Yes, if the product contains a synthetic cannabinoid compound as California law defines it. Health and Safety Code section 11357.5 punishes using, possessing, selling, and giving away these compounds, with no exception for adults and no minimum amount. A first offense for use or possession is an infraction, and selling is a misdemeanor.
A different law from cannabis
Section 11357.5 sits in the cannabis article of the Health and Safety Code, but it is a separate offense with its own elements and penalties. The adult-use law that Proposition 64 added, Health and Safety Code section 11362.1, lets adults 21 and older possess limited amounts of cannabis and cannabis products. Section 11357.5 has no age limit and no amount below which use or possession is lawful, so the adult-use limits described on the firm’s marijuana charges and marijuana pages are not the test for these products.
The statute turns on what a product contains. A label such as “herbal incense” or “not for human consumption” does not change what is in it.
Penalties
| Conduct under section 11357.5 | Offense level | Maximum punishment |
|---|---|---|
| Selling, distributing, giving away, offering to sell, or possessing for sale | Misdemeanor | Jail up to 6 months, fine up to $1,000, or both |
| First offense of use or possession | Infraction | Fine up to $250 |
| Second offense of use or possession | Infraction or misdemeanor | Infraction: fine up to $250. Misdemeanor: jail up to 6 months, fine up to $500, or both |
| Third or later offense of use or possession | Misdemeanor | Jail up to 6 months, fine up to $1,000, or both |
Because the penalty for use or possession depends on how many prior offenses you have under this section, the count matters from the start.
Why a new chemical name does not help
The statute defines “synthetic cannabinoid compound” mainly by chemical family rather than by brand name. It lists more than a dozen structural classes with named examples, and it covers “an analog of any of the following substances” (section 11357.5(c)). The list ends with a catch-all for any “synthetic cannabinoid” as defined in Business and Professions Code section 26001, which covers cannabinoids made by chemical synthesis, conversion, or a similar process, including THC produced by converting CBD (section 26001(bf)).
So a product with an unfamiliar chemical name on the package is not outside the statute for that reason alone. The statute does exclude drugs with an approved federal new drug application and substances generally recognized as safe and effective under federal drug law (section 11357.5(e)).
What to do next
- Do not assume a synthetic cannabinoid case will be handled like a cannabis case. The statute, the penalties, and the defenses are different.
- Keep the product’s packaging and any lab analysis. What the product actually contained, and whether it matches the statute’s definitions, can be a real, fact-specific issue.
- Confirm early whether the charge is treated as a first, second, or third offense under this section.
To discuss a synthetic cannabinoid, K2, or Spice citation or charge, reach the Law Offices of David S. Chesley by phone: (800) 755-5174.