California was the first state to legalize medicinal marijuana and, in 2016, was one of four states to legalize recreational use. While California is often associated with free-use of cannabis, there are some rules that should be considered.
Throughout this article, we’re going to detail everything you need to know about the laws and regulations surrounding cannabis in California.
Recreational Cannabis in California
Under the Adult Use of Marijuana Act (AUMA), anyone 21 years of age or older is allowed to
- possess, process, transport, purchase, obtain, or give away (to persons 21 or older), no more than an ounce (28 grams) of cannabis or 8 grams of concentrated cannabis.
- Cultivate, possess, plant, harvest, dry, or process no more than six live cannabis plants and possess the produce of these plants.
Under AUMA, there are a few other regulations:
- Any cannabis in excess of one ounce is stored in a person’s private residential property, in a locked space, and not visible to the public.
- No more than six plants are planted at any one residence at one time.
- Local governments may impose reasonable restrictions on cultivation, but may not forbid cultivation indoors in a residence or accessory structure that is fully enclosed and secure. Locals are free to prohibit outdoor cultivation altogether until such time as adult use is made legal under federal law.
If you are to violate the regulation of six plants or less for personal use, this can result in a $250 infraction.
Prohibited Recreational Laws
Through AUMA, adults ages 21 or over who decide to use cannabis are not allowed to:
- Smoke, vaporize, or ingest cannabis/cannabis products in a public place (can result in a $100 infraction).*
- Smoke or vaporize cannabis in a non-smoking area or within 1,000 feet of a school, daycare, or youth center while children are present unless they are in a private residence (can result in a $250 infraction).
- Consume or possess an “open container” of cannabis while driving or riding as a passenger in any motor vehicle, boat, or airplane (can result in a $250 infraction).
Under the above-mentioned regulations, even if you are just a passenger in a vehicle, it remains illegal to consume or possess an open container of cannabis.
You’re also not allowed to possess or use cannabis on the grounds of a school, daycare or youth center where children are present (this can result in a $100 fine).
It’s important to note that it’s also illegal to manufacture concentrated cannabis with a volatile solvent (with the exception of state-licensed manufacturers). This includes chemicals like butane.
*Exception, local governments may permit cannabis consumption on-site at state-licensed premises.
Other Regulations
While AUMA legalized recreational use of cannabis, it does not appeal, affect, or preempt:
- The rights of an employer to maintain a drug and alcohol-free workplace (to have policies that forbid use of cannabis by employees).
- The ability of landlords and other private parties from prohibiting or restricting the use of cannabis on their private property.
- The ability for government agencies to prohibit or restrict cannabis use within a building they own and/or occupy.
Medical Cannabis in California
Cannabis was initially legalized for medicinal use under Proposition 215 and continues even under AUMA. Under Prop 215, patients and their designated caregivers are allowed to possess and cultivate cannabis for personal medical needs.
In order to obtain a California medical marijuana card, you must be recommended and approved by a California-licensed physician.
Under Prop 215, patients have no set limit on the amount of cannabis they can possess and cultivate. Therefore, if you have a medical marijuana card, you’re allowed to hold more than one ounce and cultivate more than six plants.
There is also no age limit when it comes to medical cannabis use. However, minors under the age of 18 must receive permission from their parents or guardians in order to obtain a medical marijuana card.
Cannabis Penalites in California
If you are a juvenile and caught with marijuana, you are exempt from criminal fines and imprisonment for cannabis offences. However, you may be subjected to community service, drug education, and/or counseling.
If you are between the ages of 18 and 21 and don’t hold a medical marijuana card, you can be subjected to a non-arrestable infraction for cannabis possession. For first-time offenders, this includes a $500 fine and/or six months in jail.
However, if you can be charged with a felony if:
- You’re a repeat offender
- You’re a violent offender
- You’re an environmental offender
- You’re involved with minors
Possession Charges
If you are 18 to 21 and caught with one ounce of cannabis or less of cannabis, you may be subjected to a $100 infraction.
If you are in possession of more than one ounce (or more than 8 grams of concentrates), you are subjected to a misdemeanor.
If you are in possession of one ounce or less on the grounds of a grade school, during school hours, you are subjected to a $250 infraction for a first-time offense. If it’s a subsequent offense, you’re subjected to a misdemeanor which is punishable by 10 days in jail and a $500 fine.
Cultivation Charges
If you are between the ages of 18 and 21 and caught with six plants or less, you are subjected to a $100 infraction.
If you are caught with more than six cannabis plants, you are subjected to a misdemeanor. However, felony enhancements are allowed for:
- Persons with two or more prior convictions for illegal cultivation
- Offenders who hold two prior violent felony strikes and registered sex offenders
- Violation of specified environmental statutes regarding illegal diversion or discharge of water, hazardous waste, endangered species, etc.
Possession of Cannabis for Illegal Sale
If you are believed to be selling cannabis illegally, it is considered a misdemeanor. However, felony enhancements are allowed for:
- Third-time offenders
- Offenders who hold two prior violent felony strikes and registered sex offenders
- Selling to minors (anyone under the age of 18)
- Employing person(s) 21 and over to help sell, cultivate, and transport cannabis.
These laws are applicable for illegally selling, furnishing, administering, giving away, transporting (for sale), or importing into another state.
Driving Under the Influence
If you are caught driving under the influence of cannabis, this will result in similar charges to an alcohol-related DUI penalty.