near me
California Health And Safety Code 11362.1 HS


Los Angeles Criminal Defense LawyerCalifornia Health and Safety Code 11362.1, also known as the Compassionate Use Act, was enacted in 1996 to legalize the use of medical cannabis in California. This law permits the use of cannabis for medical purposes by patients who have received a recommendation from a licensed physician.

This code section, amended by Proposition 64 in 2016 and further modified in 2017, outlines specific allowances and legal protections for individuals 21 years of age or older concerning the possession, use, and cultivation of cannabis. This code is part of the broader framework that governs the use, possession, and cultivation of marijuana in the state, particularly after the passage of Proposition 64, also known as the Adult Use of Marijuana Act (AUMA), in 2016.

The law provides some protection to individuals who use cannabis for medical purposes, but it is important to understand the specifics of the law in order to avoid any legal troubles.

What is allowed under California Health and Safety Code 11362.1?

Under California Health and Safety Code 11362.1, individuals who have received a physician’s recommendation for the use of medical cannabis are allowed to:

  • Possess and use medical cannabis: Adults are allowed to possess up to 28.5 grams of marijuana and up to 8 grams of concentrated cannabis.
  • Cultivate medical cannabis in limited quantities: Individuals are permitted to grow up to six marijuana plants per residence, subject to certain restrictions.
  • Obtain or purchase medical cannabis from a licensed dispensary.
  • Register with the California Department of Public Health as a qualified patient (optional but recommended).

What are the limitations under California Health and Safety Code 11362.1?

While California Health and Safety Code 11362.1 permits the use of medical cannabis, it is important to understand the limitations of the law to avoid any legal repercussions. Some of the key limitations include:

  • The law does not permit the use of medical cannabis in public places.
  • The law prohibits driving while under the influence of medical cannabis, just like alcohol.
  • The law does not permit the sale or distribution of medical cannabis for profit.
  • The law limits the amount of medical cannabis that patients and caregivers can possess or cultivate.

It is important to note that the limitations and requirements of California Health and Safety Code 11362.1 can vary based on the specific city or county where you reside. Moreover, the sale and distribution of marijuana without proper licensing are still illegal. Therefore, it is important to stay up to date on any local regulations that may be in place.

Medicinal Cannabis Provisions

  • Standard Possession Limits: A qualified patient or caregiver can possess up to eight ounces of dried cannabis and cultivate up to six mature or 12 immature plants per patient.
  • Physician’s Recommendation: If a physician recommends, patients or caregivers may possess amounts exceeding these limits.
  • Local Guidelines: Counties and cities may set guidelines allowing for possession amounts exceeding state limits.

What are the Penalties of violating California Health and Safety Code 11362.1?

Violating California Health and Safety Code 11362.1 can result in both criminal and civil penalties. Individuals who violate the law may face fines, jail time, and restrictions on their ability to use medical cannabis in the future.


However, other factors such as possession of large quantities of cannabis or involvement in illegal distribution may result in more severe penalties, including criminal charges, fines, and potentially imprisonment.

Common defenses for California Health and Safety Code 11362.1

Common defenses against charges related to California Health and Safety Code 11362.1 may include:

  • Valid medical cannabis recommendation: Providing evidence of a valid and current recommendation from a licensed physician.
  • Compliance with the law: Demonstrating that the defendant adhered to the requirements and limitations outlined in California Health and Safety Code 11362.1.
  • Lack of evidence: Challenging the prosecution’s evidence related to possession, cultivation, or use of medical cannabis.

Immigration Consequences

A conviction under California Health and Safety Code 11362.1 can have immigration consequences, especially for non-U.S. citizens. Depending on the circumstances, it could potentially impact visa applications, immigration status, or even lead to deportation proceedings. Please contact an immigration lawyer for further guidance on immigration consequences of a 11362.1 conviction.

Compliance with Federal Requirements

This section is designed to align with federal law, specifically subsection (f) of Section 863 of Title 21 of the United States Code. This alignment authorizes, under state law, the manufacture, possession, or distribution of cannabis accessories for those in compliance with Section 11362.1.

Speak With Criminal Defense Lawyer From Tabibnia Law Firm

In conclusion, California Health and Safety Code 11362.1 provides individuals with access to medical cannabis for treatment purposes. However, it is important to understand the limitations of the law and comply with all regulations to avoid any legal repercussions. While 11362.1 decriminalizes possession and cultivation within certain limits, possessing, selling, or cultivating marijuana beyond these limits remains illegal under other sections of the Health and Safety Code, such as sections 11357, 11358, 11359, and 11360. Working with an experienced attorney can help ensure that you comply with all legal requirements and protect your rights under California Health and Safety Code 11362.1.


If you or someone you know is currently serving a sentence for a cannabis-related conviction in California, the process of petitioning for the recall or dismissal of a sentence can be complex. You should seek legal assistance to navigate through it successfully.

Tabibnia Law Firm is a trusted and experienced law firm that specializes in criminal defense and can provide the necessary guidance and support throughout the petitioning process. The top rated attorney Mr. Cyrus Tabibnia is knowledgeable about California Health & Safety Code § 11361.8 and can help determine your eligibility and guide you through the steps to achieve the best possible outcome.

Don’t hesitate to reach out to Tabibnia Law Firm at 866-713-2159 today for a consultation and get the legal help you need to explore your options under this section of the law. Remember, time is of the essence, so take the first step towards a brighter future now by contacting Tabibnia Law Firm.

Please note that this blog post is for informational purposes only and does not constitute legal advice. Individuals seeking assistance should consult with qualified legal professionals.

Cyrus S Tabibnia

Cyrus S Tabibnia

The Tabibnia Law Firm retains years of experience successfully representing individuals charged with misdemeanor and felony crimes,Theft Crimes, Crime Against Children, Driving Crimes, Rape Crimes, driving under the influence (DUIs), domestic violence cases, drug possession cases, state and federal crimes, white color crimes, driving on a suspended license offenses, violent crimes, sex crimes, Forgery and all other criminal defense cases throughout Los Angeles, Orange County, San Fernando Valley, Ventura County and Riverside County. Call for a consultation today: 866-713-2159

    Get A Case Review Today

    Please prove you are human by selecting the car.

    EXCELLENT rating
    Based on 33 reviews
    My family had an urgent matter late on a Friday night. Cyrus took our call at 10p, listened to our situation, and answered all our questions. He was thorough in his explanations and addressed our concerns. What we appreciated the most was that he was not pushy and walked us through different approaches for our situation. We have not needed legal representation yet, but with Cyrus’ flexibility, transparency, and straight forwardness, we would highly recommend him.
    14 December 2023
    I had a DUI charge where I was having difficulties having an attorney give me the time of day to hear me about my case. I called different places and finally found Cyrus Tabibnia Law Firm a criminal Defense Attorney. I called him and he promptly returned my call. He sat down with me and listened to me, he understood my situation and gave me the peace of mind that lifted the stress I was going threw off my shoulders. He took control and walked me through everything. He explained the process of what to expect and what to do. Whenever I needed to talk to Cyrus, he made himself available to me. I was happy with the outcome of my case and would definitely recommend anyone to give Cyrus Tabibnia a call if they need a dependable criminal attorney to represent them.
    E T
    E T
    19 November 2023
    I have appreciated working professionally with Mr. Cyrus Tabibnia and his law firm on various cases that will assist his clients.
    Roxanna Rahban
    Roxanna Rahban
    14 November 2023
    Excellent Attorneys AND Customer service. They were patient, kind, and incredibly clear in their communications regarding my case and followed up promptly at each step of the process. I felt seen, heard and valued as a client and highly recommend this firm to anyone who is looking for kindness, professionalism and great results.
    Alexandra Sophia Marsalis
    Alexandra Sophia Marsalis
    14 November 2023
    Dedicated Attorney I have had the privilege of knowing attorney Cyrus Tabibnia since 2010, when he used to be a dedicated Board member at our local Bar Association in Los Angeles. He has always been respected by his colleagues for his legal contribution to the members of the Bar Association. While interacting with him professionally, I have found him to be a man of integrity, a competent counsel and zealous advocate for his clients in a variety of civil and criminal cases. Despite his busy professional schedule, Cyrus adheres to his family values and keeps his precious friendship with the rest of us. I am honored to call Cyrus a colleague and endorse him for the services that he offers to the public.
    Zaher Fallahi
    Zaher Fallahi
    14 November 2023
    I consulted Cyrus Tabibnia on a civil legal matter / tenant matter and he provided very helpful legal guidance. He's quite knowledgeable and experienced, as well as professional and genuinely concerned. I highly recommend Tabibnia law firm.
    shay khan
    shay khan
    28 September 2023
    Let’s be real needing a Criminal Defense Attorney is always unexpected and stressful. If the unexpected happens call Cyrus, he is extremely knowledgeable and professional. Grateful we had Cyrus on as a defense Attorney!
    Isaac Lopez
    Isaac Lopez
    18 September 2023
    Several years ago, I was contending with a serious legal issue. Out of the blue, I became aware that a corporation had obtained a large civil money judgment against me, in court, and on a case I was not aware of. When I became apprised of the judgment and the company's efforts to enforce the debt against me, I became angry and concerned. How would this case and judgment affect my financial future? Was there any way to fix this? I approached several other attorneys for assistance, but they all said the same thing: that because the judgment was over a year old (almost 2 years old, actually) it would be extremely difficult, if not impossible, to remove the judgment and to re-open the case. Given what other attorneys had told me about my case, I was not hopeful. But I decided to turn to and hire the Tabibnia Law Firm because I was aware of their strong reputation in both civil law matters and criminal defense cases. Mr. Tabibnia went out of his way to fight for me. To my great surprise, he convinced the court to set aside the judgment against me and to re-open the case. And months after getting the case re-opened, I was astonished when he then got the case completely dismissed! So, I went from having a large money judgment against me to getting the judgment removed and case dismissed in a matter of months. Throughout the process, I found Mr. Tabibnia to be honest, aggressive, competent and extremely fair with his fees. Most importantly, he kept me informed throughout the case. I cannot recommend the Tabibnia Law Firm highly enough.
    Arian T
    Arian T
    27 August 2023
    Hello Mr. Attorney Shahruz Tabibnia. I Wanna To Say All People..!! Mr. Attorney Shahruz Tabibnia Is Amazing Profecianal Attorney With High Knowledge.!! Mr. Shahruz Tabibnia Is Very Honest And Espricual Attorney.!! I Had Very Hard Case In The Court But Mr. Shahruz Tabibnia With His Knowledge And His High Experience Helped Me To Become Winner My Case In The Court.!! I'm Really Appriciated Mr. Shahruz Tabibnia. Thank You For Help Me To Winner My Case.!! I Look Forward To Work With You . Best Regards. Mike P.
    Mike Panadar
    Mike Panadar
    24 July 2023
    I had the pleasure of working with the Cyrus at Tabibnia Law on my case and I could not have been more pleased with the results. From the start, he gave my case the time and attention it deserved and showed a deep understanding and knowledge of the law. He provided clear guidance through the entire process and was always available to answer questions and provide legal advice. He really went the extra mile to make sure I got the best possible outcome and was extremely understanding and patient, always taking the time to explain the details and nuances of the law to me. I am very grateful for his expertise and the care they took in my case and it was definitely worth every penny. I highly recommend his services and would not hesitate to use him again in the future. Tabibnia Law is truly a top-notch law firm and I am so thankful to have worked with them.
    F V
    F V
    15 March 2023

    Recent Posts

    Practice Areas

    Locations We Serve