Legal Question in Criminal Law in California

It depends on how the case is charged.

Possession of more than an ounce is a misdemeanor with a maximum sentence of six months in jail. Health & Safety Code �11357(c). A first time offender would be eligible for diversion under Penal Code �1000; if you stay out of trouble for 18 months and do a drug eduction class, you could stay out of jail AND avoid a conviction.

Possession for sale, H&S 11358, is a felony with a maximum sentence of three years in prison. Transportation of marijuana is also a felony, with a maximum sentence of four years. H&S 11360. If charged with these offenses, you wouldn't be eligible for diversion.

You need an attorney to help you explore your options. If you can't afford to hire an attorney, ask the judge to appoint the public defender when you go to court for the first time.