§ 11553 Cannabis Use Not Sufficient

Health and Safety Code·California

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Key Takeaways

•Just using or being suspected of using cannabis is not enough to punish someone under certain laws.
•Judges can still punish someone if they think the person uses other drugs, not just cannabis.

Example

A person is pulled over by the police and they smell like cannabis.

The police cannot punish them just because of the cannabis smell. But if the police find other drugs, like cocaine, then the judge can decide to punish them.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 11553 Cannabis Use Not Sufficient

The fact that a person is or has been, or is suspected of being, a user of cannabis is not alone sufficient grounds upon which to invoke Section 11551 or 11552. This section shall not be construed to limit the discretion of a judge to invoke Section 11551 or 11552 if the court has reason to believe a person is or has been a user of narcotics or drugs other than cannabis. (Amended by Stats. 2017, Ch. 27, Sec. 159. (SB 94) Effective June 27, 2017.)

Last verified: January 23, 2026

Key Terms

cannabis narcotics Section 11551 Section 11552

References

Official text at leginfo.legislature.ca.gov
California Legislature. Health and Safety Code. Section 11553.

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Key Takeaways

Example

Key Terms

Related Statutes

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