After Proposition 64, an adult 21 or older may lawfully possess up to 28.5 grams of cannabis. Health & Safety Code 11357 now reaches only specific situations.
Most of what it once covered is simply legal — which is why these charges are often overcharged.
What's Legal Now
Under Prop 64, adults 21 and older can possess up to 28.5 grams of cannabis (and up to 8 grams of concentrate) for personal use without criminal penalty. That legalization is the backdrop for every HS 11357 case.
What HS 11357 Still Reaches
The statute still applies to: possession by a person 18 to 20 (an infraction, $100 fine); possession of more than 28.5 grams by an adult (a misdemeanor, up to 6 months / $500); and possession at a school during hours (a misdemeanor). Possession under 18 is handled as an infraction with drug counseling.
Defenses
Because so much is now legal, the defense often starts by showing the conduct was lawful possession — a legal amount, a legal age, a legal place. Beyond that: an unlawful search (a suppression motion), no knowing possession, and judicial diversion (PC 1001.95) for an eligible misdemeanor. A charge that should be an infraction can often be kept there or dismissed.
Frequently Asked Questions
Is cannabis possession legal in California?
For adults 21 and older, possessing up to 28.5 grams of cannabis is legal under Proposition 64. HS 11357 now reaches only specific situations, such as possession by someone 18 to 20 (an infraction), more than 28.5 grams (a misdemeanor), or possession at a school.
Is it a crime to have cannabis if you are under 21?
For a person 18 to 20, possessing even a legal amount of cannabis is an infraction under HS 11357, punishable by a $100 fine. Possession by someone under 18 is handled as an infraction with drug counseling and community service.
What is the penalty for having more than an ounce of cannabis?
Possessing more than 28.5 grams of cannabis as an adult is a misdemeanor under HS 11357, punishable by up to six months in county jail and/or a $500 fine.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Most cannabis possession is legal now — so an HS 11357 charge is often overcharged. Tell me what happened and I'll tell you where it's soft.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com