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Weed Is Legal in CA, But There Are Limits

cannabis plant

Marijuana Sale & Possession in CA

Marijuana is legal for recreational use in California. Since 2016, adults have been legally allowed to smoke pot under certain restrictions. However, many people aren’t aware of what those certain restrictions entail. There is a time and a place for legal recreational use of cannabis, and our drug crimes defense attorneys are ready to explain everything you need to know to best prevent an accidental drug charge.

Possession & Consumption of Cannabis

Adults who are 21 and older must comply with the following requirements:

  • Possession of no more than 28.5 grams of cannabis plant material (about an ounce) and no more than 8 grams of concentrated cannabis.
    • Violators age 21 and older may be subject to a misdemeanor charge punishable by up to 6 months in prison and/or a $500 fine.
    • Violators under 18 are guilty of an infraction and must complete 8 hours of drug education or counseling and up to 40 hours of community service over a period of up to 90 days.
    • Violators who are at least 18 but less than 21 may get an infraction punishable by a $100 fine.
  • No possession or use of cannabis on the grounds of a school, daycare or youth center while children are present.
    • Violators under 18 may face a misdemeanor charge punishable by up to 10 days in a detention center and/or a $250 fine.
    • Violators over 18 may face a misdemeanor charge punishable by up to 10 days in jail and/or a $500 fine.
  • No possession with intent to distribute. Penalties for this offense include a misdemeanor charge punishable by up to 6 months in prison and up to a $500 fine.
  • No consuming, smoking, eating or vaping cannabis, or opening a package containing cannabis in public (sidewalks, business and residential areas).
  • No consuming cannabis where it is illegal: Bars, restaurants, buildings open to the public, places of employment and areas within 15 feet of doors and ventilation openings.
  • No consuming or possessing cannabis on federal lands, such as national parks, even if it’s in California

Sale & Delivery of Cannabis

An adult who is at least 18 years old and doesn’t have a license to sell cannabis must abide by the following laws:

  • No transporting, importing into CA, selling, furnishing, administering, or giving away; or offering to transport, import into CA, sell, furnish, administer, or give away; or attempting to import into CA or transporting any cannabis.
    • Violators who are age 18 and over will be guilty of a misdemeanor punishable by up to 6 months in jail and/or fines up to $500.
  • Do not do the following with any type of marijuana with a minor involved:
    • transport
    • carry
    • sell
    • give away
    • furnish
    • administer
    • prepare for sale
    • peddle

If the minor involved is under 14 years old, you may face 3, 5 or 7 years in jail. If the minor is 14 or older, you may face 3, 4 or 5 years in jail.

Need Legal Guidance? Let Us Know.

Our Santa Barbara drug crimes defense lawyers served as former prosecutors and understand the complexities of California’s cannabis laws. Legal recreational use is fairly new, which means a significant number of residents require more information and education about the state’s cannabis laws to best prevent a drug crime charge.

If you want to learn more about California’s cannabis laws, please don’t hesitate to contact (805) 467-6060 to schedule a free consultation!

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