Cannabis Arrests in California After Proposition 64

Since Proposition 64 (2016), adults 21 and over may lawfully possess and use cannabis within set limits. Families are therefore often surprised when someone is arrested over it. The arrests that still happen almost always fall into a handful of categories — and several of them never involve bail at all.

What is lawful

Under Health and Safety Code 11362.1, an adult 21 or over may generally possess up to 28.5 grams of cannabis and up to 8 grams of concentrate, and may grow up to six plants at a private residence subject to local rules.

What still leads to arrest

What it means for bail

Most of these are misdemeanours now, and a misdemeanour normally defaults to release on a notice to appear under Penal Code 853.6 — see cite and release. Where a cannabis arrest does produce a real bail figure, it is usually because of what came with it: another controlled substance, a weapon allegation (enhancements), a large-scale operation, or a warrant found at booking.

Federal law is separate

Cannabis remains controlled under federal law, and federal charges are an entirely different system. American Freedom Bail Bonds handles California state bail only.

Working out the amount, and what can change it

The figure comes from the countywide schedule that Penal Code 1269b requires each county’s judges to adopt and revise annually — which is why Orange and Los Angeles County can attach different numbers to identical conduct. A judge may raise bail under Penal Code 1269c, a hearing may be required in serious cases under 1270.1, and under In re Humphrey (2021) 11 Cal.5th 135 a court must consider ability to pay before setting money bail that results in detention.

Where they are, and where the case is heard

Which facility is holding the person decides how much time you actually have — a Temporary Holding facility must move someone within 24 hours, while a Type I city jail may hold an adult up to 96 hours excluding holidays. See what the classifications mean, our Orange County and Los Angeles County jail guides, and find an inmate. Neither county’s Superior Court publishes a city-by-city criminal assignment table, so the release paperwork governs the court date — see release paperwork.

Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.

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Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing on this page is legal advice, and we cannot predict how any case will be charged or resolved. Charging decisions are made by the prosecutor, and bail schedules are revised annually. California bail license 1841014.