California Marijuana Law: Effective Date And Application

Marijuana laws in California have undergone a series of changes since the state became the first to legalise medicinal cannabis in 1996. In 2016, California voters approved the Adult Use of Marijuana Act (Proposition 64), legalising the recreational use of cannabis. However, marijuana remains illegal under federal law, creating a complex dynamic for businesses and consumers. California's cannabis laws are strictly regulated to ensure safe business operations, product safety and purity, and to keep cannabis away from children.

Medical vs recreational use

California was the first state to legalise the use of marijuana for medical purposes in 1996, when voters passed the Compassionate Use Act. Since then, several other states have followed suit. Marijuana for medical use is distinct from marijuana for recreational use, in that it is used for medical purposes, and is subject to different regulations.

Medical Marijuana

Medical marijuana is state-regulated cannabis that is intended for medical purposes. To purchase medical marijuana, you must have a healthcare professional's authorisation and approval from the state. This usually involves enrolling in a state's medical cannabis program, and getting a "card". The specific requirements vary between states, with some having a specific list of health conditions that qualify a person for medical marijuana, and others leaving it to the prescriber to decide.

Medical marijuana is often used for chronic pain, anxiety, insomnia, and depression. It is also used for conditions such as epilepsy, multiple sclerosis, and nausea from chemotherapy. Medical marijuana is also used to treat post-traumatic stress disorder, anorexia and weight loss, irritable bowel syndrome, inflammatory bowel disease, substance use disorders, traumatic brain injury, Huntington's disease, Parkinson's disease, and Alzheimer's disease.

Recreational Marijuana

Recreational marijuana is also known as adult-use cannabis. It refers to laws that allow anyone over the age of 21 to buy cannabis products without a doctor's recommendation. As of April 2023, 24 states, two territories, and the District of Columbia have legalised adult-use cannabis.

Differences

Medical and adult-use (recreational) cannabis are two categories of state-regulated cannabis in the U.S. The cannabis plants used to make medical and adult-use cannabis products are the same. However, each state has different regulations for the products sold in cannabis dispensaries.

The main ways medical and adult-use cannabis products can differ are:

• Potency: Some states have a cap on how potent cannabis products can be, while others allow more potent products in medical dispensaries, since they’re only accessible with a healthcare professional’s approval.
• Dosage forms: Different products may be available at different types of dispensaries. For example, capsules and tinctures are more common at medical dispensaries, while joints and gummies are more common at adult-use dispensaries.
• Contaminants: States often have regulations that limit the amount of contaminants in regulated products. Sometimes, these regulations are stricter for medical products, since people with medical conditions may be more sensitive to contaminants.
• Accessibility: You can only purchase medical cannabis with approval from a healthcare professional, and many states won’t allow you to purchase it with an out-of-state medical card. Adult-use dispensaries are generally open to anyone, whether they’re a state resident or not.
• Price: Medical cannabis is often more affordable than adult-use cannabis because it is not taxed as heavily.

Possession limits

For adults over 21, it is legal to possess up to 28.5 grams (approximately one ounce) of dried marijuana or up to 8 grams of concentrated cannabis (hashish). Possession of larger amounts is a misdemeanour and is punishable by up to six months in county jail and/or a fine of up to $500.

For adults between 18 and 21, possession of any amount of marijuana is a California infraction and is punishable by a fine of up to $100.

For minors under 18, possession of 28.5 grams or less is an infraction and is punishable by up to 10 hours of community service and four hours of drug education or counselling for a first offence. A second or subsequent offence is punishable by up to 20 hours of community service and six hours of drug education or counselling. Possession of more than 28.5 grams is also an infraction and is punishable by up to 60 hours of community service and 10 hours of drug education or counselling.

Possession of marijuana on school grounds carries additional penalties. For adults over 18, possession of 28.5 grams or less is a misdemeanour and is punishable by a fine of up to $250 for a first offence, and up to $500 or 10 days imprisonment for a second or subsequent offence. For minors under 18, possession of 28.5 grams or less is an infraction and is punishable by up to 40 hours of community service and eight hours of drug education or counselling for a first offence, and a fine of up to $250 for a second offence.

Growing at home

California has a long history with cannabis, dating back to 1795 when it was cultivated for fiber and rope at Mission San Jose under the governorship of Diego de Borica. Over the years, the state's laws around cannabis have evolved, and today, it is legal for medicinal and recreational use.

In California, individuals aged 21 and above are permitted to grow up to six cannabis plants at home for recreational use. Adults with a medical marijuana license may grow up to 12 live plants. However, there are specific regulations and restrictions that individuals must adhere to when growing cannabis at home.

Firstly, it is important to note that the number of plants grown at home is limited to either six mature or 12 immature plants per adult. Growing more than the permitted number of plants can result in legal consequences. For instance, cultivating more than six plants can be considered a misdemeanor, punishable by up to six months in jail or a fine of $500.

Additionally, the purpose of the cannabis grown at home must be solely for personal use. Selling or distributing cannabis without a state and local license is illegal and can lead to criminal charges. The sale of any amount of cannabis by someone aged 18 or older who does not possess a license to sell is a misdemeanor, punishable by up to six months in jail and/or fines up to $500.

The regulations also extend to the location and conditions of the home-grown cannabis. Individuals are prohibited from growing cannabis in public view or within 1,000 feet of a school, daycare, or youth center. The plants must be grown in a private residence, in a locked area that is not easily visible, and in compliance with local ordinances.

Furthermore, the state has strict laws regarding the transportation of marijuana. It is illegal to drive a vehicle with accessible cannabis inside. Even possessing a small amount of cannabis while driving can result in a minor infraction with a fine of $100. If the amount exceeds 28.5 grams or if a child is involved, the penalties become more severe.

It is also important to note that landlords and property owners have the right to ban the use and possession of cannabis on their properties. Therefore, individuals growing cannabis at home should be aware of any specific rules or restrictions that may apply to their residence.

In addition to the regulations mentioned above, there are also laws regarding the disposal and distribution of home-grown cannabis. It is illegal to discard cannabis plants or clippings in public places, such as parks or streets. Proper disposal methods should be followed to avoid environmental contamination and ensure compliance with local waste management regulations.

Regarding distribution, individuals are permitted to give away small amounts of cannabis (up to 28.5 grams) to other adults aged 21 and older as gifts. However, selling or giving cannabis to anyone under the age of 21 is strictly prohibited and can result in legal consequences.

Overall, while California allows individuals to grow cannabis at home, it is important to adhere to the state's regulations and restrictions. These laws are in place to ensure the safe and responsible use of cannabis and to prevent illegal activities associated with the drug. By complying with these regulations, individuals can avoid legal repercussions and contribute to the state's efforts to liberalize cannabis laws.

Penalties for public use

Marijuana is legal in California for both medicinal and recreational purposes. However, there are strict regulations in place, and penalties for public use vary depending on the user's age, the amount of marijuana in their possession, and the location of use. Here are the penalties for public use of marijuana in California:

Possession by a Minor (Under 18 Years Old)

• Up to four hours of drug education or counseling.
• Up to 10 hours of community service.

Possession by an Adult (Aged 18 to 20)

A $100 fine.

Possession on School Property by Anyone Over 18 Years Old

• A $250 fine for the first offense.
• A $500 fine and 10 days of incarceration for subsequent offenses.

Possession Exceeding 28.5 Grams (for Adults)

• Six months of incarceration.
• A $500 fine.

Intent to Distribute Any Amount (for Adults)

• Six months of imprisonment in county jail.
• A $500 fine.

Cultivation of More Than Six Plants (for Adults)

• Six months of incarceration.
• A $500 fine.

Possession of More Than Eight Grams of Concentrated Marijuana (for Adults)

• Six months of incarceration in county jail.
• A $500 fine.

Sale or Transportation of Marijuana Without Required Licenses (for Adults)

• Six months of incarceration in county jail.
• A $500 fine.

Inducing Use by a Minor (for Adults)

Three to seven years of incarceration.

Smoking, Vaporizing, or Ingesting Marijuana in Any Public Place

A $100 infraction.

Smoking or Vaporizing Marijuana Within 1,000 Feet of a School, Daycare, or Youth Center

A $250 infraction.

Possessing or Using Marijuana on the Grounds of a School, Daycare, or Youth Center

A $100 fine.

Consuming Marijuana or Possessing an "Open Container" of Marijuana While Driving or Riding in a Vehicle

A $250 fine.

Driving under the influence

California law states that a person is guilty of a DUI if they are driving under the influence of any drug or alcoholic beverage, or driving while addicted to a drug. However, the state must prove that the substance impaired the driver, not just that they had ingested the drug before driving. There is no exception for lawful users of medical marijuana.

The penalties for a DUI in California include:

• First offense: 96 hours to 6 months in jail
• Fine of $390 to $1,000
• 6-month license suspension
• Completion of a DUI program

The California Highway Patrol (CHP) estimates the cost of a DUI offense at approximately $13,500, including insurance hikes, attorney and legal fees, restricted licensing, and days off work to go to court.

It is important to note that there is currently no "per se" limit to the level of THC that someone can drive with in California, unlike the .08 blood alcohol limit. This means that the law considers whether the driver was unable to operate a motor vehicle safely due to the influence of marijuana, rather than a specific amount of THC in their system. However, other states like Colorado and Washington have a "per se" finding of impairment for drivers with 5 nanograms of active THC per milliliter of blood.

The impairing effects of marijuana are strongest during the first 30 minutes after consumption, and people who drive immediately after using marijuana may increase their risk of a crash by 25 to 35 percent. The effects can be delayed if the marijuana is ingested rather than smoked.

Frequently asked questions