New Crimes

Health and Safety Code section 11362.2


HSC11362.2(a)


A person may personally cultivate marijuana as long as the living plants and marijuana in excess of 28.5 grams are kept within the private residence, or if not in the residence, on the grounds, are in a locked space, and not visible by the public. Only up to six plants may be cultivated. Violating this is an infraction, punishable by a base fine of $250, total fine of around $1100.

However, a person under the age of 18 shall be punished for first offense, as an infraction, with eight hours of drug education or counseling and up to 40 hours of community service over a period not to exceed 90 days, and for second offense, as an infraction, with 10 hours of drug education or counseling and up to 60 hours of community service over a period not to exceed 120 days.

Health and Safety Code section 11362.3


HSC11362.3(a)(1)


Smoking or ingesting marijuana or marijuana products in any public place is an infraction, punishable by a base fine of $100. Total fine would probably be around $500.

HSC11362.3(a)(2)


Smoking marijuana or marijuana products in a location where smoking tobacco is prohibited, is an infraction punishable by a base fine of $250. Total fine would probably be around $1,100.

HSC11362.3(a)(3)


Smoking marijuana or marijuana products within 1,000 feet of a school, day care center, or youth center while children are present, is an infraction punishable by a base fine of $250. Total fine would probably be around $1,100. However, smoking in a private residence or per BPC26200 or BPC Div 8, Ch 3.5, is permitted, if people at the school, day care center, or youth center can't detect the smoking.

HSC11362.3(a)(4)


Possessing an open container or open package of marijuana or marijuana products while driving, operating, or riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation, is an infraction punishable by a base fine of $250. Total fine would probably be around $1,100.

HSC11362.3(a)(5)


Possessing, smoking or ingesting marijuana or marijuana products in or upon the grounds of a school, day care center, or youth center while children are present, is punishable as follows:

Over age 18, <28.5g of marijuana or <4g of concentrated cannabis
For first offense, as a misdemeanor with a base fine of $250, total fine of around $1,100. For second or subsequent offense, as a misdemeanor with 10 days or less in jail, or base fine of $500, or both.

Under age 18, <28.5g of marijuana or <4g of concentrated cannabis

For first offense, as an infraction, with eight hours of drug education or counseling and up to 40 hours of community service over a period not to exceed 90 days. For second offense, as an infraction, with 10 hours of drug education or counseling and up to 60 hours of community service over a period not to exceed 120 days.

HSC11362.3(a)(6)


Manufacturing concentrated cannabis using a volatile solvent, is a 3-5-7 PC1170(h) sentence and a fine of up to $50,000. I am unsure how this differs from HSC11379.6.