As of January 1, 2018, adults 21 and over can legally possess, privately use, and give away marijuana in the state of California. Despite the legalization of cannabis, you can still find yourself facing criminal charges if you fail to abide by state and local laws that determine where and how much cannabis you can purchase and consume. Keep reading to learn more about California’s recreational marijuana laws so that you know your rights if you are arrested for a cannabis-related crime.
Purchasing Pot in California
Adults 21 or older can legally possess up to 28.5 grams of marijuana, as well as up to 8 grams of cannabis concentrate. If you are wondering if you can legally grow marijuana in California, the answer is yes. You can have up to six live marijuana plants.
Adults between the ages of 18 and 20 years old can legally purchase and possess up to 8 ounces of marijuana and 12 live plants if they have a medical marijuana license obtained through a doctor’s recommendation.
FAQ: California’s Marijuana Laws
In addition to how much marijuana one can legally purchase, our experienced drug crimes attorneys at Lessem, Newstat & Tooson, and LLP are often asked the following questions regarding California’s marijuana laws:
Question #1: Now that marijuana is legal, can I smoke outside like people do with cigarettes?
A: Although marijuana is legal, it is still illegal to consume cannabis in public, even if you have a medical marijuana license. California’s public smoking laws for tobacco products apply to the consumption of cannabis. Under California’s Health & Safety Code, it is illegal to smoke, vaporize, or ingest cannabis and related products in any public place, including parks, sidewalks, and business and residential areas. Violating the public consumption law is considered an infraction that is punishable by a $100 fine.
Question #2: Can I consume marijuana in my vehicle?
A: If you are traveling through California, you are allowed to have marijuana with you, as long as it is in a sealed container or the trunk of your vehicle. However, you cannot cross into another state with marijuana in your vehicle, even if the state you are entering has recreational cannabis laws. According to California’s Vehicle Code, an open container of marijuana is any containment device that has been opened or has a broken seal. Loose marijuana that is not stored in a vehicle’s trunk also violates the state’s open container laws. Violating the open container law is punishable by a fine of up to $100 and can be considered an aggravating factor in a DUI case.
Question #3: Can I smoke marijuana in my apartment?
A: While you can legally smoke, vape, or eat cannabis on private property, you can only do so if you’re in an area where smoking tobacco products isn’t already prohibited. Property owners and landlords have the right to ban the use and possession of marijuana and marijuana-related products on their properties.
Our Award-Winning Firm is Fully Equipped to Fight Your Drug Charges
Our skilled drug crimes attorneys at Lessem, Newstat & Tooson, LLP are here to serve you if you are being charged for a marijuana-related offense. We are committed to providing our clients with top-notch representation, and we will vigorously defend your rights each step of the way. We have decades of combined experience representing clients in a wide range of marijuana and other drug crimes cases, so please don’t hesitate to get in touch with our law firm to get help from our reputable legal professionals.
Give us a call today at (800) 462-7160 to set up your free case consultation. We are available to answer your questions 24/7.
