- posted: Nov. 10, 2022
Recreational marijuana use has been legal in California since late 2016. Still, if you plan on using marijuana (also called cannabis) recreationally in the state, you must be aware of the legal restrictions to avoid breaking the law.
The legalization of recreational marijuana use was put to the voters in California Proposition 64 in 2016 and was approved in a 53 percent to 47 percent vote. The law provides that, if you are at least 21 years of age, you may legally do the following:
- Purchase, possess and share marijuana — You may purchase and possess up to 28.5 grams of cannabis or up to 8 grams of concentrated cannabis. You are also permitted to give this amount of cannabis to another person who is over the age of 21.
- Grow marijuana — You can legally grow and process no more than six cannabis plants indoors or outdoors on your own private property. The plants must be in a locked space and may not be visible to the public. If you are a renter, your landlord is entitled to prohibit the growth of marijuana on the property.
- Use marijuana — You may use cannabis on private property unless the property owner prohibits it. Cannabis may not be used in public places, anywhere it is illegal to smoke tobacco (such as a restaurant) or within 1,000 feet of a place where children are present (schools, daycares, etc.).
There are still substantial limits on how an individual over 21 years of age may handle marijuana in California. An experienced California marijuana attorney can further detail the limitations. In general, even if you are 21, you may not:
- Sell cannabis without a license from the state
- Take cannabis across state lines or possess or use cannabis on federal lands
- Drive any vehicle while under the influence of cannabis or have an open container of cannabis in a moving vehicle
- Grow cannabis outdoors in a city or county that has prohibited it
- Use a volatile solvent to process cannabis for your personal use
- Use marijuana if your employer has prohibited it
Being familiar with these laws is crucial, as breaking them may result in a misdemeanor charge and, if convicted, jail time of up to six months and/or a fine of up to $500. The consequences may be much more severe if federal law is involved because the individual allegedly used marijuana on federal lands or transported it across state lines.
At Strategic Law Command in Roseville, we represent clients throughout the greater Sacramento metropolitan area who have been charged with possession and other drug crimes. If you have been charged with a drug offense, contact us online or call 916-787-1234 for a consultation at our office.