4-06/003.00 - Cannabis - PARS Public Viewer

CLASSIFICATION

Crime or Incident

FORM NUMBER

FILE NUMBER

PRIORITY

ASSIGNMENT

AND

ACTION

ADDITIONAL INFORMATION

AND STATISTICAL CODES

4-06/003.00
CANNABIS

This section does not cover medical marijuana (cannabis) and/or state or county licensed dispensaries, transportation, and cultivation of cannabis.

Narcotics Bureau shall be notified by phone only if the arrest involves a sizeable amount of cannabis or there are unusual circumstances of the arrest.

If the cannabis violation is an infraction or misdemeanor and there is a citable traffic law violation (infraction) also involved, the individual shall be issued one citation incorporating the traffic law infraction and the cannabis infraction or misdemeanor.

Possession

Possession of 28.5 grams or less of cannabis and/or 8 grams or less of concentrated cannabis

SH-CR-66

SH-CR-607

URN

Patrol

Handling possession of cannabis incidents are based on the person’s age.

21 years of age or older, it is legal to possess 28.5 grams or less of cannabis and/or 8 grams or less of concentrated cannabis.

18 to 20 years of age, possessing 28.5 grams or less of cannabis and/or 8 grams or less of concentrated cannabis:

11357(a)(2) H&S – Infraction

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 189 – Cannabis (Marijuana) Infraction

17 years of age and under, possessing 28.5 grams or less of cannabis and/or 8 grams or less of concentrated cannabis:

11357(a)(1) H&S - Infraction

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 189 – Cannabis (Marijuana) Infraction

Driving/ Vehicles

Driving Under the Influence

SH-CR-66

SH-CR-607

URN

Patrol/Station Traffic

Operating a vehicle while under the influence of cannabis – All ages:

23152(f) VC – Misdemeanor

Operating a vehicle while under the influence of cannabis and alcohol – All ages:

23152(g) VC – Misdemeanor

Codes:

240 – Drunk Driving Alcohol and Marijuana (Cause Injury or Death)

244 – Drunk Driving Alcohol and Marijuana

246 – Drunk Driving Marijuana

Smoking/ Ingesting in Vehicle

SH-CR-66

SH-CR-607

URN

Patrol/Station Traffic

Smoking or ingesting any cannabis or cannabis product while driving a vehicle:

23221(a) VC – Infraction

Smoking or ingesting any cannabis or cannabis product while a passenger in a driven vehicle:

23221(b) VC - Infraction

The cannabis used in the violation shall be seized as evidence and handled per Department evidence procedures.

Code 189 – Cannabis (Marijuana) Infraction

Open Container

SH-CR-66

SH-CR-607

URN

Patrol/Station

Traffic

Cannabis or cannabis products which have been opened or have a seal broken, or loose cannabis flowers not in a container must be on the driver’s person:

23222(b)(1) VC – Infraction

Exceptions:

May be in the trunk of the vehicle. Per 23225(a)(2) VC – if the vehicle does not have a trunk, the container (no loose flowers) shall be kept in some other area of the vehicle that is not normally occupied by the driver or passenger – a utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passenger.
Does not apply to persons with medical marijuana cards and both of the following apply:

Person is carrying a current card or physician’s recommendation, and
The cannabis is in a sealed, resealed, or closed container (no loose flowers).

A person riding in the passenger seat or compartment of a vehicle, boat, vessel, aircraft, or other vehicle used for transportation may not possess an open container or open package of cannabis or cannabis product:

11362.3(a)(4) H&S – Infraction

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 189 – Cannabis (Marijuana) Infraction

Schools/Day Care/Youth Center

Possess, Smoke, or Ingest on School Grounds

SH-CR-66

SH-CR-607

URN

Patrol

18 years of age or older cannot possess, smoke, or ingest cannabis and/or concentrated cannabis on school grounds (kindergarten through 12^th grade) during class hours or a school-related program:

11357(c) H&S – Misdemeanor

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 188 – Cannabis (Marijuana) Misdemeanor

17 years of age or younger to possess, smoke, or ingest cannabis and/or concentrated cannabis on school grounds (kindergarten through 12^th grade) during class hours or a school-related program:

11357(d) H&S – Infraction

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 189 – Cannabis (Marijuana) Infraction

Possess, Smoke, or Ingest on Day Care/Youth Center

SH-CR-66

SH-CR-607

URN

Patrol

18 years of age of older – a person cannot possess, smoke, or ingest cannabis or a cannabis product on the grounds of a day care center or youth center while children are present:

11357(c) – Misdemeanor

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 188 – Cannabis (Marijuana) Misdemeanor

17 years of age or younger to possess, smoke, or ingest cannabis and/or concentrated cannabis on the grounds of a day care center or youth center while children are present:

11357(d) H&S – Infraction

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 189 – Cannabis (Marijuana) Infraction

Within a 1000

Feet of School/Day Care/Youth Center

SH-CR-66

SH-CR-607

URN

Patrol

Smoking cannabis or cannabis products within 1000 feet of a school, day care center, or youth center is an infraction if children are present:

11362.3(a)(3) H&S – Infraction

Exception – a private residence or retailer or microbusiness licensed by a local government and only if such smoking is NOT detectable by others on the grounds of the school, day care center, or youth center while children are present.

The cannabis used for the infraction shall be seized as evidence and handled per Department evidence procedures.

Code 189 – Cannabis (Marijuana) Infraction

Live Plants

Six or less cannabis plants

SH-CR-66

SH-CR-607

URN

Patrol

21 years of age or older

Cultivation, harvest, drying, or processing of cannabis plants are limited to six plants per residence. Must be on residential grounds, in a locked space, and not visible by normal unaided vision from a public place.

Local ordinance may require plants grown indoors at a private residence.

See location’s local ordinances.

Violation of any of the restrictions is an infraction.

11362.2(a) – Infraction

The cannabis involved in the violation shall be seized as evidence and handled per Department evidence procedures.

Code 189 – Cannabis (Marijuana) Infraction

18 through 20 years of age

It is unlawful for a person 18 through 20 years of age to cultivate, harvest, dry or process six or less cannabis plants:

11358(b) H&S – Infraction

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 189 – Cannabis (Marijuana) Infraction

17 years of age or younger

It is unlawful for a person 17 years of age or younger to cultivate, harvest, dry, or process six or less cannabis plants:

11358(a) H&S – Infraction

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 189 – Cannabis (Marijuana)

Infraction

More than six cannabis plants:

Infraction or Misdemeanor:

SH-CR-66

SH-CR-607

URN

Felony:

SH-R-49

URN

Infraction or Misdemeanor: Patrol

Felony: Narcotics Bureau

18 years of age or older

It is unlawful for a person 18 years of age or older to cultivate, harvest, dry, or process more than six cannabis plants:

11358(c) H&S – Misdemeanor

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 188 – Cannabis (Marijuana) Misdemeanor

A person over 18 years of age could be charged with a felony for cultivating, harvesting, drying, or processing more than six cannabis plants if certain conditions exist. See 11358(d) H&S for conditions.

17 years of age or younger

It is unlawful for a person 17 years of age or younger to cultivate, harvest, dry, or process more than six cannabis plants:

11358(a) H&S – Infraction

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 189 – Cannabis (Marijuana) Infraction

Public Places

SH-CR-66

SH-CR-607

URN

Patrol

Smoking or ingesting cannabis or cannabis products in a public place – all ages.

Smoking is defined as to inhale, exhale, burn, or carry any lighted or heated device or pipe, or other lighted or heated cannabis or cannabis product intended for inhalation, whether natural or synthetic, in any manner or in any form. Smoke includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purposes of circumventing the prohibition of smoking in a place.

11362.3(a)(1) – Infraction

The cannabis involved in the violation shall be seized as evidence and handled per Department evidence procedures.

Code 189 – Cannabis (Marijuana) Infraction

Smoke cannabis or cannabis products in a location where smoking tobacco is prohibited. See definition of smoking above.

11362.3(a)(2) – Infraction

The cannabis involved in the violation shall be seized as evidence and handled per Department evidence procedures.

Code 189 – Cannabis (Marijuana) Infraction

Give Away/Sales/ Sells/ Transport

Give Away

(Includes Offer to)

Infraction or Misdemeanor:

SH-CR-66

SH-CR-607

URN

Felony:

SH-R-49

URN

Infraction or Misdemeanor: Patrol

Felony: Narcotics Bureau

It is lawful for a person 21 years of age or older to give away, with no compensation, to a person 21 years of age or older 28.5 grams or less of cannabis (11362.1(a)(1) H&S) and/or 8 grams or less of concentrated cannabis (11362.1(a)(2) H&S).

Any amount of cannabis

A person 18 years or older gives, furnish, or administers (or offers to) to a minor under 14 years of age is a felony:

11361(a) H&S – Felony

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 187 – Cannabis (Marijuana) Felony

A person 18 years of age or older gives, furnishes, or administers (or offers to) to a minor 14 years of age or older is a felony:

11361(b) H&S – Felony

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 187 – Cannabis (Marijuana) Felony

28.5 grams of cannabis or less (does not include concentrated cannabis) – all ages to a person 18 through 20 years of age:

11360(b) H&S - Infraction

1136(b) H&S states that anyone cited with this code shall be issued a citation and not subjected to booking, as long as, they present satisfactory evidence of identification and sign the citation with a promise to appear.

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 189 – Cannabis (Marijuana) Infraction

More than 28.5 grams of cannabis or any amount of concentrated cannabis is based on age:

17 years of age or younger:

11360(a)(1) H&S – Infraction

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 189 – Cannabis (Marijuana) Infraction

18 years of age or older:

11360(a)(2) – Misdemeanor

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 188 – Cannabis (Marijuana) Misdemeanor

Possession for Sales (Includes Offer to)

Infraction or Misdemeanor:

SH-CR-66

SH-CR-607

URN

Felony:

SH-R-49

URN

Infraction or Misdemeanor: Patrol

Felony: Narcotics Bureau

This section does not apply to licensed cannabis dispensaries.

18 years of age or older, it is unlawful to possess cannabis for sale:

11359(b) H&S – Misdemeanor

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 188 – Cannabis (Marijuana) Misdemeanor

With certain criteria, possession for sale may be a felony. See 11359(c) H&S and 11359(d) H&S.

17 years of age and younger, it is unlawful to possess cannabis for sale:

11359(a) H&S – Infraction

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 189 – Cannabis (Marijuana) Infraction

21 years of age or older who possesses cannabis for sale and knowingly hires, employs, or uses a person 20 years of age or younger in unlawfully cultivating, transporting, carrying, selling, offering to sell, give away, preparing for sale or peddling cannabis:

11359(d) – Felony

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 187 – Cannabis (Marijuana) Felony

Narcotics Bureau personnel shall be notified in all situations relating to possession for sale or sale of cannabis where follow-up investigation or the acquisition and service of a search warrant is necessary. Such cases shall be the responsibility of Narcotics Bureau; however, in the event that Narcotics Bureau is unable to pursue the investigation in a timely manner, the reporting station/unit may undertake the required investigative effort after Narcotics Bureau establishes that there are no conflicting investigations under way that may constitute hazards.

If immediate investigation is necessary and the Narcotics Bureau personnel are unavailable, notify Narcotics Bureau headquarters by phone or, after hours, the Sheriff’s Information Bureau (SIB).

In situations where the cannabis sales from a specific area or location become chronic, a memorandum detailing the activity shall be prepared, signed by the unit commander, and submitted through channels to Narcotics Bureau headquarters.

Sale of Cannabis (Includes Offer to)

Infraction or Misdemeanor:

SH-CR-66

SH-CR-607

URN

Felony:

SH-R-49

URN

Infraction or Misdemeanor: Patrol

Felony: Narcotics Bureau

This section does not apply to licensed cannabis dispensaries.

17 years of age or younger:

11360(a)(1) H&S – Infraction

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 189 – Cannabis (Marijuana) Infraction

18 years of age or older:

11360(a)(2) – Misdemeanor

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 188 – Cannabis (Marijuana) Misdemeanor

With certain criteria, the selling of cannabis may be a felony. See 11360(a)(3) H&S.

Transport for Sale (Includes Offer to and Attempt to)

Infraction or Misdemeanor:

SH-CR-66

SH-CR-607

URN

Felony:

SH-R-49

URN

Infraction or Misdemeanor: Patrol

Felony: Narcotics Bureau

For this H&S section, transport means transport for sale.

28.5 grams of cannabis or less (does not include concentrated cannabis) – all ages:

11360(b) H&S - Infraction

11360(b) H&S states that anyone cited with this code shall be issued a citation and not subjected to booking, as long as, they present satisfactory evidence of identification and sign the citation with a promise to appear.

The cannabis involved in the violation shall be seized as evidence and handled per Department evidence procedures.

Code 189 – Cannabis (Marijuana) Infraction

More than 28.5 grams of cannabis or any amount of concentrated cannabis

17 years of age or younger:

11360(a)(1) H&S – Infraction

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 189 – Cannabis (Marijuana) Infraction

18 years of age or older:

11360(a)(2) – Misdemeanor

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 188 – Cannabis (Marijuana) Misdemeanor

With certain criteria, transportation of cannabis may be a felony. See 11360(a)(3) H&S.

Miscellaneous Cannabis Charges

Misdemeanor:

SH-CR-66

SH-CR-607

URN

Felony:

SH-R-49

URN

Misdemeanor: Patrol

Felony: Narcotics Bureau

11361(a) H&S Using a minor to unlawfully transport, carrying, selling, giving away, preparing for sale, or peddling any cannabis or induces a minor to use cannabis:

11361(a) H&S – Felony

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 187 – Cannabis (Marijuana) Felony

11362.3(a)(6) H&S Manufacture of concentrated cannabis using volatile solvent:

11363.3(a)(6) H&S – Felony

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 187 – Cannabis (Marijuana) Felony

11366 H&S Opening or maintain a place for the purpose of unlawful selling, giving away, or using cannabis:

11366 H&S – Felony/Misdemeanor

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 187 – Cannabis (Marijuana) Felony

Code 399 – All Other Misdemeanors

11366.5(a) H&S Owner of property for unlawfully manufacturing, storing, or distributing cannabis:

11366.5(a) H&S – Felony/Misdemeanor

The cannabis shall be seized as evidence and handled per Department evidence procedures.

Code 187 – Cannabis (Marijuana) Felony

Code 399 – All Other Misdemeanors

Synthetic Cannabis

SH-CR-66

SH-CR-607

URN

Patrol

Sells, dispenses, distributes, furnishes, administers, or gives, or offers to sell, dispense, distribute, furnish, administer, or give, or possesses for sale any synthetic cannabinoid compound or any synthetic cannabinoid derivative:

11357.5(a) H&S – Misdemeanor

The synthetic cannabinoid compound or any synthetic cannabinoid derivative shall be seized as evidence and handled per Department evidence procedures.

Code 188 – Cannabis (Marijuana) Misdemeanor

Uses or possesses any synthetic cannabinoid compound or any synthetic cannabinoid derivative:

11357.5(b) H&S – Infraction/ Misdemeanor

1^st and 2^nd offense – Infraction

3^rd or more offense – Misdemeanor

For definition of synthetic cannabinoid compound or any synthetic cannabinoid derivative see 11357.5(c) H&S.

The synthetic cannabinoid compound or any synthetic cannabinoid derivative shall be seized as evidence and handled per Department evidence procedures.

Code 188 – Cannabis (Marijuana) Misdemeanor

Code 189 – Cannabis (Marijuana) Infraction

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