Even though marijuana has been legalized for recreational purposes in California, that does not mean that it impossible to get into legal trouble for having or using it. The rules and regulations that govern the consumption of marijuana are numerous and surprisingly strict. Running afoul of one of them can get you into significant legal trouble.
Knowing at least the basics of the law is crucial if you intend on exercising your new rights to the use of recreational marijuana in California. Having a skilled drug and marijuana attorney on hand can make a huge difference if you get in trouble.
While California was the first state in the country to pass a law that allowed marijuana to be used for medicinal purposes, it fell behind several others in passing laws that allowed for the recreational use of the drug. This finally ended at the beginning of 2018, when Proposition 64 – which had been voted into law by Californians in the 2016 election by a 57 percent majority – went into effect.
Now codified as the Adult Use of Marijuana Act, the law allows adults to buy, use, carry, and even grow marijuana plants for purposes that are not necessary medicinal. However, the regulations that are associated with this law are extensive, limiting those rights to a significant degree.
Under the Adult Use of Marijuana Act, only people over the age of 21 can legally buy and use marijuana for recreational purposes. If you are over the age of 18 but have not yet turned 21, you can only use marijuana for medicinal purposes, significantly hampering your ability to buy the drug – underage users need to have a licensed physician's recommendation to obtain marijuana. However, medicinal patients are allowed to carry significantly more marijuana than those who are exercising their recreational rights under the Adult Use of Marijuana Act.
One big complexity that the Adult Use of Marijuana Act does away with is the primary caregiver designation from California's medicinal marijuana laws. This status proved difficult for law enforcement to comprehend, resulting in numerous arrests and legal troubles for people who were acting within their rights. Now that all adults can obtain and possess a limited amount of marijuana, the need to be designated a caregiver for a patient who needs medical marijuana is substantially decreased.
Legalizing marijuana for recreational use came with a huge logistical hurdle to overcome – one that was largely responsible for the long period of time between the passage of Proposition 64 and the effective date of the Adult Use of Marijuana Act. This hurdle was where marijuana could be sold, and how to regulate those outlets.
The result has been the implementation of California's Bureau of Cannabis Control.
This Bureau oversees and regulates all of the aspects of the sale of marijuana, and requires retail outlets to have a license before they can sell recreational marijuana. Failure to obtain a license from the Bureau can expose marijuana sellers to significant legal trouble.
Even though the Adult Use of Marijuana Act permits recreational marijuana, that does not mean that buying and using it is unrestricted or even easy to do. Wary of the possibility that nefarious actors could somehow lace marijuana with other drugs or sell lesser strains by labeling them fraudulently to deceive consumers – but also to promote business and tax revenues – the Bureau of Cannabis Control requires marijuana to be bought and sold at licensed dispensaries in the state of California.
As a consumer, this means several things that are entirely foreseeable.
However, as time has passed since legalization and transactions have become routine, several relatively unexpected outcomes have surfaced, as well.
Unfortunately, your ability to buy marijuana legally is also restricted by how much you can legally travel with it.
The Adult Use of Marijuana Act allows you to have marijuana in your possession, but only small amounts at a time. This limits the amount that you can buy at once.
If you are 21 or older, the Act lets you possess up to 28.5 grams of marijuana, up to 8 grams of concentrated cannabis in other forms, and up to 6 plants.
Carrying more than these amounts at any one time – including when you first make a purchase – can lead to legal trouble.
Additionally, crossing state lines and leaving California can be problematic, even if the state you are entering also has recreational marijuana laws. Flying, therefore, is illegal under the Adult Use of Marijuana Act.
While buying marijuana is fraught with complications, using it can be even more complex. Numerous regulations restrict your rights on where you can smoke or consume marijuana, while others prevent you from traveling out of state with it. Perhaps worse, these regulations are evolving quickly and constantly, adding a level of uncertainty to the process that can get unwary users into severe legal trouble.
One of the most restrictive regulations dealing with recreational marijuana is where you can use the drug. Regulations prohibit smoking or otherwise consuming marijuana in public, eliminating a huge swath of places for users to enjoy their rights.
Even in private places, though, your rights are restricted, as well: partially due to California's laws regarding driving under the influence (DUI), you cannot use marijuana in your car or any other motor vehicle. You also cannot smoke marijuana in any private location – like a bar or restaurant – that already prohibits smoke tobacco. Even in your own home, you could face restrictions on your recreational use of marijuana: California law allows landlords to prohibit smoking or the use of marijuana through specific provisions in their rental lease. If you rent, you could face legal repercussions if you smoke in your own home.
There is a bright point on the horizon, though: municipalities and cities are allowed to grant permits for businesses to open as marijuana cafes, under certain conditions.
The intersection of the Adult Use of Marijuana Act, which allows for the recreational use of marijuana, with the Compassionate Use Act, which allows for the medical use of marijuana, is one of the most complex issues in marijuana law, today. People who want to transition from one status to another face considerable legal risk and should consult an attorney. However, there are some clear answers.
The myriad rules and regulations that pertain to marijuana are difficult to comply with and are constantly changing as lawmakers juggle how best to handle legalization. Consulting with a marijuana lawyer to make sure you are doing things by the book can prevent a costly arrest and charge for a drug crime. If it is too late, a drug defense attorney can be your best bet to beat the charge.
William Kroger is Los Angeles' marijuana and drug defense attorney. Contact him online for the legal help you need.