Section 12700 - Penalties[See Note](a) Except as provided in Section 12702 and subdivision (b), a person who violates any provision of this part, or any regulations issued pursuant to this part, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one thousand dollars ($1,000) or more than two thousand dollars ($2,000), or by imprisonment in the county jail for not exceeding one year, or by both that fine and imprisonment.(b) A person who violates any provision of this part, or any regulations issued pursuant to this part, by possessing dangerous fireworks shall be subject to the following: (1) A person who possesses a gross weight, including packaging, of less than 25 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one thousand dollars ($1,000) or more than two thousand dollars ($2,000), or by imprisonment in the county jail for not exceeding one year, or both that fine and imprisonment. Upon a second or subsequent conviction, a person shall be punished by a fine of not less than two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year or by both that fine and imprisonment.(2) A person who possesses a gross weight, including packaging, of not less than 25 pounds or more than 100 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment in a county jail for not more than one year, or by a fine of not less than two thousand dollars ($2,000) or more than ten thousand dollars ($10,000), or by both that fine and imprisonment.(3) A person who possesses a gross weight, including packaging, of not less than 100 pounds or more than 5,000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or a county jail for not more than one year, or by a fine of not less than ten thousand dollars ($10,000) or more than twenty thousand dollars ($20,000), or by both that fine and imprisonment.(4) A person who possesses a gross weight, including packaging, of more than 5,000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or a county jail for not more than one year, or by a fine of not less than twenty thousand dollars ($20,000) or more than one hundred thousand dollars ($100,000), or by both that fine and imprisonment.(c) Subdivision (b) shall not apply to a person who holds and is operating within the scope of a valid license as described in Section 12516 or valid permit as described in Section 12522.Ca. Health and Saf. Code § 12700
Amended by Stats 2023 ch 368 (AB 1403),s 4, eff. 1/1/2024.Amended by Stats 2011 ch 39 (AB 117),s 68, eff. 6/30/2011.Amended by Stats 2011 ch 15 (AB 109),s 184, eff. 4/4/2011, but operative no earlier than October 1, 2011, and only upon creation of a community corrections grant program to assist in implementing this act and upon an appropriation to fund the grant program.Amended by Stats 2007 ch 563 (SB 839),s 5, eff. 1/1/2008.