California is one of the most lenient in regaurds to marijuana these are most of the laws pertaining to use and abuse
- Possession with intent to sell any amount of marijuana is a felony under Health and Safety Code 11359. Police often charge intent to sell if they see such indicia as: scales, cash, multiple packages, "commercial" packaging materials, "excessive" quantity, pay-owe seets, address books, pagers, etc.
- Cultivation of any amount of marijuana is a felony under Health and Safety Code 11358. People who grow for personal use are eligible for diversion under Penal Code 1000 so long as there is no evidence of intent to sell. There are no fixed plant number limits to personal use cultivation.
- Medical marijuana: Medical patients and their designated primary caregivers may legally possess and cultivate (but not distribute or sell) marijuana under Health and Safety Code 11362.5 (Prop 215) if they have a physician's recommendation or approval. State law SB420, now codified as California Health & Safety code sections 11362.7-11362.83, set a state threshold of 6 mature OR 12 immature plants per patient, allowing locals to pass higher allowances (many have).
- Driving under the influence: It is unlawful to drive while under the influence of marijuana (or alcohol or any other drug) by Vehicle Code 23152. "Under the influence" is not specifically defined in the statute, but is interpreted to imply some degree of impairment. Therefore the mere fact of having taken a toke of marijuana does not necessarily mean one is DUI. For evidence of impairment, officers may administer a field sobriety test. Arrestees may also be required to submit to their choice of a urine or blood test under Vehicle Code 23612. Since marijuana is detectable for much longer periods in urine than in blood (several days vs. several hours), a positive urine test constitutes much weaker proof of recent use and impairment than a positive blood test. If you haven't smoked marijuana recently and are not under the influence, you are better off to choose a blood test, since you will probably pass it. However, if you are a chronic smoker or have smoked recently, you are better off to choose a urine test; even though you can expect to test positive, the question will at least remain open as to whether you were actually "under the influence" at time of arrest.
