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California's New Marijuana Law: What's Legal and What's Not

Posted on in Drug Crimes

This past November, California voters approved Proposition 64 by a margin of about 56% to 44%. This makes California the fifth state to legalize recreational marijuana. So what does California's new marijuana law mean for you?

What's Legal

California was one of the first states to legalize marijuana for medical use. It's been legal since 1996 and is still legal today.

The new law means anyone 21 and over can transport, use, possess, and share up to an ounce of marijuana. In addition, each household can grow up to six plants.

What's Not Legal

Even with the new law, you may still be subject to criminal penalties for possession and use. Here are the things you can't do:

  • Buy marijuana for recreational use. Even though some medical marijuana dispensaries have started to sell marijuana for recreational use, this is not yet legal. The state has not yet set up the rules for the recreational marijuana market.
  • Buy a marijuana plant. Someone can give you a plant, but you can't exchange money for one until the state sets up the legal market.
  • Have marijuana in a national park. National parks follow federal rules, not state. Arrests are rare, but fines can be $200.
  • Smoke or ingest marijuana in public. It can only be consumed on private property.
  • Take marijuana across state lines. This means you cannot bring marijuana on an airplane trip to another state.
  • Drive while under the influence of marijuana. The State Highway Patrol enforces DUI penalties against drivers.

In addition, employers can still enforce drug-free policies for their workers. Employers can drug test their employees and fire those who test positive for marijuana.

Have Questions?

If you need help navigating California's marijuana laws, contact us. The Law Offices of Erik Steven Johnson are here to stand up for your rights. Call us at 408-246-3004 for a free consultation today.

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