California's cannabis laws have changed a lot over the past years. Federal law still considers it an illegal controlled substance. However, some states have decriminalized possession in smaller amounts, including California. How does this affect people wanting to possess and consume marijuana for medical and recreational purposes?
Products that come from the "Cannabis Sativa" plant are known across the country for their effects on people. Before buying and consuming any of these products, it's important to ask: "What is the rule for cannabis in California?"
This page covers how the rule for cannabis in California has evolved, as well as what people can (or can't) do legally with related products. Goss Law can also answer questions like Can a tourist buy edibles in California?
Is Recreational Cannabis Legal in California?
The basics of marijuana laws in California can be found in its Business and Professions Code.
Is recreational cannabis legal? The short answer is that "it depends." Back in 1996, people in California voted for Proposition 215, the Compassionate Use Act. This act allowed people to own and consume specific amounts of medical cannabis, as long as they had permission from their physician. How has the law evolved since then?
In 2016, residents of California voted for Proposition 64, the Adult Use of Marijuana Act. According to this law, adults over 21 years of age can buy, own, and consume up to an ounce (or 28.5 grams) of marijuana for personal use. People could also buy up to 8 grams of concentrated cannabis. They could do this if they were on their personal property or in a licensed establishment meant for marijuana consumption.
It wasn't until 2018 that the state started to provide licenses to produce and sell cannabis. As cannabis businesses started to come along, new taxes also came up, specifically a 15% excise tax. This didn't include state and local sales taxes. At the time of writing, the Department of Cannabis Control is responsible for licensing institutions and businesses related to the production and distribution of cannabis.
While recreational cannabis is legal, it has restrictions to be aware of. Most cannabis retailers will have different limitations or purchase limits, depending on the product.
Dispensaries will sell cannabis in different forms, including edibles, topicals, and dried cannabis flowers.
The most important restriction surrounding recreational cannabis is the amount of THC. THC is the principal psychoactive in cannabis. According to most restrictions, edibles can't have more than 10 milligrams of THC per serving.
Property owners may have the legal right to ban the possession or use of cannabis on their property, which may affect some tenants. People wanting to consume cannabis in rented properties should check their local jurisdiction and talk to their landlords first. Good Sacramento drug crime attorneys can assist with guidance through this.
What Are the Most Important Medical Marijuana Laws?
What about California's medical marijuana laws?
Medicinal cannabis was made legal by the approval of Proposition 215, California's Compassionate Use Act of 1996 (CUA). Back in 2003, the state's Legislature enacted Senate Bill 420, the Medical Marijuana Program Act. It established all the requirements surrounding medical marijuana.
Even though recreational cannabis is already legal, the regulations aren't the same. According to the CUA, qualified patients are entitled to a medical marijuana ID if they need to get this product to treat a serious condition, such as:
- AIDS
- Migraines
- Cancer
- Seizures
- Chronic pain
Of course, people using cannabis for medicinal purposes can't sell it. They also can't possess or cultivate more than they need for their treatment. Otherwise, they expose themselves to legal consequences.
California law allows people to get cannabis products through medical marijuana dispensaries, collectives, or cooperatives. They can buy cannabis if they have their physician-approved ID card.
Although California marijuana laws allow people to consume related products, it's important to only do it in approved places. Marijuana is still a "Schedule I" drug, according to federal law. In other words, medical marijuana patients can't consume it on federal land, such as national parks.
What Are the Penalties for Illegal Possession of Marijuana in California?
The key to avoiding legal problems is to stick with the law. In California, medicinal cannabis is available to those over 18 years of age. Minors can also get it through an adult caregiver. Recreational cannabis, on the other hand, is available for adults over 21.
It's important to remember that the use and possession are restricted to the amount and type of the drug.
California's Health and Safety Code has different penalties in place for those who have illegal possession of medicinal or recreational marijuana:
Minors who have any amount of cannabis up to 28.5 grams will be charged with an infraction. On their first offense, they could face 10 hours of community service and four hours of drug counseling. The second offense, on the other hand, will require them to undergo at least six hours of drug counseling and up to 20 hours of community work.
People older than 18 and younger than 21 who possess any amount of cannabis up to 28.5 grams may be charged with an infraction. The infraction may be punished by a fine of up to $100.
Minors possessing more than 28.5 grams of cannabis will be charged with an infraction. On their first offense, they'll face up to 40 hours of community service and eight hours of drug counseling. As for their second offense, they could face up to 60 hours of community service and 10 hours of drug counseling.
Finally, people over 18 who possess over 28.5 grams of cannabis will face criminal penalties. They include a fine of up to $500, up to six months in county jail, or both.
Bottom Line
The laws surrounding cannabis in California (and the rest of the country) are expected to keep changing as time passes. It's crucial to stay up-to-date on the latest news to understand what's going on in the cannabis industry, ensuring people can avoid legal consequences while possessing and consuming these products.
Those wanting to review a legal case or learn more about cannabis laws in the state can schedule a free consultation with Goss Law. This law firm has an expert team that will be more than happy to address any questions people may have.
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