The use of marijuana in schools is a concern.
Possession of marijuana in public schools leads to a number of questions. On one hand, many parents want to keep their children safe from the temptation to use marijuana, but many casual or legal users want to smoke marijuana without concern for unexpected problems with the law. Below is a general overview of California's laws regarding the possession, use and sale of marijuana on school property during active hours.
Possession of Marijuana in School
California law does place stiffer penalties on the use of marijuana at a school.
California law does place special penalties on possession of marijuana "in school grounds, going to or coming from school, during lunch period both on or off the campus and during, going to or coming from, a school sponsored activity." Anyone in possession of less than 28.5 grams of marijuana but not in any of the situations above faces nothing worse than a $100 fine, but even a minor can face a fine of up to $250 for a first offense and one of up to $500 as well as a 10 day detention in "a juvenile hall, ranch, camp, forestry camp or secure juvenile home" for any thereafter for possession of marijuana under any of those conditions. Worse, anyone 18 or older in possession of 28.5 grams of marijuana or less in any of these conditions may face a fine of up to $500, face up to 10 days in actual jail or both.
Concentrated Cannabis
California law differentiates between marijuana itself and the refined resins of the plant.
California law also places stiffer penalties on the possession of marijuana resins than on possession of marijuana itself. Anyone in possession of such "concentrated cannabis" may face both a $500 and a year in jail regardless of location, though California law does not seem to place further penalties on the possession of this substance on school grounds. Of course, many people consider these resins to be simply another form of marijuana, and so the legal difference may be important.
Selling Marijuana on School Grounds
Selling marijuana to minors carries a stiffer penalty than selling it to adults.
California law does not seem to specify stiffer penalties for selling marijuana on school grounds, but it does set stiffer penalties for selling marijuana to minors. Anyone selling 28.5 grams of marijuana or less to a non-minor faces only a $100 fine, and anyone selling more than that amount to a non-minor faces a sentence of two, three or four years in state prison. However, anyone selling or attempting to sell any amount of marijuana to a minor over 14 faces a sentence of three, four or five years in state prison, and furnishing or administering any amount of marijuana to a minor under 14 can result in a sentence of three, five or seven years in state prison. Hiring a minor to transport, sell or cultivate marijuana can also result in a three, five or seven year sentence.
On Medical Marijuana
The medical use of marijuana grants a limited immunity from prosecution to qualified patients and their caregivers.
The Compassionate Usage act does permit qualified patients to use marijuana and lets both those patients and their qualified caregivers legally purchase, possess and transport marijuana without prosecution. However, the California Department of Justice has issued guidelines for the use of medical marijuana, and these guidelines do prohibit the use of marijuana at or within 1,000 feet of a school, recreation center or youth center unless within a home.
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