NEW CALIFORNIA MARIJUANA LAWS – REVISION TO PREVIOUS ARTICLE

INFORMATION CONTAINED IN A PREVIOUS POST REGARDING PROP 64 WAS INACCURATE AS IT WAS BASED ON INCOMPLETE INFORMATION.  THE FOLLOWING IS AN UPDATE TO THAT PREVIOUS POST:

What’s legal now:

  1. Possession of an ounce or less of marijuana by people 21 or older.Drug
  2. Possession of more than an ounce of marijuana within a person’s home produced from plants grown on the property as long as contained in a locked space and not visible by normal unaided vision from a public place.
    1. The question arises as to how the government may prove a person in possession of more than an ounce on his or her property proves that marijuana was derived from plants that were not grown on the property.  There is a limitation on how much dried marijuana six plants could possibly yield, however, modern commercial production techniques combined with selectively bred strains of cannabis currently allow for large yields sometimes in the multi-pound range rather than grams or ounces.  It’s likely that criminal defense lawyers will be called to fight for the rights of people charged with possession with intent to sell when law enforcement inevitably raids private homes and discovers “more cannabis than can possibly be grown by six mature plants.”  We may end up arguing to a jury the prowess of our client’s green thumb.
  3. It’s legal to possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than 28.5 grams of marijuana, not more than eight grams of marijuana in the form of concentrated cannabis, including as contained in marijuana products.
  4. It’s legal to possess, plant, cultivate, harvest, dry, or process not more than six living marijuana plants and possess the marijuana produced by the plants (see above #2).
  5. It’s legal to smoke or ingest marijuana or marijuana products if 21 or older.
  6. It’s legal to possess, transport, purchase, obtain, use, manufacture, or give away marijuana accessories to persons 21 years of age or older without any compensation whatsoever.

It’s Still Illegal to:

  1. Smoke or ingest marijuana or marijuana products in any public place, except in accordance with Section 26200 of the Business and Professions Code.
  2. Smoke marijuana or marijuana products in a location where smoking tobacco is prohibited.
  3. Smoke marijuana or marijuana products within 1,000 feet of a school, day care center, or youth center while children are present at such a school, day care center, or youth center, except in or upon the grounds of a private residence or in accordance with Section 26200 of the Business and Professions Code or Chapter 3.5 of Division 8 of the Business and Professions Code and only if such smoking is not detectable by others on the grounds of such a school, day care center, or youth center while children are present.
  4. Possess an open container or open package of marijuana or marijuana products while driving, operating, or riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.
  5. Possess, smoke or ingest marijuana or marijuana products in or upon the grounds of a school, day care center, or youth center while children are present.
  6. Manufacture concentrated cannabis using a volatile solvent, unless done in accordance with a license under Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code.
  7. Smoke or ingest marijuana or marijuana products while driving, operating a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.
  8. Smoke or ingest marijuana or marijuana products while riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation except as permitted on a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation that is operated in accordance with Section 26200 of the Business and Professions Code and while no persons under the age of 21 years are present.
  9. Drive under the influence of marijuana.
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