California Marijuana Possession Penalties (2026)
Possession of marijuana / cannabis charges in California: penalties, sentencing ranges, felony thresholds, and what to expect if charged.
Educational purposes only. Not legal advice. If you are facing marijuana possession charges in California, consult a licensed California criminal defense attorney.
California Marijuana Possession Penalties
| Amount | Penalty |
|---|---|
| Small Amount | Legal (up to 1 oz) |
| Large Amount | Over 28.5g: up to $500 fine |
California legalized recreational marijuana in 2016 (Prop 64)
Marijuana Possession Statute of Limitations in California
In California, the statute of limitations for felony drug charges is generally 3 years. Misdemeanor drug offenses carry a 1 year limit.
Defending Against Marijuana Possession Charges in California
Common defenses in California marijuana possession cases include:
- Lack of intent — many charges require proving criminal intent
- Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
- Procedural violations — improper arrest, unlawful search and seizure
- Mistaken identity
- Constitutional violations — Fourth and Fifth Amendment protections
The specific defenses available depend on the facts of the case. Consult a California criminal defense attorney for advice.
Related California Laws
DUI / DWI
Theft / Larceny
Assault
Domestic Violence
Drug Possession
Burglary
Robbery
Fraud
Trespassing
Disorderly Conduct
Vandalism
Hit and Run
Illegal Weapons Possession
Drug Trafficking
Prostitution
Shoplifting
Reckless Driving
Forgery
Kidnapping
Arson
Stalking
Embezzlement
Money Laundering
Public Intoxication