As of January 1st, 2018, marijuana is legal in California across the board – or is it? Though this is true, there are still limits. Before you go out and assume that you can’t be arrested for a marijuana-related offense, read the following. If you’re accused of any type of drug crime, contact Chambers Law Firm at 714-760-4088 to set up a consultation.
Some cannabis restrictions are still in place
According to California law, there are certain rules you must follow when using marijuana and cannabis products. You can’t use them in a public place, unless it’s in accordance with Business and Profession Code 26200. You can’t use marijuana anywhere that tobacco is not allowed to be smoked.
You can’t use marijuana within 1,000 feet of a youth center, school, or daycare while children are there – unless you’re on a private residence. If you’re using cannabis somewhere that smoking it is permitted, then you may only use it if it’s undetectable by others.
Open container rules apply to marijuana
You’re likely familiar with alcohol open container rules that prohibit a person from driving with an open alcoholic beverage in their car. This is true for marijuana too. You can’t have an open container or package of marijuana while you’re driving, operating a vehicle, or as a passenger. This applies not just cars but to aircraft, boats, and any other transportation vehicle. You’re also not allowed to smoke within a vehicle if anyone under the age of 21 is present.
“Smoking” has a broader definition
Note that when the marijuana laws refer to smoking marijuana, that’s a blanket term that includes inhaling, exhaling, or burning cannabis. It also includes having any type or lit or heated device, or a pipe, whether natural or manmade. Of course, it also covers using an electronic smoking device or any other type of oral smoking device.
There are limits on how much marijuana you can grow
You are allowed to manufacture marijuana but there are of course rules. First, you can’t grow more than six plants at the same time. Second, they must be for personal use. If you want to grow marijuana to sell, then there are permits you must get and additional rules to follow. No cannabis product can be made with any type of volatile solvent, which includes anything that can produce vapor or gas that could light on fire and explode.
Do you have questions about these and other drug laws?
Time will tell how firmly police and prosecutors will enforce these drug laws. President Donald Trump’s administration has also committed to begin prosecuting marijuana users for federal crimes as well. If you’ve been accused of not following California’s marijuana laws, or if you’re concerned about federal charges, then we encourage you to contact Chambers Law Firm at 714-760-4088 for a legal consultation. With our vast experience, we can find the best defense options for your unique case.
