lawyer explains California's laws on recreational marijuana

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

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.