By Law Offices | Felicia Yates & Associates
In 1996, Proposition 215 (the Compassionate Use Act) was passed in California which paved the way for patients and caregivers to possess and cultivate marijuana for medical use only. In other words, you would have needed a Medical Marijuana Identification Card (MMIC) to legally possess and use.
On November 8, 2016, California voters passed Proposition 64 (the Adult Use of Marijuana Act). In doing so, it legalized the sale, possession, growing, and consumption of marijuana for any adult 21 years of age or older, for recreational purposes.
Medical Use Versus Recreational Use
One of the main differences between recreational and medical marijuana use in California, is that an individual holding a Medical Marijuana Identification Card or MMIC for medical use is allowed to possess up to eight (8) ounces of marijuana, whereas a recreational user is limited to 28.35 grams - the equivalent of only one (1) ounce of marijuana. Another key distinction is that recreational use is only allowed by persons 21 years of age or older, and medical use is allowed by anyone 18 years of age or older. California's Health & Safety Code outlines the type of medical conditions that would qualify an individual to possess a MMIC. The medical conditions include, but are not limited to, the following: AIDS, arthritis, cancer, chronic pain, migraines, and seizures. A written certification from a medical doctor or physician is required to confirm a qualifying condition.
How Is Marijuana Regulated & Where Should It Be Purchased?
The state of California has established the Bureau of Cannabis Control, which is responsible for the regulation and oversight of all medical and recreational cannabis (marijuana) operations within the state.
Any adult, 21 years of age or older, should purchase their recreational marijuana from a state-licensed dispensary. You would be well advised to ask the dispensary to verify that they are indeed a state-licensed facility. Please keep in mind, that purchases for recreational use, will include a thirty-five (35%) to forty-five (45%) effective tax. MMIC holders (making purchases for medical use) are exempt from paying any sales taxes.
Where Is It Legal to Consume & How Should It be Transported?
Under California laws, the consumption of marijuana is only permissible in a private space. If a business holds a commercial marijuana consumption license, then you would be allowed to consume marijuana inside the premises of that business.
You are not allowed to consume marijuana while operating a motor vehicle, or while riding as a passenger in a motor vehicle. You are allowed to transport a legal quantity of marijuana in your motor vehicle, but it must be stored in a sealed container, or stored in the trunk of your vehicle.
Lastly, an adult recreational user may transfer up to one (1) ounce, or 28.35 grams of dried marijuana to another adult (age 21 years or older) without violating any California laws.
Since everyone's case is unique to that individual and the specific circumstances, you should consult with a competent attorney with experience in the nuances of Cannabis & Marijuana laws, to determine your best course of action. Our office has expertise in this area of the law, and we encourage you to reach out for a free consultation. Attorney Felicia Yates has been practicing law for over 35 years in California and may be contacted at (702) 817-4661, via e-mail at attorneyfeliciayates@gmail.com, or via website at https://www.attyfeliciayates.com.
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