How Much Marijuana Can You Legally Possess in California
| • Legal Adult-Use Activities | • Prohibited Activities |
| • How Tin can I Obtain Cannabis Legally? | • Penalties |
| • Rights of Prop 215 Medical Users | • Driving Nether the Influence |
| • Taxes | • Asset Forfeiture |
| • State Licensing | • Federal Law |
| • Industrial Hemp | • Clearing Records of Prior Convictions |
Also see: List of CA Marijuana Laws Pursuant to Prop 64 (the Adult Employ of Marijuana Human action)
Notice a CalNORML Legal Committee Chaser
Adult employ of cannabis is legal in California under Prop. 64, the Adult Employ of Marijuana Act (AUMA), approved by the voters on November eight, 2016. In general, AUMA allows adults 21 and over to possess, privately use, and give away upward to 1 ounce of cannabis, and to cultivate no more than than half dozen plants for personal utilize at their residence. Information technology also legalizes the commercial sale, distribution and production of cannabis for developed use at state-licensed facilities first January 1, 2018, nether terms spelled out in the Medical and Adult Utilise of Cannabis Regulation and Safety Human activity (MAUCRSA) approved past the legislature in 2017. Local city and county governments can restrict or ban cannabis businesses in their jurisdiction.
Cannabis remains legal for medical use by patients of all ages who have a physician'south recommendation under California'due south 1996 medical marijuana law, Prop. 215. Prop 215 affords somewhat broader rights to possess and cultivate for personal apply than AUMA. Prior to AUMA, the auction, product and distribution of medical cannabis by so-called patients' collectives was authorized in loose terms under a constabulary known equally SB 420 (2004). Withal, SB 420 collectives will exist phased out and subsumed in the state regulation and licensing arrangement beginning in 2018.
The Bureau of Cannabis Command in the Dept. of Consumer Affairs is in charge of licensing and regulating retail sales, distribution, and testing; the Dept. of Food and Agriculture is in charge of cultivation; and the Dept. of Public Health is in charge of manufacturing. Prior approval by local city or county governments is required for all country-licensed facilities. Further info on state regulations may be found at the California Cannabis Portal.
Legal Adult-Use Activities
Under AUMA it is LEGAL for any developed 21 or over to:
(1) Possess, process, transport, purchase, obtain, or give away to persons 21 or older, non more than than one ounce of cannabis or 8 grams of concentrated cannabis [HSC 11362.1(a)(1) and (ii)].
(2) Cultivate, possess, establish, harvest, dry or process not more than 6 live plants and possess the produce of the plants [HSC 11362.i(a)(3)
PROVIDED:
(a) Whatever cannabis in backlog of one ounce is stored in the person'south private residential property, in a locked infinite, and not visible from a public identify. HSC 11362.two
(b) No more half dozen plants are planted at any i residence at in one case.
(c) Local governments may impose reasonable restrictions on cultivation, but may non forbid cultivation indoors in a residence or accessory structure that is fullly enclosed and secure. Locals are free to prohibit outdoor cultivation altogether until such time as adult use is made legal under federal police force. (HSC 11362.2(b)).
Violation of restrictions on personal utilize tillage is a $250 infraction for six plants or less [HSC 11362.4(e)].
Prohibited Activities
Nether AUMA, Cannabis users may Not [HSC 11362.3 – 11362.4]:
•Smoke, vaporize or ingest cannabis or cannabis products in any public place ($100 infraction).
Exception: local governments may permit on-site consumption at state-licensed premises in their jurisdiction [BPC 26200(g)].
• Smoke or vaporize cannabis in any non-smoking expanse, or inside 1,000 feet of a school, 24-hour interval care or youth center while children are present, except privately at a residence. ($250 infraction)
• Consume cannabis or possess an "open container" of cannabis while driving or riding as a rider in whatsoever motor vehicle, boat, or airplane ($250 fine).
Exception: consumption by passengers may be permitted in commercial vehicles specifically licensed for such purposes without children nowadays.
(Open containers are divers to mean any receptacle containing cannabis or cannabis products that has been opened or has a seal broken, or loose cannabis blossom not in a container, except when in the trunk of the vehicle. Exception: Qualified Prop 215 patients conveying an ID card or recommendation may possess cannabis in a container that is closed or resealed [VC 23222].)
It is likewise unlawful to use cannabis while in a car nether Vehicle Code 23220 & 23221 fifty-fifty if you lot are a passenger. This is besides true for cannabis edibles.
• Possess or use cannabis on the grounds of a school, day care or youth middle while children are present. ($100 fine).
• Industry concentrated cannabis with a volatile solvent (except for state-licensed manufacturers). Volatile solvents include explosive chemicals like butane just not ethyl booze.
Other Restrictions
[HSC 11362.45]
AUMA does not repeal, touch on or preempt:
• The rights of employers to maintain a drug and booze-gratuitous workplace, or to have policies forbidding utilise of cannabis by employees
• The ability of landlords and other private parties from prohibiting or restricting use of cannabis on their privately endemic belongings
• The ability of government agencies to prohibit or restrict utilise of cannabis inside a building they own or occupy
Rights of Prop 215 Medical Users
California'southward medical cannabis laws under Proposition 215 remain in effect under AUMA. Prop 215 gives patients and their designated primary caregivers the right to possess and cultivate cannabis for their personal medical needs given the recommendation or approval of a California-licensed physician. Considering there is no set limit on the corporeality patients may possess or cultivate, the statement can be made that patients may legally possess more than the ane ounce and 6 plants allowed under AUMA if their medical needs require. Patients who do and so should exercise discretion past keeping their stash at habitation and not conveying more than than 1 ounce in public.
At that place is no age limit on medical use. Minors under historic period eighteen demand permission from their parents or guardians to employ medical cannabis. Young adults age xviii-20 are allowed to visit land-licensed medical dispensaries, simply not adult-use ones.
Patients who have state medical cannabis ID cards are exempt from the sales revenue enhancement on medical cannabis and cannabis products [BPC 34011(g)].
The parental rights of qualified Prop 215 patients are protected by AUMA in family and juvenile court proceedings (HSC 11362.84)
Prop. 64 added Section 26033 to the Business and Professions Lawmaking, protecting patients and main caregivers who cultivate an unspecified amount for themselves or no more than five patients, if they receive bounty simply under Subdivision (c) of Section 11362.765 of the Wellness and Prophylactic Code. Nether Prop 215, patients are withal entitled to grow and possess whatever corporeality of marijuana is consistent with their medical need, though this is subject to local limits and land-use restrictions, including bans. Locals may not ban half-dozen-plant-per-parcel gardens under Prop. 64, though they may "reasonably regulate" them, including banning outdoor cultivation.
How Can I Obtain Cannabis Legally?
Adults 21 and over can buy cannabis at retail dispensaries with an "A" adult apply license as of Jan 1, 2018.
Medical users eighteen and over with a California physician's recommendation can buy at stores with an "K" medical use license. Some medical cannabis collectives may continue to operate temporarily during the transition to state licensing, only they must obtain a land license within a twelvemonth.
Dispensaries can apply for both "A" and "One thousand" licenses. Some localities are allowing medical sales but, while others are banning both medical and adult-apply. Only a limited number of California cities and counties are allowing "A" dispensaries in 2018.
Consumers can also take cannabis delivered from licensed type "A" and "G" delivery services.
Delivery services can operate in regions that don't allow dispensaries, except for a handful of localities that accept banned deliveries altogether (the legality of delivery bans is uncertain and may be challenged).
Information technology is legal for any adult to buy or receive an ounce of cannabis from some other, and to give away up to ane ounce without compensation to other adults. Adults can also grow up to six plants at their residence.
Taxes
Retail sales of cannabis are subject field to the standard state sales and use tax of vii.5% – 9.25%.
Exception: Medical users with a state medical cannabis ID card are exempt from the sales tax for type "One thousand" medical cannabis.
Many local governments assess boosted taxes on cannabis businesses, ranging equally loftier as 10-20% of total revenues.
As of Jan 1, 2018:
• All retail sales of cannabis are subject to an additional 15% excise taxation.
• Licensed commercial growers must pay a cultivation tax of $9.25 per ounce on cannabis flowers (or $2.75 on leaf)
Criminal Penalties for Cannabis Offenses
(HSC 11357-11362.ix)
Juvenile offenders: In general, AUMA exempts juveniles under 18 from criminal fines and imprisonment for cannabis offenses.Instead, they are sentenced to community service, drug education or counseling.
Adult offenders: Most offenses for adults 18 and over are punished either as non-arrestable infractions subject field to a fine, or as criminal misdemeanors. For misdemeanors, the maximum judgement is usually a $500 fine and/or six months in jail. Felony enhancements may be charged in aggravated circumstances such every bit repeat or violent prior offenses, ecology offenses, interest of minors, etc. Likewise, prosecutors can charge violators with felony conspiracy to commit a misdemeanor if more than than ane person is involved in the crime.
• Illegal Possession (HSC 11357)
Underage possession of one ounce or less by persons 18-21 is a $100 infraction. (For juveniles <18, no fine only customs service and/or drug counseling)
Illegal possession of more one ounce (or 8 grams of concentrates) is a misdemeanor.
Possession on the grounds of a grade school of i ounce or less during school hours is a $250 infraction for start offense; subsequent offenses are misdemeanors punishable past maximum x days in jail and $500 fine.
• Illegal Cultivation (HSC 11358)
Underage cultivation of six plants or less by persons 18-21 is a $100 infraction.
Illegal cultivation, harvesting, drying, or processing of more than than six plants is a misdemeanor.
Felony enhancements allowed for:
– persons with two or more prior convictions for illegal cultivation,
– offenders with 2 prior tearing felony "strikes"
and registered sex offenders
– violation of specified environmental statutes regarding illegal diversion or discharge of water, chancy waste product, endangered species, etc.
• Possession With Intent to Sell (HSC 11359)
Possession of cannabis for illegal sale is a misdemeanor.
Felony enhancements allowed for:
-3rd time offenders
-offenders with ii prior fierce felony "strikes"
and registered sex offenders
-knowing sale to minors <18; or
-employing persons <21 to help sell, cultivate, transport, etc.
• Illegal sale, import, transport, or distribution (HSC 11360)
Illegal selling, furnishing, administering, giving away, transporting for auction or importing into the state is a misdemeanor.
Felony enhancements allowed for:
– importing into country or transporting for sale out of state more than 1 ounce of cannabis or iv grams of concentrate
– 3rd time offenders
– offenders with two prior trigger-happy felony "strikes"
and registered sex activity offenders
-knowingly providing to minors <18
• Employing or providing to minors (HSC 11361)
This statute was non de-felonized by Prop 64. Employing a small-scale in cannabis sales or distribution, and selling or furnishing cannabis to a minor are felonies punishable by prison sentences of 3 years or more than.
Clearing Records of Prior Cannabis Convictions
(HSC 11361.7 & 11361.8)
Prop 64 eliminated or downgraded most cannabis offenses from felonies or misdemenors to misdemeanors or infractions. Persons who accept a prior conviction for an crime that would have received a bottom or no punishment had Prop 64 been in result may petition the court for resentencing or dismissal and accept their records changed appropriately. Most persons with felony records for marijuana offenses from before November 2022 tin have their felonies cleared under this provision. Forms to file for Prop 64 resentencing are available from the California Judicial Quango.
Read more than.
Driving under the influence
It is unlawful to drive while nether the influence of marijuana or alcohol or any other drug by Vehicle Code 23152. "Under the influence" is non explicitly defined in the statute, but is interpreted to imply some degree of impairment. Therefore the mere fact of having taken a toke of marijuana does not necessarily mean one is DUI. For evidence of impairment, officers may administrate a field sobriety test. Arrestees may too be required to submit to a claret or urine test under Vehicle Code 23612 or else forfeit their licenses. Since marijuana is detectable for much longer periods in urine than in claret (several days vs. several hours), a positive urine test constitutes much weaker proof of recent employ and damage than a positive blood test. In some jurisdictions, constabulary are testing motorists with oral swab tests. Under current law, constabulary cannot compel you lot to take a swab examination like they tin a blood or urine test. Oral swab tests tin detect marijuana for a couple of hours to equally long as a day or more than after apply.
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Asset Forfeiture
Unlike federal law, California law requires a confidence for forfeiture of holding involved in a drug crime. Also unlike federal law, state law does non permit forfeiture of personal real estate for marijuana cultivation. Vehicles may exist forfeited only if x pounds or more of marijuana is involved. Wellness and Safety Lawmaking 11470. However, state regime tin can choose to turn major violators over to federal prosecutors, in which instance they may share in federal forfeiture proceeds.
Federal Law
AUMA does not apply on federal belongings. Possession in national parklands including Golden Gate Recreation Area is illegal. Marijuana, including both THC and CBD, remains an illegal Schedule I substance under the U.S. Controlled Substances Human action. Federal charges are typically brought only in large cases where commercial distribution is suspected (eastward.grand., tillage of several hundred plants), or where the government stands to gain substantial avails through forfeiture.Text of the Controlled Substances Human activity.
Industrial Hemp
(CA Food & Agriculture Code
Sectionalisation 24, FC 81000 – 81010)
AUMA authorizes the production of industrial hemp under regulations to be promulgated by the California Section of Food and Agronomics. Hemp is not taxed, regulated or licensed by the Bureau of Cannabis Control similar cannabis intended for human consumption. Hemp growers are required to annals with their local canton agricultural commission, simply no procedures for doing so have been established as of Dec 2017.
Land Licensing
Licensing is required for all phases of the cannabis manufacture including tillage, testing, industry, distribution, transport and retail sales. All cannabis products must be tested by a land-licensed lab and pass though the hands of state-licensed distributors, who also collect taxes on cultivation and retail sales. The following license types are established under state police (BPC 26050):
Type I "Specialty outdoor"- no artificial lighting, cultivated area less than v,000 sq ft awning or 50 plants on noncontiguous plots
Tupe 1A "Specialty indoor" –
indoor cultivation using exclusively artificial lighting between 501 and 5,000 sq ft.
Type 1 B "Specialty mixed-light" – combination of natural and artificial lighting between ii,501 and 5,000 sq ft.
Type i C "Specialty cottage" – 2,500 sq ft or less mixed calorie-free or up to 25 mature plants outdoors or 500 sq ft indoor cultivation
Blazon ii "Small-scale Outdoor" – no artificial lighting, v,001 -10,000 sq ft
Type 2A "Minor indoor – exclusively bogus lighting, 5,001-10,000 sq ft
Blazon 2B "Small mixed-light" 5,001-10,000 sq
Type three "Medium Outdoor" 10,001 sq ft – one acre (=43,560 sq ft)*
Type 3A "Medium Indoor" 10,001 – 22,000 sq ft.*
Type 3B "Medium Mixed-Light" 10,001 – 22,000 sq ft.*
*The Dept of Nutrient and Agriculture shall limit the number of type iii licenses
Type 4 "Nursery" for cultivation
Blazon 5 "Large Outdoor" tillage over one acre**
Type 5A "Big Indoor" over 22,000 sq ft.**
Type 5B "Large Mixed-light" over 22,000 sq ft.**
** No type 5, 5A, 5 B licenses may be issued before Jan 1, 2023.
Type 6 – "Manufacturer one" not using volatile solvents
Type seven – "Manufacturer ii" using volatile solvents
Type eight – Testing laboratory. May not agree any other kind of licenses.
Type 10 – Retailer
Blazon 11 – Distributor – responsible for collecting taxes, testing, and transporting to retailers. Retailers must purchase cannabis through a distributor.
Type eleven – Distributor Transport Only (CA Code of Regulations Section 5014)
Type 12 – Microbusiness –
Combination license to cultivate < 10,000 sq ft, industry (Type 6 only), distribute, and retail.
Event Organizer License (CA Code of Regulations Section 5600).
Persons may hold any combination of licenses, except for testing labs and Type five big cultivators, which can hold no other license types.
Application and license fees are established in the CA Code of Regulations past the responsible agencies.
Search for cannabis licensees
List of CA Marijuana Laws Pursuant to Prop 64 (the Adult Use of Marijuana Deed)
Wellness and Rubber Code Division 10, Uniform Controlled Substances Deed Chapter 6, Article 2. Marijuana (11357-11362.ix)
HSC 11018: Marijuana defined
HSC 11357: Possession of marijuana
HSC 11358:
Planting, Harvesting or Processing [Tillage]
HSC 11359:
Possession for Sale
HSC 11360: Unlawful Transportation, Importation, Sale or Gift
HSC 11361: Employing minors or giving to minors 14 or under.
HSC 11361.five, 11361.7 and 11361.viii Devastation of Arrest and Conviction Records
HSC 11362.ane Lawful activities for developed users under Prop. 64
HSC 11362.two Restrictions on personal use cultivation
HSC 11362.iii and 11362.iv Restrictions on use in public places, at schools & while driving, and manufacture using volatile solvents.
HSC 11362.45 Restrictions regarding minors, employee rights, use on private holding
VC 23152(f-g) and 23162 DUI – Driving nether the influence
VC 23220 & 23221 Using cannabis in a vehicle
VC 23222(b) Driving/riding with open container
CA Medical Marijuana Laws Pursuant to the Compassionate Use Deed of 1996 (Prop215)
HSC 11362.v Prop 215 – Text of Prop. 215 Initiative (tin can't be amended past legislature)
HSC 11362.7 – 11362.85 CA Medical Marijuana Program Human action (SB 420)
– implementing legislation re: state ID card plan, caregivers and collectives
HSC 11362.9 California Marijuana Research Program
BPC 2525 – 2525.5 Recommending medical cannabis – Physician conflicts of interest and advertising
Medical and Adult Use Cannabis Regulation and Safety Deed
Concern & Professions Code, Diviison ten, Sec. 26000-26231.ii
Licensing rules for medical & adult-apply cannabis businesses nether regulations effective January 1, 2018.
Marijuana Taxes
Revenue & Tax Code Division two, Role 14.5 Sec. 34010-34021.five
Applicable to both adult use and medical cannabis effective Jan i, 2018. Proceeds allocated to California Marijuana Taxation Fund and disbursed to specified programs.
Industrial Hemp
HSC 11018.5 – Industrial hemp defined
Food & Ag Code 81000-81010 – Industrial hemp regulations (effective January 1, 2017)
Miscellaneous Laws
HSC 11379.vi and HSC 11362.775 : Industry of concentrates with chemicals and volatile solvents.
WC 13276 Water belch requirements
FGC 12025-12029 – Fish and Game lawmaking Fines & Penalties
Labor Code 147.six – Report on second-hand smoke exposure by employees
California Law search total text of codes: http://leginfo.legislature.ca.gov
Source: https://www.canorml.org/california-laws/california-cannabis-laws/
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