If you live in California, you probably already know that the state passed legislation that made marijuana legal for recreational purposes. However, just because marijuana is now legal recreationally, there are still state laws that place certain restrictions on the use of recreational marijuana. Additionally, it is important to note that while marijuana possession and use for recreational purposes is legal in California, it remains illegal under federal law.
If you have questions regarding Proposition 64, the law that governs the usage of recreational marijuana in California, contact California attorney Johann Hall. Attorney Johann Hall has handled many cases involving marijuana-related charges, and he can help you fight back against any charges you may be facing regarding your use or possession of marijuana.
Purchasing Marijuana and Possession
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California law has some restrictions on the purchase and possession of marijuana. First, you must be twenty-one years or older to purchase and possess marijuana. You are limited to purchasing and possessing up to 28.5 grams of marijuana flower and up to eight grams of marijuana concentrate.
You are also legally able to possess up to six living cannabis plants in your home. These plants are required to be kept in a locked location that is not visible to the public. Any marijuana made from these plants which exceeds 28.5 grams is required to be kept secure within the grower’s private residence. You are not allowed to make your own concentrated marijuana in your residence.
Laws Regarding Consumption of Marijuana
There many restrictions on consuming marijuana in California. You are not allowed to consume marijuana in any public area. Additionally, you cannot use it in any location where tobacco smoking is prohibited. You also are unable to consume marijuana within 1,000 feet of any school, day care, or youth center where children are present, unless you are inside a private residence. If you are consuming marijuana inside a private residence that happens to be within 1,000 feet of a school, day care, or youth center when children are present, you are only able to do so if the smoking is not detectable to the surrounding area.
You are allowed to consume marijuana in a private residence, which includes outdoors on the private residence as long as the county or city do not prohibit this. You can also legally consume marijuana in accessory structures that are located on the grounds of any private residence which is enclosed and is also secure from the public.
Laws Regarding Transporting and Exporting Marijuana
In California, adults who are twenty-one years of age or older are legally able to transport up to 28.5 grams of marijuana flower and up to eight grams of marijuana concentrate. The substance must be kept in a child-proof container and must also be out of reach of the driver. However, you cannot legally an open container or package of marijuana products. Passengers in a vehicle are also restricted from smoking while riding inside a vehicle.
You are restricted from exporting marijuana across state lines. This includes driving or sending by mail across state lines. It is important to take note that this restriction applies in all circumstances, even if the state you are attempting to export the marijuana to has also legalized the recreational use of marijuana.
Laws Regarding Driving Under the Influence of Marijuana
Driving under the influence of marijuana continues to be illegal, despite the laws allowing for recreational usage of the substance. If you are considered to be under the influence and then are later tested for marijuana, any positive result, even if it is a small amount, can be used against you. It is also illegal to have an open container or package of marijuana in your vehicle.
There are severe penalties if you are convicted of driving under the influence of marijuana in California. These penalties can include license suspension and jail time from anywhere from two days to six months for your first offense. You will also likely have to attend a safety class. Additionally, you may be required to pay significant fines as a part of your sentencing. Just like with convictions of driving under the influence of alcohol, the penalties tend to become harsher with each additional conviction.
If you have been charged with a marijuana-related offense in California, attorney Johann Hall is here to help you fight back. There are defenses to these charges that may apply in your case. Contact our office today to schedule a consultation to discuss your case.
Frequently Asked Questions (FAQ) about Recreational Marijuana Laws in California
How much marijuana can I legally possess in California?
In California, individuals aged 21 and over can possess up to 28.5 grams of marijuana flower and up to eight grams of marijuana concentrate. Additionally, you are permitted to have up to six living cannabis plants in your home, provided they are kept in a locked location not visible to the public.
Where am I allowed to consume marijuana in California?
Consumption of marijuana is prohibited in public areas and locations where tobacco smoking is banned. You are also restricted from consuming marijuana within 1,000 feet of schools, daycares, or youth centers where children are present, unless inside a private residence. However, consumption is permitted in private residences and enclosed accessory structures.
What are the laws regarding transporting marijuana in California?
Adults aged 21 and older can transport up to 28.5 grams of marijuana flower and up to eight grams of concentrate in California. However, the substance must be stored in a child-proof container and kept out of reach while driving. It’s important to note that exporting marijuana across state lines is strictly prohibited.
What are the penalties for driving under the influence of marijuana in California?
Despite recreational marijuana laws, driving under the influence of marijuana remains illegal in California. Convictions can result in penalties such as license suspension, jail time (up to six months for first offenses), mandatory safety classes, and significant fines. Penalties escalate with subsequent convictions.
Can I grow my own marijuana plants in California?
Yes, individuals aged 21 and over are allowed to cultivate up to six cannabis plants in their private residences. However, the plants must be kept in a locked area not visible to the public. Exceeding 28.5 grams of marijuana derived from homegrown plants must be securely stored within the grower’s residence.
What should I do if I’m facing marijuana-related charges in California?
If you’re facing marijuana-related charges in California, it’s crucial to seek legal representation from an experienced attorney like Johann Hall. Attorney Hall can provide guidance and defense strategies tailored to your case to help you navigate the legal process effectively. Contact our office to schedule a consultation.
Are there restrictions on consuming marijuana near schools or youth centers?
Yes, consuming marijuana within 1,000 feet of schools, daycares, or youth centers where children are present is prohibited in California. Even within private residences located within this radius, consumption is only permitted if it’s not detectable to the surrounding area. It’s important to adhere to these restrictions to avoid legal consequences.
Can I legally consume marijuana in outdoor spaces on my private residence?
Yes, consuming marijuana outdoors on your private residence is permitted in California, provided that local regulations do not prohibit it. Accessory structures on your property that are enclosed and secure from public view are also suitable locations for consumption. However, always ensure compliance with local ordinances to avoid legal issues.
What are the consequences of possessing an open container of marijuana in a vehicle?
Possessing an open container or package of marijuana products in a vehicle is illegal in California. Additionally, passengers in a vehicle are prohibited from smoking while the vehicle is in motion. Violating these laws can result in legal penalties, including fines and potential criminal charges.
Is it legal to export marijuana across state lines, even to states where it’s legalized?
No, it is illegal to export marijuana across state lines, regardless of whether the destination state has legalized its recreational use. This prohibition applies to transportation by vehicle or mail. Engaging in such activities can lead to severe legal consequences, including federal charges.
