Since the passing of the 1996 Compassionate Use Act, the laws regarding medical and recreational cannabis have changed drastically over the past decade. Previously, it was only legal to use marijuana for medicinal purposes in the state. However, after the introduction of the Adult Use of Marijuana Act (AUMA), California made it legal to enjoy pot for everyone.
That said, there are certain regulations that the industry must adhere to and guidelines that individuals must follow to avoid legal trouble. Goss Law and our criminal defense attorneys have a deep understanding of the state and federal laws, including the recent AUMA, and can guide defendants accordingly.
If you're facing drug-related charges in Sacramento, California, don't panic. Give us a call and speak to our skilled lawyers to learn more about your legal options! We can also answer questions such as What are the laws for cannabis advertising in California?
Are There Any Limitations on Recreational Marijuana?
Although it is legal to buy and sell cannabis in The Golden State, there are certain restrictions on recreational marijuana. Buyers cannot purchase weed as a gift for anyone under the age of 21.
Another thing to remember is that while smoking marijuana and consuming cannabis products in California is legal, it's only allowed on private property.
Landlords can ban recreational marijuana activities on their premises, which is why it's important for tenants to check their agreements to avoid evictions.
How Much Cannabis Can You Buy Per Day in California?
Regulating the amount of cannabis an individual can buy, whether it is medicinal or recreational, is far more challenging than one can imagine. There needs to be proper systems in place that check previous records to determine whether the buyer is eligible to buy more marijuana.
Currently, there is no law that specifically mentions the amount of cannabis Californians can purchase in a single day. However, the AUMA provides certain guidelines for possessing marijuana, and these include the following:
Possessing Marijuana
Just a little over an ounce of marijuana (no more than 28.5 grams) is legal to carry in California for people aged 21 or older. Cannabis retailers cannot sell more than this amount to a single buyer.
Possessing Cannabis Concentrates
The law allows individuals (21 and over) to possess up to eight grams of concentrated cannabis or hashish. Buyers cannot buy more than this amount from recreational or medical marijuana dispensaries at any given time.
Possessing Medical Marijuana and Cannabis Products
Qualified medical cannabis patients cannot maintain more than six mature or 12 immature marijuana plants. Under the Health and Safety Code Section 11362.77, they can purchase no more than eight ounces of medicinal cannabis.
Cannabis Regulations: Things to Remember Before Purchasing or Consuming Marijuana in California
Since AUMA extends California's medical marijuana laws to recreational use, smoking cannabis or possessing marijuana is legal in The Golden State.
However, it's important to note that weed is still illegal under federal law, and there could be serious consequences for anyone caught consuming this drug in public places or on federal property, such as national parks.
A key thing to remember for marijuana users is that they can only buy weed from reputable cannabis businesses with proper licenses issued by the Bureau of Cannabis Control.
Adherence to California marijuana laws is essential to avoid legal trouble. Cannabis products purchased from unlicensed distributors or companies are illegal.
While law enforcement remains focused on large-scale seizure operations, it's not looking to catch individuals. However, it is still a risk that Californians should avoid.
Unlicensed sale of cannabis products is a misdemeanor offense, which can result in up to six months of county jail, a maximum fine of $1,000, or a combination of both.
When Is the Possession of Recreational and Medical Marijuana Considered Illegal in California?
The California Health and Safety Code provides guidelines on when it is illegal to carry or possess recreational or medical marijuana in the state, and these include the following:
Possession of more than one ounce of cannabis flower
Possession of marijuana (any quantity) by anyone under the age of 21
Possession of more than eight grams of concentrated cannabis
Possession of marijuana buds or concentrated cannabis on school grounds while classes are in session
What Are the Penalties for the Illegal Possession of Cannabis in California?
Although cannabis consumption is legal in California, users need to adhere to local and federal laws. Violations can lead to punishments depending on the severity of the offense.
The following are the penalties for the illegal possession of cannabis in California:
Possession of marijuana or concentrated cannabis by people under the age of 21
Infraction
Punishment: Educational classes, community service, or both
Maximum fine: $100 for defendants 18 and over
Possession of more than 28.5 grams of marijuana or eight grams by people 18 years or older
Misdemeanor
Punishment: A maximum of six months in county jail
Maximum fine: $500
Possession of more than 28.5 grams of marijuana or four grams of concentrated cannabis by people under the age of 18
Infraction
Punishment: Educational classes, community service, or both
Possession of marijuana or concentrated cannabis on school grounds by people under the age of 18
Infraction
Punishment: Educational classes, community service, or both
Possession of marijuana or concentrated cannabis on school grounds by people 18 years and older
Misdemeanor
Punishment: Fine for the first offense
Maximum fine: $250
Skilled Defense Attorneys Can Help Navigate the Complex California Marijuana Laws!
While many states have yet to legalize medical marijuana and recreational cannabis use, California took its first step towards accepting pot culture in 1996. Since then, there have been many changes to the law, which can make it difficult for defendants to navigate the legal landscape.
Fortunately, a skilled drug crime attorney in Sacramento at Goss Law can help. They know the state and federal laws and can help investigate the facts surrounding the case.
Whether it's an illegal arrest or a mistake by the defendant, experienced lawyers can protect their rights and ensure speedy justice. They can also assist with questions like Is it legal to send cannabis in the mail in California?
Fight for Your Rights with Goss Law!
If you're facing drug-related charges for the possession of marijuana in Sacramento, California, call us to schedule a free consultation with our reputable criminal defense attorneys. We will work tirelessly to help you avoid a jail sentence or have your charges reduced!