On November 2016, the voters of California approved Proposition 64 – also known as the Adult Use of Marijuana Act – which makes the recreational use and purchase of marijuana legal.
According to the new law, adults 21 years old and over may buy, possess, and consume up to one ounce of marijuana in their private residence or in an establishment licensed for marijuana consumption. It is also now legal to possess up to eight grams of concentrate (e.g. hashish or wax).
Furthermore, adults 21 years old and over are allowed to grow up to six marijuana plants and keep the bud that is produced. However, cultivation must take place in a secure space which is not visible to the public eye.
New Marijuana Penalties
If a person under 18 years old or younger is caught with any amount of marijuana, they are subject to a mandatory drug education course and community service. If a person 21 years of age or older is caught in possession of over an ounce of marijuana, it is considered a misdemeanor punishable by a maximum jail sentence of six months and a fine of up to $500.
Sale without a license is considered a misdemeanor punishable by a maximum jail sentence of six months and a fine of up to $500. Regulations for legal producers, retailers, and other associated marijuana businesses will be set forth at the beginning of 2018.
Additional limitations include the following:
- You cannot consume marijuana in public
- You cannot consume marijuana while driving or as a passenger in a car, boat, or plane
- Landlords may forbid the possession of marijuana on their property
- Employers may still enforce “drug-free” policies which including screening for marijuana
For more information, contact our Santa Barbara criminal defense lawyer at Appel & Morse today.