Under which penal code is an arrest made for possessing less than 28.5 grams of marijuana?

The correct answer pertains to California Health and Safety Code Section 11357(b), which specifically addresses the possession of less than 28.5 grams of marijuana. This section outlines the legal framework for possession amounts and the potential consequences involved.

This code is relevant because it categorizes marijuana possession as a violation and indicates that possessing this amount is often treated with lesser penalties compared to larger quantities or distribution offenses. Under this section, individuals found to possess less than 28.5 grams of marijuana are typically facing either an infraction or minimal misdemeanor rather than harsher felonies associated with larger quantities.

In contrast, the other options reflect different legal provisions. For example, 849b1 PC relates to the circumstances under which an arrest can be made, 11359 HS addresses the crime of possession of marijuana for sale, and 832 PC discusses the guidelines surrounding arrest procedures and peace officer powers. Thus, these codes do not pertain to the possession of small amounts of marijuana as specified in the question.