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Overview of California’s Marijuana Possession, Cultivation & Usage Laws

California is widely considered to be one of the states on the forefront of recreational and medical marijuana laws. Most people know that Californian voters legalized medical marijuana use decades ago and recreational marijuana use was decriminalized a couple years back. However, most people also do not know the details of that legalization.

Just how far did California’s laws on marijuana use go? If you are thinking of using recreational marijuana yourself, then what are you permitted to use before getting in legal trouble?

Recreational Marijuana Laws in California

Here is what every Californian should know about the state’s recreational or personal use marijuana laws:

  • You must be at least 21 years old to use, possess, or cultivate recreational marijuana in any amount.
  • You can possess or use up to 1 ounce of recreational marijuana without violating any laws.
  • You can be charged with a misdemeanor punishable by 6 months in jail if you are found to have more than 28.5 grams of recreational marijuana in your possession or control. The same is true if you have any amount and there is reason to believe you intended to unlawfully distribute it.
  • You cannot sell recreational marijuana without proper dispensary licensing in any amount.
  • It is technically an infraction to gift up to 28.5 grams to an adult over the age of 21, with maximum penalty of $100 fine, no jail time, and no charge on your criminal record.
  • You can cultivate up to 6 plants for your personal use without violating any laws. Any number of plants beyond 6 can trigger misdemeanor charges.
  • You can legally possess marijuana paraphernalia only if it is solely for your personal use.
  • You cannot use recreational marijuana in a public space or any private location that prohibits its use in any form.
  • You cannot legally operate a motor vehicle if you have any amount of THC – the psychotropic substance in marijuana – detectable in your system

Medical Marijuana Laws in California

Here is what every Californian should know about the state’s medical marijuana laws:

  • Your doctor can prescribe medical marijuana for the treatment of your ailments. It may be prescribed in various forms, such as inhalation or tinctures.
  • You can receive medical marijuana from a dispensary after receiving a marijuana card from your doctor. You must only collect amounts in accordance to your prescription.
  • You cannot share, gift, or use your medical marijuana with anyone else, just as you cannot share other prescription medications.
  • You cannot operate a motor vehicle after using medical marijuana in any amount, which may prove to be a complication if you must use it each day and before work.
  • You are required to renew your marijuana card and prescription through follow-up appointments with your primary care physician. You cannot obtain medical marijuana if your prescription has expired.

If you have more questions about how California allows or disallows marijuana use through its laws, you are not alone. The topic still confuses most recreational marijuana users. You can call (951) 749-5598 to connect with John Pozza Attorney At Law, PLC. Our Murrieta marijuana crimes attorney defends those accused of unlawfully possessing, using, or cultivating marijuana throughout the region.

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