Health and Safety Code 11357(a)

Have you been arrested for Possession of Marijuana? Those convicted of California Health and Safety Code 11357 (a) may be ordered to pay large fines or serve jail time. A MacGregor & Collins, LLP drug crime attorney can provide you with your options and help you to make informed decisions moving forward. Call us today to take advantage of our free consultation.


HS 11357a Defined


In order to prosecute for California Health and Safety Code 11357 (a), the state has the burden to prove you were guilty of either:


  • The defendant was aware of the marijuana
  • The defendant knew that marijuana was in fact an illegal drug
  • The defendant had sufficient amounts of marijuana for it to be used as a drug


There are two types of marijuana possession, defined in HS code 11357 (a). These include:


That the defendant had the marijuana, which means it was on them in-person, or:


That the defendant had constructive possession, which means that the marijuana was elsewhere, but that they still had control over the marijuana


Potential Penalties for 11357 (a) Violations


Marijuana has penalties that vary, based on aggravating circumstances, and the quantity of marijuana that the defendant is found with


Marijuana Possession of Less Than 1 oz.:

The penalties include an infraction, which has a fine of up to $100. (Refer to California HS Code 11357 (b))


Marijuana Possession of More Than 1 oz. (not concentrated):

  • Up 6 Months in the Orange County Jail
  • Up to $500 in fines

(Refer to California HS Code 11357 (c))


Possession of Concentrated Marijuana (not for sales):

The penalties or punishment for possession of concentrated marijuana depend on a number of factors, including criminal history and the circumstances surrounding the case. It could be considered a felony or a misdemeanor, and those found guilty could face:



1. Up to 1 Year in Jail
2. A maximum $500 fine



1. 16 Months, 2 or 3 Years in Prison

If you are facing Possession of Marijuana charges for California Penal Health and Safety Code Section 11357 (a), speaking with one of our experienced Marijuana defense lawyers may be in your best interest. Our attorneys provide free marijuana case evaluations and consultations for all first time callers.

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