| Quantity of Cannabis | Possession | Distribution |
|---|---|---|
| Less than 28.5 grams | Misdemeanor | Misdemeanor |
| 28.5 grams or more | Felony | Felony |
Conclusion
While California has legalized recreational cannabis use, there are still strict laws and regulations surrounding the possession and distribution of marijuana. If an individual possesses or distributes 28.5 grams or more of cannabis, they can face felony charges and potential penalties, including prison time. It is essential for individuals to understand the laws and regulations surrounding cannabis in California to avoid running afoul of the law.
Additional Resources
- California Health and Safety Code Section 11358
- California Health and Safety Code Section 11360
- California Court of Appeal, Fourth Appellate District, 2019
Takeaway
In California, the possession of 28.5 grams or more of cannabis is considered a felony, punishable by a fine and/or up to 3 years in state prison. The distribution of 28.5 grams or more of cannabis is also considered a felony, punishable by a fine and/or up to 3 years in state prison.
