California Marijuana Laws Attorney David D. Diamond is a State Bar Certified Criminal Law Specialist. His decades of experience are exactly what you need to overcome your criminal charges

Overview of California's Marijuana Laws

California Criminal & Medical Marijuana Laws

The laws in California regarding marijuana are as follows:


It is illegal to possess any amount of marijuana. Possessing marijuana is a misdemeanor offense that can result in up to 6 months in jail and fines up to $500.


It is illegal in California for any person to “plant, cultivate, harvest, dry, or process” any marijuana or any part of a marijuana plant. Cultivating marijuana is a felony offense that is punishable by 16-36 months in prison.


Possessing marijuana with intent to sell is a felony offense in California, and can result in 2-7 years in prison. Even if a police officer or law enforcement official didn’t actually witness a sale transaction, they can still charge an individual with intent to sell if they see the following items:

  • Large amounts of cash
  • Large quantities of marijuana
  • Scales and packaging supplies
  • Pipes, papers, or bongs

Transportation & Distribution

In California, any person who transports or distributes marijuana will be charged with a felony, and if convicted, sentenced to up to four years in prison. If the amount of marijuana is less than 28.5 grams, the person may be charged with a misdemeanor, which is only punishable by a fine of $100.

Marijuana Paraphernalia

It is illegal to sell or manufacture marijuana paraphernalia, but not to possess it. However, if the police find paraphernalia, they have the right to seize it. Charges stemming from marijuana paraphernalia can result in a civil fine of $200-$300 for a first offense, and up to $5,000-$6,000 for a fifth or subsequent violation (within five years).

Medical Marijuana

Under California Law (it is a still a crime under federal law) people suffering from serious medical illnesses, diseases, and conditions (or their primary caretakers) can purchase, possess, or cultivate marijuana for personal use with the approval a doctor or physician.

Marijuana in a Vehicle

Drivers found with 28.5 grams of marijuana or less in their vehicle may face misdemeanor charges and a $100 fine. Larger amounts of marijuana will result in higher fines, driver’s license suspension, and possibly time in jail or prison.

Contact Los Angeles Marijuana Defense Attorney David D. Diamond to learn how he can protect your rights and defend you against your marijuana drug charges!
Free case evaluations are available.

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Client Testimonies

  • I've seen a lot of attorneys throughout my years, and I have to say you're one of the best I've seen.

    “I've seen a lot of attorneys throughout my years, and I have to say you're one of the best I've seen. I thought you were organized, you were prepared, you had great arguments, you had a great composure with this jury. Your legal research was spot on.”

    - Los Angeles Superior Court Judge, Compton Branch, Robbery-Gang Trial
  • Thank you so much for all of your help!

    “Thank you so much for all of your help! I hope none of our family has to go through an appeal, but if they do, with great confidence, I would be happy to recommend you! Thank you again!”

    - C.M.
  • I would like to thank you for your professionalism, dedication and favorable results in my case.

    “I would like to thank you for your professionalism, dedication and favorable results in my case. I appreciate knowing and being able to count on your firm. If I ever need your services in another case, I will not hesitate to call you.”

    - E. S.
  • I am sure glad that I had David Diamond on my side.

    “As a peace officer, I never imagined that someone would attempt to serve me with a restraining order, but I am sure glad that I had David Diamond on my side. I cannot thank you enough, David. I would recommend the services of David Diamond to everyone.”

    - A.P.
  • Dave proved to be not only very competent but also very aggressive on my behalf.

    “Great Job, Dave! You will always be my first call... But in fairness, I hope I will never need your services again.”

    - Rob P.

Real Results

  • Not Guilty Verdict CA v J.R.
  • Dismissed CA v A.C.
  • Argued Successfully CA v C.V.
  • Motion to Suppress the Stop and Search GRANTED CA v C.M.
  • New Trial Ordered CA v. M.E.
  • Motion to Suppress Evidence, Case Dismissed CA v. M.G
  • Hung Jury One Count Carjacking, Gang Enhancement
  • Reduced to Seven Years Client Facing 3rd Strike (Life in Jail)
  • Reduced to Public Intoxication DUI
  • Reduced to Exhibition of Speed DUI