Health and Safety Code 11357 HS: Possession of Marijuana

California Health and Safety Code 11357 HS makes it unlawful for individuals under 21 years of age, or any person on the grounds of a K-12 school during operating hours, to possess cannabis or concentrated cannabis, and prohibits adults 21 and older from possessing more than 28.5 grams of plant cannabis or more than 8 grams of concentrated cannabis.

Although Proposition 64 legalized recreational marijuana for adults aged 21 and older in California, Health and Safety Code 11357 HS remains the primary statute regulating unlawful possession. The law sets clear boundaries regarding age limits, permissible quantities, public school protection, and concentrated extracts.

What Must Be Proven to Convict

To convict a defendant under California Health and Safety Code 11357 HS, prosecutors must establish each of the following elements beyond a reasonable doubt:

  1. Unlawful Control or Possession: The defendant exercised control over, or had the right to control, a quantity of cannabis or concentrated cannabis (either actual possession, constructive possession, or joint possession).
  2. Knowledge of Presence: The defendant knew of the presence of the cannabis or concentrated cannabis.
  3. Knowledge of Nature: The defendant knew that the substance was cannabis or a concentrated cannabis extract.
  4. Statutory Violation: The possession violated specific legal limits under California law—such as being possessed by an individual under 21, exceeding 28.5 grams of plant material or 8 grams of concentrate, or being present on K-12 school grounds while school is in session.

Penalties for HS 11357 Violations

Criminal penalties under HS 11357 depend on the defendant's age, the quantity possessed, and whether the offense occurred on school grounds. Most violations are infractions or misdemeanors focused on community service or education rather than state prison terms.

Possession of Over 28.5 Grams of Cannabis or Over 8 Grams of Concentrated Cannabis (Adults 18+)

  • Misdemeanor Charge: Up to 6 months in county jail and/or a fine of up to $500.

Possession by Individuals Under 18 Years Old (Any Amount)

  • First Offense (Infraction): Up to 4 hours of drug education or counseling and up to 20 hours of community service.

  • Second or Subsequent Offense (Infraction): Up to 6 hours of drug education or counseling and up to 60 hours of community service.

Possession by Individuals Ages 18 to 20 (28.5g or Less of Cannabis / 8g or Less of Concentrate)

  • Infraction Charge: A fine of up to $100.

Possession on K-12 School Grounds During Operating Hours

  • Minors Under 18 (Infraction): Drug education/counseling and community service requirements.

  • Adults 18 and Older (Misdemeanor): A fine of up to $250 for a first offense; up to 10 days in county jail and/or a fine of up to $500 for subsequent offenses.

Common Legal Defenses to Marijuana Possession Charges

An experienced California criminal defense attorney can raise several defenses to challenge an HS 11357 charge:

  • Lawful Personal Use (Adults 21+): The defendant is an adult 21 or older who possessed 28.5 grams or less of plant cannabis or 8 grams or less of concentrated cannabis for personal use in an authorized location.

  • Unlawful Search and Seizure: Police conducted an illegal vehicle or personal search without probable cause, a valid search warrant, or valid consent, violating Fourth Amendment rights and requiring evidence suppression under PC 1538.5.

  • Lack of Knowledge or Control: The defendant was unaware of the presence of the marijuana (e.g., hidden inside a borrowed vehicle or left by a third party in a shared living space).

  • Valid Medical Marijuana Authorization: The defendant possessed amounts reasonably necessary for personal medical needs under California's Compassionate Use Act (HS 11362.5) with a valid physician recommendation.

  • Fake or Non-Cannabis Substance: The seized material was hemp containing 0.3% or less Delta-9 THC, or a non-regulated botanical substance.

Examples of HS 11357 Violations

  • A 19-year-old college student carrying 5 grams of loose cannabis flower in their backpack receives an infraction citation during a routine traffic stop.

  • An adult possessing 50 grams of cannabis flower in their trunk is charged with a misdemeanor for exceeding the 28.5-gram personal possession limit.

  • An 18-year-old high school senior possessing a vape pen containing 1 gram of THC wax on school grounds during school hours faces misdemeanor charges.

Related California Cannabis and Drug Laws

Understanding related laws matters because police officers routinely expand simple marijuana investigations into more severe felony charges.

An initial stop for marijuana possession can quickly escalate into charges for possession for sale (HS 11359), unlawful transportation (HS 11360), open container violations (VC 23222b), or DUID (VC 23152f).

Prosecutors often file stacked charges based on circumstantial evidence like digital scales or cash, making a comprehensive defense strategy against all related statutes essential.

Frequently Asked Questions

Is recreational marijuana completely legal in California? Recreational marijuana is legal for adults 21 and older, but only up to statutory personal limits (28.5 grams of plant material or 8 grams of concentrate) and subject to restrictions regarding age, school grounds, driving, and unlicensed sales.

Can you go to jail for simple marijuana possession in California? Possessing legal amounts as an adult is not a crime. However, possessing more than 28.5 grams of cannabis or 8 grams of concentrate, or possessing any amount on K-12 school grounds as an adult, can result in misdemeanor jail sentences of up to 6 months.

Can police search your car just because they smell marijuana? Under current California law, the mere odor of burnt or raw cannabis alone generally does not justify a warrantless vehicle search, provided the cannabis appears to be legally possessed in a sealed container or by an adult.

What is the legal limit for possessing concentrated cannabis in California? Adults 21 and older may legally possess up to 8 grams of concentrated cannabis (such as wax, shatter, hashish, or vape cartridges) for personal use.

What happens if a minor under 18 is caught with marijuana? Minors under 18 caught with cannabis commit an infraction and face mandatory drug education or counseling and community service rather than incarceration.

Can a marijuana possession conviction be expunged from your record? Yes, past or current marijuana convictions under HS 11357 can often be expunged, dismissed, or reclassified under California Penal Code 1203.4 and Proposition 64 provisions.

Is it legal to smoke or consume marijuana in public in California? No, smoking or consuming cannabis in public places, near schools, or while driving or riding in a vehicle remains unlawful and subject to infraction fines.

Can you be charged under HS 11357 if the marijuana belongs to someone else? Yes, prosecutors can allege "constructive possession" if they prove you knew about the marijuana and had control over the area where it was located, even if you do not personally own it.

The Hedding Law Firm can help you. Schedule your consultation by calling us or using the contact form.

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