near me
Health And Safety Code 11362.3 HS - Marijuana Law California


Los Angeles Criminal Defense LawyerCalifornia Health and Safety Code 11362.3 HS clearly states that using marijuana in public spaces or having an open container of it in a vehicle is against the law. Even though adults can now legally use recreational cannabis, there are still restrictions outlined in this regulation. It is considered an infraction to have an open container or package of cannabis or cannabis products while you’re driving, operating a vehicle, or even sitting in the passenger seat or compartment of a car, boat, aircraft, or any other type of transportation. This rule applies to both the driver and the passengers.

In California, adults aged 21 and older can now lawfully possess up to 28.5 grams of marijuana for their personal use. However, according to California Health & Safety Code 11362.3 HS, individuals are prohibited from engaging in the following seven activities:

  • Consuming Marijuana Publicly: It’s against the law to smoke or ingest marijuana in public places.
  • Non-Smoking Areas: Smoking marijuana is not permitted in areas designated as non-smoking zones.
  • Proximity to Certain Locations: Within a radius of 1,000 feet from schools, day care centers, or youth centers while children are present, smoking marijuana is prohibited.
  • Open Containers in Vehicles: Having an open container of marijuana in a motor vehicle, aircraft, or water vessel is not allowed.
  • School, Day Care, or Youth Center Grounds: Consuming marijuana by smoking or ingesting it on the premises of a school, day care center, or youth center while children are present is prohibited.
  • Concentrated Cannabis Production: Creating concentrated cannabis using volatile solvents is not permitted.
  • Using Marijuana While Operating Vehicles: It is illegal to smoke or ingest marijuana while driving a motor vehicle, aircraft, or water vessel, or while being a passenger in one.

Understanding the elements of the offense, potential penalties, immigration consequences, and available defenses can help individuals make informed decisions and protect their rights within the confines of the law.


To understand and apply California Health and Safety Code 11362.3 HS correctly, it’s crucial to be aware of the key elements that constitute the offense. The elements of the crime may include:

  • Unauthorized Possession: Possession of marijuana in amounts exceeding legal limits or without a valid medical recommendation.
  • Cultivation Violations: Cultivating marijuana plants beyond the permissible limit or without proper authorization.
  • Distribution and Sales: Engaging in the sale or distribution of marijuana without adhering to the state’s regulatory guidelines.
  • Transportation Offenses: Transporting marijuana across state lines, or within the state without complying with state laws.


Example 1: John possesses more marijuana than legally allowed under California law. If the quantity exceeds the legal limit, he could be charged with a marijuana offense under this code.

Example 2: Sarah is cultivating marijuana plants in her backyard without obtaining the required permits. Her actions could lead to charges under the code.

Example 3: Mark is selling marijuana to individuals without verifying their age or complying with the state’s cannabis retail regulations. He could face penalties outlined in the code.


California Health and Safety Code 11362.3 HS intersects with several related crimes, including:



The penalties for violating California Health and Safety Code 11362.3 HS can vary based on the nature and severity of the offense. These penalties may include:

  • Fines: Convictions can lead to substantial fines that can vary based on factors such as the quantity of marijuana involved and the defendant’s criminal history.
  • Probation: In certain cases, probation may be granted instead of jail time, requiring the defendant to adhere to specific conditions.
  • Jail Time: Depending on the offense, individuals could face imprisonment. The length of the sentence depends on the specific circumstances and the judge’s discretion.


It’s important to note that marijuana-related offenses can have significant implications for non-U.S. citizens, including lawful permanent residents and visa holders. Even though California has legalized marijuana, federal immigration law considers marijuana offenses as grounds for deportation, denial of admission, or other immigration-related consequences. Our firm can refer you to an excellent immigration attorney, if necessary.


When facing charges under California Health and Safety Code 11362.3 HS, several defenses can be explored, such as:

  • Medical Necessity: If an individual possesses or uses marijuana for medical reasons and has a valid recommendation, this can serve as a defense.
  • Lack of Knowledge: Claiming ignorance of the law or lack of awareness about the marijuana’s presence can sometimes be used as a defense.
  • Invalid Search and Seizure: If evidence was obtained unlawfully or without a proper warrant, it may be challenged in court.


Given the complexities of the legal system and the potential consequences of marijuana offenses under California Health and Safety Code 11362.3 HS, it’s highly advisable to seek legal representation. A skilled criminal defense lawyer with expertise in cannabis law can provide invaluable assistance in understanding the charges, building a strong defense, and navigating the legal process. Understand the drug offender registry in California if you have been convicted of certain drug offenses.


If you have been arrested on marijuana-related charges, consult with an experienced Los Angeles drug crime defense attorney from Tabibnia Law Firm. Cyrus Tabibnia will conduct a thorough investigation of the circumstances surrounding your case and determine whether your arrest was conducted on dubious grounds or was in violation of your rights. To learn more about what our firm can do for you, please call 866-713-2159 for a comprehensive consultation.

Tabibnia Law Firm is serving its clients throughout Southern California including Santa Monica, Los Angeles, Orange County, Beverly Hills, San Fernando Valley, Ventura county, Riverside County, Sherman Oaks, Encino, Pasadena, Burbank, Glendale, Long Beach, Palmdale, Santa Clarita, Monterey Park, La Puente, Van Nuys, Pomona, Manhattan Beach, West Covina, Whittier, Downey, Woodland Hills, Norwalk, Torrance, Redondo Beach, San Bernardino, Walnut Creek, Inglewood, Lancaster, Westlake Village and nearby areas.

Cyrus Tabibnia

Cyrus Tabibnia

Cyrus Tabibnia, also known as Shahrooz Tabibnia, is a criminal defense lawyer in Los Angeles, California. With a law degree from Loyola Law School, Los Angeles, he has been practicing law since 2005 and holds license #237348. With over 18 years of experience, Cyrus specializes in various misdemeanor and felony criminal Law including Domestic Violence, Theft Crime, Sex crime, DUI & DWI, Personal Injury, Employment Law, and Cannabis & Marijuana Drugs Law. Being bilingual in English, Persian, and Spanish enables him to effectively communicate with a diverse range of clients. From 2014 to 2018, he served as a board member of the Iranian American Bar Association. An expungement attorney in Los Angeles who can assist you in clearing your criminal record in the state of California.

    Get A Case Review Today

    Please prove you are human by selecting the heart.

    EXCELLENT rating
    Based on 49 reviews
    Great firm, very professional and and efficient. We are so happy with our results and we are blessed to find such confident, intelligent and experienced law firm. He really takes time to understand your needs and advocate for his clients. He was present & insightful. I appreciated how available he was to speaks to us, and how much care he put to ensure that we were treated with the outmost care and compassion. He works from a place of trust and integrity and is clearly well versed in his skills and expertise. Tabibnia law is a valuable law firm and we are so happy that we had the opportunity to work with them and we highly recommending them, as you will be in great hands.
    14 July 2024
    I was lucky enough to have the help of cyrus at tabitha law firm and couldnt be more satisfied with help received! I would 100% recommend there service
    10 July 2024
    Cyrus was an excellent lawyer to have by my side. He put fighting for my safety as his priority. Extremely well spoken and experienced. I’m very glad that I chose him as my lawyer!
    1 July 2024
    It was a very difficult tiring time for my family and I was and very lucky to have found Cyrus after researching the internet thoroughly for a criminal lawyer that will save us. It was more than a year long process. Cyrus was there for us each step of the way. He was a positive force in our life. I was very anxious and had so many questions, Cyrus was always patient, supporting and professional. He is very smart, knows the process real well and warm. It was never about the money. I could feel that he really wanted to be there for us and that he is really there to help us win the case. He won the case for us! If you are looking for a smart, patient, genuine and warm lawyer, you should go for him. In your stage of life wherein you’re looking for a criminal lawyer, you would need someone like Cyrus to be next to you and fighting for you! Cyrus May you be blessed more so you can touch more people’s lives like you did ours!
    29 May 2024
    It was a very difficult case, they want to sue us fo 2 million and this law firm got us out with a very low, low, settlement. Thank you soon much.
    18 May 2024
    I had an excellent experience with Cyrus Tabibnia during a very challenging time. He was not only knowledgeable and professional, but also incredibly compassionate and understanding. Thanks to his expertise and diligent work, we reached a favorable outcome. I highly recommend him.
    16 May 2024
    Attorney Cyrus Tabninia is very professional, compassionate and always follows through. He was able to help me out tremendously and you’ll definitely want him in court fighting for you. Give Cyrus a call!!!
    1 May 2024
    I would like to sincerely thank my attorney Cyrus Tabibnia and the Tabibnia Law firm for everything you have done for me and my family. Highly satisfied customers and excellent service is what you want when you hire an attorney. I was always treated with respect, if I needed anything or had any questions or concerns Mr. Tabibna was always available. I give a five-star rating as one of his clients and would honestly give a ten-star review if I could, because he is an awesome attorney worth every penny. I would highly recommend to anybody looking for a criminal defense attorney that Cyrus Tabibnia and his law firm be the one you consider
    2 April 2024
    Thank you for being so generous with your time and expertise and providing a legal consult! We really appreciate it
    6 February 2024

    Recent Posts

    Practice Areas

    Locations We Serve