Marijuana is a hot and heavily debated topic. With all the changes, discussion about changes, and differing laws between states, citizens often become confused about what the real laws in their state really are. If you are a California citizen wondering whether marijuana is legal for you, the answer is not as simple as you might think.
Medicinal marijuana was legalized in California in 1996, but recreational use of marijuana is still prohibited by both state and federal law. And there are still some restrictions for those who legally use medicinal marijuana.
Can I possess marijuana?
It is a crime to possess more than one ounce of marijuana, unless you are a legal medical marijuana user (meaning you have a prescription from a licensed physician) or you are the primary caregiver of a legal medical marijuana user. If you have less than one ounce of marijuana in your possession, and you do not have a prescription, you could be fined. Possessing more than one ounce of marijuana carries higher penalties depending on the quantity. Possessing marijuana while driving can result in additional fines. If you have marijuana in your possession while you are in a school zone, depending on the quantity and type of marijuana, you could get up to three years in jail.
Can I grow marijuana?
You must either be a legal medical marijuana user or primary caregiver to legally plant, grow, harvest, dry, or process any part of the marijuana plant. If you are not either of these, you could face up to three years in jail.
Can I sell marijuana?
No, you cannot sell marijuana, and you cannot have marijuana in your possession with the intent to sell. You can be charged with the “intent to sell” if you have a large amount of marijuana, the presence of items used to measure or divide marijuana (baggies, scales, etc.), marijuana divided into multiple containers, cash, weapons, or simply if the arresting officer believes the marijuana was for sale.
Can I transport marijuana?
If you are a legal medical marijuana user or primary caregiver, you may transport marijuana as long as it is for the patient’s personal use and it is an amount reasonably related to the patient’s current medical needs. If you don’t have a prescription, it is illegal to transport, import, furnish, administer, give away, or offer marijuana. It is also illegal to attempt to do any of these things.
If you have questions about marijuana, contact David Knecht at davidknechtlaw.com.
