Unlawful Transportation, Importation, Sale, or Gift.
(a)
Except as otherwise provided by this section or as authorized by law, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any marijuana shall be punished as follows:
(1)
Persons under the age of 18 years shall be punished in the same manner as provided in paragraph (1) of subdivision (b) of Section 11357.
(2)
Persons 18 years of age or over shall be punished by imprisonment in a county jail for a
period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment.
(3)
Notwithstanding paragraph (2), a person 18 years of age or over may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of two, three or four years if:
(A)
The person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code;
(B)
The person has two or more prior convictions under paragraph (2);
(C)
The offense involved the knowing sale, attempted sale, or the
knowing offer to sell, furnish, administer or give away marijuana to a person under the age of 18 years; or
(D)
The offense involved the import, offer to import, or attempted import into this state, or the transport for sale, offer to transport for sale, or attempted transport for sale out of this state, of more than 28.5 grams of marijuana or more than four grams of concentrated cannabis.
(b)
Except as authorized by law, every person who gives away, offers to give away, transports, offers to transport, or attempts to transport not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of an infraction and shall be punished by a fine of not more than one hundred dollars ($100). 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, such 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 853.6 of the Penal Code, and shall not be subjected to booking.
(c)
For purposes of this section, “transport” means to transport for sale.
(d)
This section does not preclude or limit prosecution for any aiding and abetting or conspiracy offenses.