Understanding the Recent Changes to California Marijuana Laws
The 62-page-long Proposition 64 made some significant changes to laws regarding marijuana in California. At that length, though, it can be hard understanding them all as they apply to you. In order to help make sense of all the legal details, we’ve put together this guide, explaining what’s legal now, and what’s not.Who Can Use It?
There are now two categories of legal marijuana usage: medicinal and recreational. Medicinal marijuana is currently legal to grow, sell, buy, and use by qualified individuals. In order to buy and use it, you must have a doctor’s recommendation or approval. In order to grow and sell it, you must carry the applicable licenses, and may only sell it to the aforementioned patients or their primary caregivers. This was the only form of legal usage prior to Proposition 64 and has not been altered by it. Recreational use is now legal for adults 21 and older. It is legal to carry and use 28.5 grams (or one ounce) of marijuana or eight grams of concentrate. Use or possession in excess of these numbers constitutes a violation, punishable by fine (up to $500) and/or jail time (up to six months). Use by those under 21 also constitutes a violation, though those under 18 are only punishable by mandatory drug education and community service.Where Can It Be Used?
There are severe restrictions on where marijuana can be used. It may be used in your private residence, or at a business location licensed to allow the consumption of marijuana. It is illegal to consume in any public place, federal property, and anywhere smoking is prohibited. Additionally, use is prohibited within 1,000 feet of schools, day care centers, and youth centers while children are present (except within the walls of private residences), and possession on those premises is illegal. Beyond those primary concerns, be aware that it’s illegal to use marijuana at correctional facilities, drug-free workplaces, or any location indicated by city or county ordinance. Violation is punishable by a maximum fine of $100 ($250 near a school), and those under 18 may also face a drug treatment program and community service.Who Can Grow It?
It is legal to grow up to six plants per residence for household use, provided the location is locked and not visible to public areas. Growing with the intent to sell is a felony, unless you are properly licensed to do so.
Who Can Sell It?
Selling marijuana in the state of California without a license is a felony. Currently, licenses are only currently issued for selling medicinal marijuana. Licenses for sellers of recreational marijuana will be available starting January 1, 2018, though sellers may have to acquire additional licenses to comply with city ordinances. That means, for the time being, you’ll be growing it instead of buying it. Even when licenses are issued, there will be restrictions on where it can be sold (it can’t be sold within 600 feet of a school, for instance).Marijuana and Driving
Driving while under the influence of marijuana constitutes a DUI, and it’s something the California Highway Patrol is cracking down on. If you’re pulled over and the offices suspects you may be under the influence, expect sobriety testing (walking a line, standing on one foot, etc.). If they find reason to believe that you are, in fact, under the influence, they will likely administer a breathalyzer test to rule out alcohol. From this point on, it’s a matter of ruling out causes. If you pass the breathalyzer test, officers will look to rule out medical problems, like diabetes, epilepsy, or a head injury. When this comes up negative as well, they will bring you down to the police station for a 12-step DRE evaluation. Among other things, they will test your vital signs, vision, and interview you for information about what you’re using and how you’re using it. The process is lengthy, in part because they’re still establishing protocol for how to handle marijuana users and how to test them. In the end, though, what they’re looking for is impairment, as the drug stays in your system long after you’ve used it, and its presence isn’t necessarily a punishable offense. If you are pulled over, comply with the officer’s instructions, be respectful, and don’t offer resistance. Ultimately, your best defense is to have someone else drive you home if you’re under the influence, but if you are charged, hope is not lost. There are qualified professionals who can help you make the best of a difficult situation.Other Changes
The proposition includes many more details, though not all of them are applicable to the average user (like limitations on how, when, and where marijuana can be advertised). There are at least two other items that are important for the average user, however. First, the proposition includes provisions for those who have been charged or convicted in the past and want to have their record changed to what it would have been under Proposition 64. For many, this means expunging their record or in many cases reducing felonies down to misdemeanors. You’ll also want to be aware that when they do begin selling recreational marijuana in 2018, there will be a 15% tax on those sales. The revenues from those taxes will go to fund a multitude of efforts, including the administration and enforcement of these regulations, and the drug education of minors. That about covers it. If you have any additional questions, feel free to contact the Law Offices of Bradley Corbett.Bradley Corbett
Bradley Corbett is a criminal defense attorney in San Diego. He graduated from Brigham Young University in Provo Utah in 2004. Later he enrolled at Thomas Jefferson School of Law in San Diego where he participated in a prestigious internship program with the Los Angeles County Public Defender. Since then he has handled over 2,000 cases.