Since the suspect was found with over 60 grams, which is a large quantity, prosecutors may charge them with possession with intent to sell under Health & Safety Code § 11378, rather than simple possession. Here’s a breakdown of the possible penalties:If Charged with Simple Possession (HS § 11377(a))Usually a misdemeanor . Penalty: Up to 1 year in county jail and/or a fine up to $1,000 . Penalty: 16 months, 2 years, or 3 years in county jail. in county jail.