Legal Question in Traffic Law in California

Re: possession of marijuana

This section provides that for the first offense the fine is $100. However when the penalty assessment and other fines are added the total due is about $300. The code section is set forth below.

(b) Except as authorized by law, every person who possesses, while

driving a motor vehicle upon a highway or on lands, as described in

subdivision (b) of Section 23220, not more than one avoirdupois ounce

of marijuana, other than concentrated cannabis as defined by Section

11006.5 of the Health and Safety Code, is guilty of a misdemeanor

and shall be punished by a fine of not more than one hundred dollars

($100). Notwithstanding any other provision of law, if the person

has been previously convicted three or more times of an offense

described in this subdivision during the two-year period immediately

preceding the date of commission of the violation to be charged, the

previous convictions shall also be charged in the accusatory pleading

and, if found to be true by the jury upon a jury trial or by the

court upon a court trial or if admitted by the person, Sections

1000.1 and 1000.2 of the Penal Code are applicable to the person, and

the court shall divert and refer the person for education,

treatment, or rehabilitation, without a court hearing or

determination or the concurrence of the district attorney, to an

appropriate community program which will accept the person. If the

person is so diverted and referred, the person is not subject to the

fine specified in this subdivision. In any case in which a person is

arrested for a violation of this subdivision and does not demand to

be taken before a magistrate, the person shall be released by the

arresting officer upon presentation of satisfactory evidence of

identity and giving his or her written promise to appear in court, as

provided in Section 40500, and shall not be subjected to booking.