Is Weed Illegal in California Again

Updated February ii, 2022

Recreational use of marijuana became legal in California on Jan one, 2018. The legalization of cannabis regulation and adult-use cannabis is the effect of voter passage of Suggestion 64 in November 2016.

Adults historic period 21 and older may now possess up to

• i (1) ounce of dried marijuana or
• eight (8) grams of concentrated cannabis under California law.

They may as well grow upwardly to six (6) plants for their personal use, subject to certain restrictions.

Adults who exceed these amounts of recreational cannabis tin can be charged with a misdemeanor and punished past up to vi months in county jail and/or a fine of up to $500.

People under age 21 who possess marijuana tin exist charged with an infraction and sentenced to a fine (if at to the lowest degree 18) or to drug counseling and customs service (if under xviii).

Restrictions on sale and transport

It is all the same a criminal offense to sell marijuana in California — or to possess it with the intent to sell information technology — other than with both a state and local license.

For almost people, violation of California's cannabis laws is a misdemeanor. Yet, people with a serious criminal history – including multiple prior drug convictions – tin be charged with a felony for violating California drug laws.

Marijuana is still illegal nether federal police force

Unfortunately, marijuana remains a Schedule 1 drug nether the United States Controlled Substances Act. And U.Southward. Chaser General Jeff Sessions recently rescinded an Obama-era policy "hands-off" policy with respect to people who comply with country marijuana laws

Under the new policy, federal prosecutors in each state are free to decide whether to abort and prosecute marijuana users and sellers – fifty-fifty if they are in compliance with state marijuana laws.

We do not anticipate federal prosecutors in California going afterward people who employ or possess marijuana in accord with California and local government regulations. We do, however, caution people to understand and comply with those laws, including restrictions on the use of marijuana at work.

To assist you understand the nuances of laws on marijuana, our California criminal defense lawyers will answer the following summit x questions:

• i. Is marijuana possession for personal use legal in California?
• ii. What are the cultivation laws?
• 3. What is possession with intent to sell?
• 4. What are the penalties for selling, gifting, transporting, or importing marijuana?
• 5. What is the penalty for selling to a minor?
• 6. What are the laws for concentrated cannabis?
• 7. Is driving with marijuana a criminal offence?
• 8. What are the medical marijuana laws?
• 9. What is federal marijuana law?
• x. What are the clearing consequences?

Recreational utilize of marijuana became legal in California on Jan one, 2018.

i. Is marijuana possession for personal use legal in California?

Health and Safety Code 11357 HS is the California marijuana law that sets along the rules for personal possession of marijuana for recreational purposes.

Possession of not more than 28.5 grams of marijuana (a bit more than than an ounce) for personal utilise is legal in California every bit of January 1, 2018, for people age 21 and older. And so is the possession of upward to viii (8) grams of full-bodied cannabis (hashish).¹

Note that there are restrictions on where in that location can be the use of cannabis, however.

Marijuana and cannabis products must be smoked or consumed in private, with the consent of the belongings owner. This ways that your landlord or employer can prohibit your apply of marijuana at work or on a property you rent.

Additionally, marijuana may not be smoked in any public identify or at any location where the smoking of tobacco is legally prohibited, including cannabis retailers.

When is possession of marijuana however a law-breaking?

The post-obit, however, are crimes (either California misdemeanors or California infractions):

• Possession of marijuana by anyone nether 21,²
• Possession of more than 28.5 grams of marijuana or more than than iv grams of full-bodied cannabis,^three
• Possession of marijuana or full-bodied cannabis on the grounds of any K-12 school while school is in session.⁴

Penalisation for illegal possession of marijuana is as set up out in the nautical chart below.

HS 11357 marijuana possession offense	Type of criminal offence	Penalty
Possession of marijuana or concentrated cannabis by people nether 21	Infraction	Drug counseling and community service (defendants under 18); fine of up to $100 (defendants 18 and over)
Possession of more than than 28.v grams of marijuana or more than viii grams of concentrated cannabis (defendants 18 and over)	Misdemeanor	Upwardly to 6 months in canton jail; upwardly to $500 fine
Possession of more 28.5 grams of marijuana or more than 4 grams of concentrated cannabis (defendants nether 18)	Infraction	Drug counseling and community service
Possession of marijuana or concentrated cannabis on the grounds of a One thousand-12 school (defendants eighteen and over)	Misdemeanor	Upwards to $250 fine for a first offense
Possession of marijuana or concentrated cannabis on the grounds of a G-12 school (defendants nether xviii)	Infraction	Drug counseling and community service

HS 11357 marijuana possession crime	Type of offense; penalty
Possession of marijuana or concentrated cannabis past people under 21	Infraction; drug counseling and customs service (defendants under eighteen); fine of upwardly to $100 (defendants xviii and over)
Possession of more than than 28.five grams of marijuana or more than 8 grams of concentrated cannabis (defendants 18 and over)	Misdemeanor; upwardly to half dozen months in county jail; upward to $500 fine
Possession of more than 28.5 grams of marijuana or more than 8 grams of concentrated cannabis (defendants nether xviii)	Infraction; drug counseling and customs service
Possession of marijuana or concentrated cannabis on the grounds of a K-12 schoolhouse (defendants xviii and over)	Misdemeanor; upwardly to $250 fine for first offense. See 11357(c) HS
Possession of marijuana or concentrated cannabis on the grounds of a K-12 school (defendants nether 18)	Infraction; drug counseling and customs service

Proposition 64 amended Health and Condom Lawmaking 11358 HS to allow most people who are 21 and over to cultivate up to six marijuana plants.

ii. What are the cultivation laws?

California Wellness and Safety Code 11358 HS (marijuana cultivation), as amended by Suggestion 64, allows most people who are 21 and over to cultivate upwardly to six (6) marijuana plants. Growers must abound the marijuana indoors, unless outdoor growth is permitted under local regulations (such as those in effect in unincorporated areas of Los Angeles Canton).

Regardless of whether information technology is grown indoors or outdoors, the marijuana plants must be in a secure location non accessible to minors.

People nether 21 who grow any amount of marijuana are guilty of an infraction. If under 18 years of age, they can be required to nourish drug counseling and perform community service. People 18 and over (just under 21) who unlawfully abound marijuana may be fined upward to $100.

And for adults, cultivating over six marijuana plants remains a crime. Near defendants who found, cultivate, harvest, dry or process more than 6 living marijuana plants volition be charged with a misdemeanor and face up to six (6) months in canton jail and/or a fine of up to $500.

Cultivating more than than half-dozen marijuana plants tin be charged as a California felony, all the same, for the following defendants:

• People with serious vehement felonies on their record;
• Registered sex offenders;
• Defendants who accept two (ii) or more prior convictions for cultivating more than six marijuana plants; and
• Defendants who violate sure California ecology laws in their marijuana cultivation activities.^five

3. What is possession with intent to sell?

Suggestion 64 legalized the sale of marijuana–but only for businesses that obtain and operate in accordance with both a state and local license.

As a outcome, possession of marijuana with the intent to sell information technologywithout a license remains a crime under Wellness and Prophylactic Code 11359 HS (California'due south possession of marijuana for sale police).

For about developed defendants, HS 11359 possession for sale without a license is a misdemeanor, conveying the post-obit penalties:

• Upward to half-dozen (6) months in county jail, and/or
• A fine of upward to five hundred dollars ($500).

But marijuana possession for sale without a license is a felony if any of the following is truthful:

1. You have a prior conviction for i of a listing of specially serious violent felonies, including murder, sexually violent offenses, sexual activity crimes against a child under 14, or gross vehicular manslaughter while intoxicated, or a sex crime that requires you to annals as a sex offender;
2. You have two (2) or more prior misdemeanor convictions for marijuana possession for auction; or
3. You possessed marijuana for sale in connection with a knowing sale or attempted auction to someone under 18.

For these defendants, possessing marijuana for sale is punishable by xvi months, or ii or three years in county jail.^half-dozen

Proof of intent to sell marijuana without a license is usually made by coexisting show ("indicia of sale").⁷

Such evidence tin can include:

• a large quantity of marijuana,
• the presence of items such as baggies and scales,
• pot divided into multiple baggies or containers,
• the presence of greenbacks and/or weapons, and/or
• the stance of the arresting officer that the marijuana was for auction.⁸

iv. What are the penalties for selling, gifting, transporting, or importing marijuana?

Under California'southward marijuana legalization constabulary, you can only sell commercial cannabis equally part of the legal cannabis manufacture if you have obtained a license to practise and then. These licenses will be issued to cannabis businesses by a newly-created Bureau of Marijuana Command (a.chiliad.a. Bureau of Cannabis Command).

If you don't have a license, then selling pot–or transporting information technology in order to sell it–is yet a crime under California Health and Safety Code 11360 HS. Nether Prop 64, HS 11360 has become a law intended to prohibit a "black marketplace" in marijuana.

For virtually defendants, unlicensed sale or transport for the auction of marijuana is a misdemeanor punishable past upward to six (6) months in canton jail and/or a fine of up to ane yard dollars ($1,000). (For defendants under 18, information technology is an infraction. Also, giving away or transporting for auction up to 28.5 grams of marijuana without a license is an infraction.)

But auction/transport for sale of marijuana without a license to exercise so is a felony for the following defendants:

1. Defendants who take a prior conviction for one of a list of specially serious tearing felonies, including murder, sexually vehement offenses, sex crimes against a child under 14, or gross vehicular manslaughter while intoxicated, or a sex crime that requires them to register as a sexual practice offender;
2. Defendants who accept two (2) or more than prior convictions for HS 11360 sale/transportation of marijuana;
3. Defendants who knowingly sold, attempted to sell, or offered to sell or furnish marijuana to someone under xviii; and
4. Defendants who imported or attempted or offered to import into California, or transported or attempted/offered to ship out of California for sale, more than 28.5 grams of marijuana or more four grams of concentrated cannabis.

In any of these scenarios, black market sale or transportation for sale of marijuana under HS 11360 is punishable by two (ii), three (3) or four (4) years in jail.^ix

Finally, transporting marijuana without intent to sell it, or giving marijuana away, is not a criminal offence in California so long as both of the following are true:

1. You transport or requite away not more than 28.5 grams of marijuana or eight grams of full-bodied cannabis, and
2. Any people y'all give marijuana to are 21 years of age or older.¹⁰

Health and Condom Lawmaking 11361 HS makes it a felony for anyone 18 years or older to sell marijuana to a minor.

v. What is the penalty for selling to a minor?

California Health and Safety Code 11361 HS makes information technology a felony for anyone 18 years or older to sell marijuana to a small. This law is unchanged past Suggestion 64/marijuana legalization.

Section 11361 also makes information technology a felony to use a minor unlawfully to:

• transport,
• carry,
• sell,
• give abroad,
• replenish,
• administer,
• prepare for auction, or
• peddle…

whatsoever amount or blazon of marijuana.^xi

Sentences for violating California Health and Safe Code 11361 are served in California state prison, rather than county jail.

If the minor involved is under 14 years of age, the penalty is:

• three, five or vii years in state prison.¹²

If the small is over 14, but less than eighteen, the penalisation is:

• three, four or five years in state prison.^xiii

half-dozen. What are the laws for concentrated cannabis?

"Concentrated cannabis" is the separated resin (whether crude or purified) obtained from the marijuana institute.  Information technology is unremarkably referred to as "hashish" or "hash."^fourteen

Concentrated cannabis is considered to be marijuana nether California law.  This means, amid other things, that people entitled to possess, cultivate, or transport medical marijuana may do the same with full-bodied cannabis.^xv

Also, under Proposition 64, elementary possession of concentrated cannabis for recreational utilise is legal–but a person may only possess upwardly to 8 grams for personal use.

7. Is driving with marijuana a crime?

California Vehicle Lawmaking 23222(b) VC prohibits driving in possession of up to 28.5 grams of marijuana. Information technology is a sister provision to the police force against driving with an open container of booze in your vehicle. Proposition 64 did non change this constabulary.

Driving with marijuana is an infraction.  It can be punished by:

• up to a $100 fine.^xvi

(Driving under the influence of marijuana is prosecuted the same as DUI of booze. Suspects are given blood tests to measure the amount of THC in their claret.)

8. What are the medical marijuana laws?

Medical cannabis was made legal by voter approval of Proffer 215.  Information technology is known as California's Empathetic Utilize Human activity of 1996 (the "CUA").  The CUA is ready along in California Health and Safety lawmaking 11362.5 HS and subsequent sections.

Proposition 64, legalizing recreational marijuana, was passed two decades later on Prop 215. Just even though recreational marijuana is legal, California'south medical marijuana laws and system are notwithstanding relevant for public health.

For one thing, the strict quantity limits applicable to recreational do non apply. Medical marijuana users can, with a doctor's recommendation, possess every bit much marijuana as their condition reasonably demands for medical purposes.

Additionally, people under 21 may utilize and cultivate medical marijuana with a doctor's recommendation (and, if they are under eighteen, the consent of a parent).

Who may legally employ medical marijuana?

Nether the CUA, a qualified patient is legally entitled to a medical marijuana identification card if a doctor has recommended it or approved information technology for the treatment of a serious medical condition such as:

• AIDS,
• Anorexia,
• Arthritis,
• Cachexia,
• Cancer,
• Glaucoma,
• Migraines,
• Multiple sclerosis,
• Persistent muscle spasms,
• Seizures, or
• Any other debilitating condition, including chronic pain or astringent nausea.¹⁷

The definition of a "main caregiver"

Y'all are a "primary caregiver" if you are:

• designated for that purpose by the patient, and
• are consistently responsible for the patient'southward housing, health, and/or safety.¹⁸

What may medical marijuana patients and primary caregivers legally do?

California's medical marijuana laws authorize possession, cultivation, transport and administration of medical marijuana, as long as the marijuana is:

• for the patient'south personal utilise, and
• in an amount reasonably related to the patient'south current medical needs.^xix

Under no condition, notwithstanding, may they sell marijuana, or possess or cultivate more than is reasonably related to the patient's medical utilise.

Proposition 64 requires all medical marijuana users to obtain a new recommendation from their doc past Jan one, 2018.

Medical marijuana dispensaries

California constabulary also allows the distribution of medical marijuana through non-turn a profit medical marijuana dispensaries, collectives or cooperatives.

There are strict state and local requirements for the operation of dispensaries. Just legally operating dispensaries may give marijuana to medical marijuana patients and their master caregivers with an ID bill of fare, or sell it to them "at cost."

In the wake of Proposition 64, it is unclear whether medical marijuana dispensaries will continue to operate long-term or will be folded into the new market for legal recreational marijuana.

9. What is federal marijuana police force?

The Federal Controlled Substances Deed

Championship 21 of the The states Lawmaking is the federal "Controlled Substances Act" ("CSA").  Under the CSA, marijuana is considered a Schedule 1 hallucinogenic drug. This means the authorities believes it has a high potential for corruption and no currently accepted medical use.²⁰

The CSA takes precedence over the laws of California.²¹ Technically, therefore, when y'all sell, transport, or give away marijuana, y'all violate federal law–even if you lot are abiding by California's medical marijuana police or recreational marijuana legalization law.²²

Penalties under federal law

Marijuana-based offenses are punished severely under federal law.²³ But a couple of examples will illustrate this point.

A outset criminal offence for unproblematic possession of marijuana is punishable past:

• a fine of up to $ane,000, and
• up to one year in federal prison house.²⁴

Cultivation, possession with intent to sell, and/or auction of fewer than 50 pounds of marijuana or fifty plants is punishable by:

• upwardly to five (5) years in federal prison, and
• a fine of up to $250,000.²⁵

Fines and periods of incarceration increase for greater quantities of marijuana or conviction of subsequent offenses.

In improver, if you are convicted of whatsoever federal drug offense, you may also be ordered to reimburse the government its "reasonable costs" of investigating and prosecuting the offense.²⁶

When federal prosecution for marijuana is likely to occur

As a practical affair, yous are unlikely to be prosecuted nether federal constabulary if you employ or cultivate pot for personal utilize, particularly in compliance with Prop 64.  The federal government is primarily interested in prosecuting big-scale traffickers and those with links to organized criminal offense.²⁷

Even so, U.Southward. attorney full general Jeff Sessions recently rescinded Obama-era rules that prevented federal prosecutors from going after people who use marijuana in accord with state laws. Federal prosecutions are now free to make up one's mind whether to enforce federal rather than country laws on marijuana use.

This action has been significantly criticized and it is not clear what federal prosecutors in California will do. We do not, notwithstanding, anticipate federal prosecutors going after the casual drug user who complies with California's marijuana laws.

Federal law applies on federal holding inside California

Users of marijuana — both recreational and medical — should be enlightened that federal police force, rather than California law, applies on federal property within the state of California. Examples of federal belongings include:

• public airports,
• federal buildings,
• post offices,
• national parks, and
• federal courthouses.

If a violation of marijuana law occurs on federal property, it can be punished under federal police force.  And federal penalties are generally greater for drug crimes that occur on federal belongings than those that occur elsewhere but are, still, prosecuted under federal law.²⁸

HUD Housing

The U.Due south. Section of Housing and Urban Development ("HUD") allows local housing authorities to set up their ain policies on marijuana use.²⁹

The federally assisted housing can legally be denied to medical or recreational marijuana users.  And although rarely enforced, the use of marijuana in HUD housing tin field of study patients to the termination of other federal benefits, including food stamps.³⁰

10. What are the immigration consequences?

The sale of marijuana – and even possession with intent to sell — is an "aggravated felony" for purposes of the Immigration and Nationality Human activity.  This is true regardless of whether you were convicted nether California or federal law.³¹

The clearing consequences of a criminal conviction involving an aggravated felony include deportation.

If y'all are an undocumented alien, therefore, it is highly recommended that y'all consult with an experienced criminal defense attorney if law enforcement accuses you of a crime involving marijuana.

For Boosted Assistance:

If y'all or a loved one has been charged with a law-breaking, we invite you to contact our California criminal defense attorneys for guidance and representation.

Our Las Vegas Nevada criminal defence force attorneys correspond clients accused of violating Nevada marijuana laws. For more data, we invite you to contact our local attorneys at ane of our Nevada police offices, located in Reno and Las Vegas.

¿Habla español? Visite nuestro sitio Web en español sobre las leyes de la marihuana en California.

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Legal references:

coatestendought.blogspot.com

Source: https://www.shouselaw.com/ca/defense/laws/marijuana/

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