California Laws

Approved Conditions

  • Aids
  • Anorexia
  • Arthritis
  • Cachexia
  • Cancer
  • Chronic pain
  • Glaucoma
  • Migraine
  • Persistent Muscle Spasms (including spasms associated with multiple sclerosis)
  • Seizures (including seizures associated with epilepsy)
  • Severe Nausea
  • Other Chronic or Persistent Medical Symptoms

Possession by Qualified Patients

May possess no more than 8 ounces of dried marijuana and/or 6 mature (or 12 immature) marijuana plants.

  • But: S.B 420 allows patients to possess larger amounts of marijuana when recommended by a physician.
  • Legislation also allows counties and municipalities to approve and/or maintain local ordinances permitting patients to possess larger quantities of medicinal pot than allowed under the new state guidelines.

Requirements to Obtain a Medical Marijuana Card

  • Must obtain a medical marijuana recommendation from a physician
  • Complete an application form (CDPH 9042)
  • Submit the application to patient’s county health department
  • Provide a government-issued photo I.D.
  • Provide proof of county of residence
  • Provide written documentation from the doctor recommending the use of medical marijuana
  • Pay the applicable application fee(s)

Sale or Delivery

  • Any amount: Misdemeanor
  • Gift of 28.5 grams or less: misdemeanor ($100 fine)
  • Over 18 years old to an individual 14-17 years old: felony (3-5 years imprisonment)
  • Over 18 years old to an individual under 14 years old: felony (3-7 years imprisonment)

Consumption

Consumption May only legally be consumed in private.

Cultivation

  • Grow up to 6 plants
  • Cultivation is allowed in indoor, secure and locked location
  • Locals may enact “reasonable regulations” on cultivation
  • Grow for personal use eligible for Penal Code 1000. No limits to cultivation for personal use

Driving Under the Influence of Marijuana

  • Illegal to drive a vehicle under the influence of any substance that impaits the driver’s mental or physical faculties, which includes marijuana (CA. Vehicle Code §23152(a))
  • Penalties:
Number of Convictions Jail Time Fines License Suspension Other Requirements/Penalties Additional Penalties That May Apply
First Conviction between 96 hours and 6 months fine of between $390 and $1,000 up to 6 months of license suspension will be ordered to use an ignition interlock device after regaining driving privileges A judge may require violators to complete a DUI Program.
A judge may order probation in lieu of a portion of jail time.
Second conviction
(that occurs within 7 years of 1st conviction)
between 90 days and one year in jail fine of between $390 and $1,000 up to 2 years of license suspension will be required to use an ignition interlock device after regaining driving privileges A judge may require violators to complete a DUI Program.
A judge may order probation in lieu of a portion of jail time.
Third and subsequent conviction between 120 days (180 days for 4th and subsequent offenses) and one year fine of between $390 and $1,000 (info not provided) will be required to use an ignition interlock device after regaining driving privileges and will also be designated as a habitual traffic offender for 3 years following conviction May carry additional probation time and educational requirements.
A judge may require violators to complete a DUI Program.
A judge may order probation in lieu of a portion of jail time.
Conviction within 10 years of other felonies up to one year in jail fine of between $390 and $1,000 (info not provided) designation as a habitual traffic offender (even if previous felony wasn’t related to DUI) Other possible additional penalties may be applicable.
A judge may require violators to complete a DUI Program.
A judge may order probation in lieu of a portion of jail time.