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State By State

California

Updated: 20 Apr 2010
California
Population: 36,580,371

GDP Per Capita: $42,064

Decriminalized: Yes

Medical Marijuana: Yes

Laws & Penalties

Possession:
-Minimum: Fine or drug education (varies by case)

-Maximum: $100 fine, no jail time

Sales:
-Minimum: No fine, 2 years

-Maximum: No fine, 4 years

Manufacturing:
-Minimum: No fine, 16 months

-Maximum: No fine, 36 months

Pending Legislation:
-Senate Bill 1449, Marijuana Possession
Reduces marijuana possession penalties for adults from misdemeanor to infraction; awaits review by Senate Committee on Public Safety on April 20, 2010.

-Assembly Bill 1811, Drug Paraphernalia
Amends legal definition of “drug paraphernalia” to exclude items involved in medical marijuana use; approved by Committee on Public Safety in March 2010, awaits review by full Assembly.

-Assembly Bill 2254, Marijuana Control, Regulation and Education Act
Legalizes production, distribution and personal use of limited amounts of marijuana for adults over 21, awaits review by full Assembly.

-Senate Joint Resolution 14, Relative to Medical Marijuana
Non-binding resolution to halt interference in California medical marijuana laws, awaits review by full Assembly.

Data based on first offense and what might be considered ordinary amounts. Penalties can vary based on circumstance and official discretion.

Enforcement Stats

Possession (Adults & Juvenile): 62,952

Sale & Manufacturing (Adult & Juvenile): 15,457

Juvenile Arrests (Possession & Sale): 16,303

Total Marijuana Related Arrests: 78,409

Arrests Per Capita: 2 out of 1,000

DEA Seizures (Marijuana): 412,779.6 pounds

Medical Marijuana

Summary: It became effective Nov. 6, 1996. The bill was amended in 2003 to establish the amount of marijuana a patient and their primary caregiver could possess and also granted dispensaries a legal defense. The amendments became effective in January 2004.

Registered Patients: 10,941

Amount Allowed: Registered patients 8 ounces of dried marijuana, 6 plants, 12 immature plants (if a doctor recommends more, patient may possess more); Unregistered patients may possess reasonable amount with recommendation from doctor

Qualifying Conditions: AIDS, anorexia, arthritis, cachexia, cancer, chronic pain, glaucoma, migraine, persistent muscle spasms, including those associated with multiple sclerosis, seizures associated with but not limited to epilepsy, severe nausea

Distribution System: Dispensaries, unregulated by the state

Patient/ Caretaker Registration Fee: $66/$33 Medi-Cal (plus any fees mandated by the county)

Dispensary Fee: Varies by county

Related Links and Information

Sources: U.S. Census Bureau, U.S. Department of Commerce, Drug Enforcement Agency,FBI Uniform Crime Report (Arrest Appendix), State Attorney General offices; state crime statutes. (Date based on 2008 figures) Arrest statistics based on covered population in 2008 FBI Uniform Crime Report not actual population as compiled by the US Census.


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