Under the California Health and Safety Code 11018, marijuana possession means any part of the cannabis sative L. plant, the seeds, or resin extracted from the plant, including every compound derived from the plant. It does not include the mature stalks or fibers made from the stalks (for example, hemp products), or oil or cake made from the seeds of the plant.
If you are found with less than an ounce of marijuana just mentioned, you face at most a small fine. However, if the authorities discover you with more than one ounce (28.5 grams) of marijuana, or if the substance is discovered in your vehicle, or you are trying to sell, transport, or give marijuana away, you will be charged with a felony or misdemeanor (Health and Safety Code 11360).
Marijuana legislation is divided into two separate camps: Prosecution for Simple Possession, Health and Safety Code Section 11357 ( c) and Prosecution under Orange Country law for Possession for Sale of Marijuana.
In order to prosecute for OC Marijuana misdemeanor possession of marijuana, the prosecution must prove that: (1) The accused possessed a controlled substance; (2) The accused knew of its presence; (3) The accused knew of the substance’s nature or controlled status; (4) The controlled substance was marijuana; (5) The amount possessed by the accused weighted more than one ounce.
In the case of possession for sale of marijuana, the prosecution must prove that: (1) The accused possessed a controlled substance; (2) The accused knew of its presence; (3) The accused knew of the nature or character of the substance; (4) When the accused possessed the controlled substance, he/she intended to sell it; (5) The controlled substance was proven to be marijuana; (6) The controlled substance was a usable amount.
In order to prosecute for the sale of marijuana, the prosecution must prove that: (1) The accused sold/furnished/administered/imported into California a controlled substance; (2) The accused knew of its presence; (3) The accused knew of the substance’s nature or controlled status; (4) The controlled substance was marijuana; (5) The controlled substance was a usable amount.
In order to prosecute for the transport of marijuana, the prosecution must prove that: (1) The accused unlawfully moved a controlled substance from one location to another; (2) The accused knew of its presence; (3) The defendant knew of the substance’s nature or character as a controlled substance; (4) The controlled substance was marijuana; (5) The marijuana was a usable amount.
