“Is Marijuana Legal In California?”: One of the most common questions asked by a California resident having certain medical requirements.
Are you also a patient having medical requirements? Do you also want to know, Is Marijuana legal in California or not?
There is no need to worry. All you need to do is to go to a doctor, get a recommendation and now, you can obtain or even use marijuana legally.
Isn’t it the most exciting law in the entire state?
If you are a resident of California or even you are a tourist, one common question that has arisen in your mind: Is Marijuana legal in California or not?
If you are looking for a short answer then I would like to tell you that the answer is “YES”.
It has been said that California is known to have the biggest Marijuana market in the world and now, it is legal as well.
However, you will be shocked to know that the black market for marijuana in California is even bigger. During the last year, California was about to break all the records with a total of $3.1 billion in sales of licensed and legalized marijuana.
Now that when you got the answer to your question, Is Marijuana Legal In California, do you know when it became legal?
It all started in the year 2018. According to the analysis of one of the biggest sales-tracking firms, such as BDS Analytics and Arcview Market Research, the sales reached an approximate of $2.5 billion.
You must also understand that achieving such a big success in the first year of legalization is also a big thing.
A large population of the state as well the legal laws helped the retailers to set a foot in this market. There was a time when the consumption of such things may lead you to jail.
But now, it has been written in the laws and no one can touch you legally for consuming marijuana.
However, there are some flaws as well. There are laws following other laws. If you are following one law, then you have to follow the other ones too.
If you do not know enough laws and are worried about the consumption of medical marijuana, we would like to let you know that you do not need to worry now.
We have mentioned everything that will give you a brief idea of the consumption of legal medicinal marijuana in California.
Here is everything you would like to know:
Federal, Local, and California laws on the consumption of Medical Marijuana
Under the Federal Law 21 U.S.C. § 801 et seq, the distribution, usage as well as possession of marijuana is illegal. It does not matter whether you are medically ill or under special treatment, there is no exception.
As you know, the laws are strict and cannot be overridden under any circumstances. And it has also been said that the Federal Law cannot be revoked by California law under any circumstances.
In the January month of 2019, Attorney General William Barr began to write that he does not hold any hostility and has no intention of taking actions against those businessmen who are just obeying the State laws.
City and County Law
There are numerous counties or cities available in California that do not give the permission of cultivating marijuana. Even the hospitals and dispensaries cannot use it under any special cases or emergencies. You must be thinking, why so when the state has approved but the city is imposing its own laws?
We would like to tell you that any city or a county can have their own rules and the people have to follow it. You can find information about them on the internet.
After the amendment of Proposition 215, the medical use of cannabis r marijuana has been legalized. In 1996, the “Compassionate Use Act” was passed under Cal. Health & Safety (H&S) § 11362.5.
Later on, Proposition 64 was imposed under which legalized recreation of marijuana also became legal. The “Medical and Adult-Use Cannabis Regulation and Safety Act” (“MAUCRSA”) was passed by the legislature which legalized both the medical as well as recreational use of marijuana.
However, these laws are permitted and regulated only for distribution, profit cultivation, manufacturing, dispensary, testing, and transportation.
Moreover, permits for both the state as well as local agencies are also required. People started getting temporary state licenses on 1st January 2018.
If you are thinking about individual patients, we would like to tell you that being an individual patient, you are allowed to cultivate marijuana but you have to limit your growth to 100 square feet.
Moreover, you can cultivate it for your personal use only. If you are a primary caregiver, you are also allowed to cultivate marijuana for personal uses of not more than 5 patients.
However, you also have to limit your growth under 500 square feet. By doing so, you won’t fall under the new rules.
Now that we have gathered enough information about the different local as well as federal laws of medical marijuana, let us have a look at some of the other aspects too.
Who can consume Marijuana?
- If you are an adult of 21 years or more then you are legally allowed to consume marijuana in California, no matter whether you are a resident of California or not. If you want to buy it from the market, you can only buy 28.5 grams of the stuff (1 ounce) once a day.
- Now you must be thinking what if you are below 21 years of age and you medically need marijuana for treatment, right? In that case, the people from 18 to 21 years of age can consume marijuana with the recommendation of a physician. Or you can even use a state of California medical marijuana ID card to do so.
- For purchasing marijuana, there are almost 1700 dispensaries located in the different parts of the state. All you need to do is to show them a government-approved ID such as a driving license.
Where can you consume marijuana?
- You are allowed to consume marijuana in California but in private residences only. You cannot use the public property of California to do so.
- If you have a private home and you are the owner of that home, you can legally consume marijuana at your home without violating any laws.
- If you do not have your own private house and are living under rent, you cannot consume marijuana without the permission of the house’s owner. If you do so without getting permissions, it may cause serious trouble for you.
- The law has also legalized the consumption of marijuana within smoking lounges of California. Most of the smoking lounges are associated with dispensaries and located around large tourist areas and cities.
- Are you a tourist in California and want to smoke marijuana or consume it for medical purposes? There are numerous Airbnb listings, events, and resorts in California that will allow you to do so on their premises.
Laws related to Transportation
- The laws have been made strict in California for the consumption of marijuana in transport vehicles.
- Under any circumstances, if you are transporting marijuana inside a vehicle, the equipment must be sealed and unbroken. You have to put it inside a packed container that must be childproof.
- If you are transporting equipment of marijuana inside a vehicle and if it is not sealed, it may cause you some trouble. If police suspect that you were consuming it inside the vehicle, it clearly means that you are violating the rules.
- There is no method by which police can check whether you have consumed marijuana or not. So, even if you haven’t consumed any and the police find any irregular signs, you will be considered guilty.
- While transporting, using or possessing marijuana, you must be prepared to be questioned by law enforcement. If you fail to do so, it means you are against the law.
Apart from all these laws, we would like to tell you that according to the concern of Federal Law, the possession or consumption of marijuana is still illegal. But you will be pleased to know that after the amendment of the local laws since 2018, the federal law has put no efforts to step inside.
Laws related to the sales of Marijuana in California
- Not everyone can sell marijuana in California. You must have a government-approved license in order to sell inside the state.
- If you are selling marijuana without any legal license, it will be considered as a crime and you may end up in jail for this crime and/or will be charged with a fine up to $500.
- If you are found to sell marijuana without a proper license, you will be charged a fee up to three times the amount of the license for every violation under the civil penalties act.
In a nutshell
If you ever think that being a resident of California, what laws you must follow in order to consume marijuana for personal as well as medical purposes, then it is the time to stop thinking.
It is the time when you need to stop asking everyone, Is Marijuana Legal In California?
We have provided you with every possible information related to the local, federal, as well as city laws of the uses of marijuana.
We hope the above information was useful to you. If you want us to add any other opinion or notion, please do share your views in the comments box provided below.