CRIMINAL PENALTIES FOR RECREATIONAL CANNABIS UNDER PROPOSITION 64

ADULTS 21 AND OVER

LEGAL

  • Possession up to 1 oz. dry cannabis
  • Possession up to 8 grams concentrates
  • Cultivation, personal, up to 6 plants

INFRACTION

Subject to a fine

  • Smoke/ingest cannabis in a public place: $100 fine
  • Smoke cannabis where tobacco is banned: $250 fine

MISDEMEANOR

Subject to a $500 fine or 6 months in jail, or both

  • Possession over 1 oz. dry cannabis*
  • Possession over 8 grams concentrates
  • Cultivation, personal, over 6 plants

AGES 18-21 YEARS OLD

INFRACTION

Subject to fine

  • Possession up to 1 oz. dry cannabis: $100 fine
  • Possession up to 4 grams concentrates: $100 fine
  • Cultivation up to 6 plants: $100 fine
  • Smoke/ingest cannabis in a public place: $100 fine
  • Smoke cannabis where tobacco is prohibited: $250 fine

MISDEMEANOR

Subject to a $500 fine, 6 months in jail or both

  • Possession over 1 oz. dry cannabis
  • Possession over 4 grams concentrates
  • Cultivation over 6 plants

AGES 18 AND UNDER

INFRACTION

Subject to counseling and community service

  • Possession up to 1 oz. dry cannabis
  • Possession up to 4 grams concentrates
  • Possession over 1 oz. dry cannabis
  • Possession over 4 grams concentrates
  • Cultivation, personal, up to 6 plants
  • Cultivation, personal, over 6 plants
  • Smoking cannabis in a public place
  • Smoke cannabis where tobacco is banned

* Prop. 64 creates an exception for legally home-grown cannabis. A person is entitled to possess more than an ounce of dried cannabis in his or her private residence if the excess was harvested from a plant grown for personal use.

NOTE: Prop. 64 does not change existing laws making it illegal to drive while under the influence of cannabis, and does not affect laws prohibiting the sale, administering, furnishing, or giving away of cannabis to a person younger than 21 years old.