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California Health and Safety Code 11357

	
11357. (a) Except as authorized by law, every person who possesses


any concentrated cannabis shall be punished by imprisonment in the


county jail for a period of not more than one year or by a fine of


not more than five hundred dollars ($500), or by both such fine and


imprisonment, or shall be punished by imprisonment in the state


prison.


(b) Except as authorized by law, every person who possesses not


more than 28.5 grams of marijuana, other than concentrated cannabis,


is guilty of a misdemeanor and shall be punished by a fine of not


more than one hundred dollars ($100). Notwithstanding other


provisions of law, if such person has been previously convicted three


or more times of an offense described in this subdivision during the


two-year period immediately preceding the date of commission of the


violation to be charged, the previous convictions shall also be


charged in the accusatory pleading and, if found to be true by the


jury upon a jury trial or by the court upon a court trial or if


admitted by the person, the provisions of Sections 1000.1 and 1000.2


of the Penal Code shall be applicable to him, and the court shall


divert and refer him for education, treatment, or rehabilitation,


without a court hearing or determination or the concurrence of the


district attorney, to an appropriate community program which will


accept him. If the person is so diverted and referred he shall not be


subject to the fine specified in this subdivision. If no community


program will accept him, the person shall be subject to the fine


specified in this subdivision. In any case in which a person is


arrested for a violation of this subdivision and does not demand to


be taken before a magistrate, such person shall be released by the


arresting officer upon presentation of satisfactory evidence of


identity and giving his written promise to appear in court, as


provided in Section 853.6 of the Penal Code, and shall not be


subjected to booking.


(c) Except as authorized by law, every person who possesses more


than 28.5 grams of marijuana, other than concentrated cannabis, shall


be punished by imprisonment in the county jail for a period of not


more than six months or by a fine of not more than five hundred


dollars ($500), or by both such fine and imprisonment.


(d) Except as authorized by law, every person 18 years of age or


over who possesses not more than 28.5 grams of marijuana, other than


concentrated cannabis, upon the grounds of, or within, any school


providing instruction in kindergarten or any of grades 1 through 12


during hours the school is open for classes or school-related


programs is guilty of a misdemeanor and shall be punished by a fine


of not more than five hundred dollars ($500), or by imprisonment in


the county jail for a period of not more than 10 days, or both.


(e) Except as authorized by law, every person under the age of 18


who possesses not more than 28.5 grams of marijuana, other than


concentrated cannabis, upon the grounds of, or within, any school


providing instruction in kindergarten or any of grades 1 through 12


during hours the school is open for classes or school-related


programs is guilty of a misdemeanor and shall be subject to the


following dispositions:


(1) A fine of not more than two hundred fifty dollars ($250), upon


a finding that a first offense has been committed.


(2) A fine of not more than five hundred dollars ($500), or


commitment to a juvenile hall, ranch, camp, forestry camp, or secure


juvenile home for a period of not more than 10 days, or both, upon a


finding that a second or subsequent offense has been committed.






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