CA: New Marijuana Laws Hazy

Katelyn Baker;3117500 said:

Proposition 64, which legalized possession of up to one ounce of marijuana for adults for recreational use, went into effect on Nov. 8 when California voters approved the initiative measure. Persons 21 years old and over who wish to begin growing their six plants or to obtain less than one ounce of marijuana may now do so legally. However, since it is still illegal to sell marijuana, and there are no legal commercial or retail sources for purchasing.

Capt. Dale Gregory of the Twin Peaks sheriff’s station noted that deputies will function as usual.
“All that Prop 64 did was to decriminalize marijuana in California,” he told The Mountain News. “It is still illegal under federal law.”

He cautioned that if someone is found to be under the influence of a controlled substance, nothing changes in enforcement of the law. “If someone is driving under the influence, it is a misdemeanor,” he said. “But if someone is committing a crime under the influence of marijuana, our enforcement does not change. We investigate accordingly.

“Under Prop 64,” Capt. Gregory explained, “the immediate changes are the penalties. It used to be a ticket for possession, but we will no longer issue a ticket if someone is 21 and over.”

A popular poster for decades has been the one that reads: “A pot smoker is busted every 45 seconds. And you wonder why we’re paranoid.” It might take a while for some users to overcome that long-time paranoia. And people who are new to the concept might be unsure of the finer points. But knowing the boundaries of the law should help.

The law’s proposed text, which was distributed in the Official Voter Information Guide prior to the general election, covered 32 pages. To ensure that you are in compliance, take time to read the law itself.
Various California laws were amended, repealed or expanded as of Nov. 8, including numerous sections within the following codes: Business and Professions, Food and Agriculture, Health and Safety, Labor, Revenue and Taxation, and Water.

That reading material is highly recommended for all who must be in compliance with the law (i.e., those who wish to indulge for recreational purposes). As practical matter, several main points of the laws pertaining to the Adult Use of Marijuana Act are listed below. This summary is not intended to be legal advice. Consult with a licensed attorney as needed.

POSSESSION

Any adult 21 years or older may now obtain, possess, transport or give away to other adults 21 and older no more than one ounce (28.5 grams) of marijuana or no more than eight grams of concentrated cannabis.
Possession with intent to sell any amount of marijuana is still a felony.

Note that retail sales for adult use will not begin until licensed stores are in operation after Jan. 1, 2018.

Possession of more than one ounce of marijuana is still a misdemeanor. Punishment may be a $500 fine and/or six months in jail. Most other offenses have been reduced from felonies to misdemeanors. Those might include cultivating more than six plants, transporting more than one ounce, illegally selling or distributing marijuana for compensation, possession with intent to sell, and other infractions.

In specific aggravating circumstances, violations might still qualify as felonies.

USE

Marijuana may not be consumed in any public place. Licensed premises for on-site consumption are not currently permitted.

Smokers may not smoke marijuana in any location where tobacco smoking is prohibited.
A property owner may prohibit tenants from possessing or using marijuana on the owner’s private property, such as an apartment, rented condominium or house.

Employers may forbid their employees from using marijuana.

CULTIVATION AND
MANUFACTURING

Under the new laws, Californians can grow up to six plants per residence for personal use. Local governments may enact “reasonable regulations” on cultivation, including a ban on outdoor cultivation. However, cultivation in a private residence or in an enclosed, secure, locked accessory location on the property may not be banned, so long as the plants are out of public view.

The six-plant limit is per residence, not per person.

Manufacturing concentrated cannabis with a volatile solvent is illegal unless the manufacturer is licensed by the state.

VEHICLES

It is illegal to drive while under the influence of marijuana or alcohol or any other drug.

Under Prop 64, no one may smoke or consume marijuana–or possess an “open container” or marijuana paraphernalia–while operating any motor vehicle, boat or airplane, or while riding as a passenger. If less than once ounce of marijuana is found, the maximum misdemeanor fine is $100 under the Vehicle Code. Larger amounts are subject to increased punishment under the Health and Safety Code.

Anyone under age 21 who is convicted of any marijuana, alcohol or other drug offense will be penalized with a 12-month suspension of his or her drivers license–regardless of whether the offense was related to driving or not. If the minor proves a critical need to drive, restricted license privileges might be allowed by the court.

MINORS

It is a felony to sell or distribute marijuana to minors.

Minors under 21 may not cultivate, possess, transport or use marijuana. Those who are 18 to 21 years old are subject to a $100 fine for a violation involving less than one ounce of dry cannabis or eight grams of concentrated cannabis. Those who are under 18 are subject to drug counseling or community service.
To further protect minors, no one may possess, use, smoke or vaporize marijuana on the grounds or within 1,000 feet of a school, day care or youth center while children are present.

MEDICAL PATIENTS

Medical marijuana patients keep their existing rights provided they have a doctor’s recommendation. Regardless of the Prop 64 limits for adult users, the patients and their designated primary caregivers may possess and cultivate as much marijuana as they need for the patient’s personal medical use, but they may not distribute or sell it.

FEDERAL LAW

The federal Controlled Substances Act is still in effect, designating marijuana as illegal. Recreational marijuana users as well as medical marijuana patients are not protected by California law when they are on federal lands, such as national parks and national forests (e.g., the San Bernardino National Forest). Campers, hikers and sightseers may be searched and charged with possession under federal statutes. Both medical marijuana and personal supplies may be confiscated. If the case is brought in federal court, even a California medical recommendation is not a defense.

In general, however, federal charges usually are brought in cases of large quantities where commercial distribution is suspected, but there can be exceptions.

Whatever your plans might be for possession and use of marijuana, be sure to check the language of the laws or get professional legal advice for your own protection. Next week: What’s ahead for California.

News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: New Marijuana Laws Hazy
Author: Heidi Fron
Contact: 909-336-3555
Photo Credit: None Found
Website: Mountain news

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