Cal Health & Saf Code § 11360
(2004)
§ 11360. 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 by imprisonment in the state
prison for a period of two, three or four years.
(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 a misdemeanor 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 written
promise to appear in court, as provided in Section
853.6 of the Penal Code, and shall not be subjected to booking.