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The state of California is notorious for its modernized approach to cannabis use. It’s considered one of the more cannabis-friendly states in the country, yet marijuana it’s still illegal on a federal level, which is why it’s important to enlist the help of an experienced marijuana attorney to understand the nuances regarding what can and can’t be done now that cannabis is legal in California for a variety of purposes, including:

  • Medicinal
  • Recreational 
  • Commercial

In 1996, California led the country with its initiative to legalize the medical use of cannabis. According to the current Medical Marijuana Program, a list of serious medical conditions compiled in the California Health and Safety Code establishes in which instances a patient is likely to benefit from the use of medicinal marijuana, such as cancer, AIDS, arthritis, anorexia, glaucoma, migraine, seizures, severe nausea, amongst others.

It’s important to note that while recreational marijuana use has strict limits, medical marijuana laws don’t establish explicit limits on dosage, and patients can possess and grow an amount that is consistent with their reasonable needs, provided they have a state-licensed physician’s recommendation. Per California cannabis laws, you are entitled to use medical marijuana if:   

  • A California-licensed physician;
  • approves or recommends marijuana;
  • verbally or in writing; 
  • to treat a serious medical condition.

 

Patients under age 21 can use medicinal marijuana as well -if they meet the previous conditions- unlike recreational marijuana users, who have to be age 21 or older. In California, medical use is personal use, so a person can possess, cultivate, and transport marijuana for personal medical use. It is not allowed to sell it, give it away, or smoke it in certain premises. A knowledgeable marijuana lawyer can assist you if you find yourself in trouble for any of these reasons.  

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Trust a Skilled Possession Lawyer To Help You Fight Against Your Charges

Since 2018, recreational use of marijuana is legal in California for adults aged 21 and above. If you are over 21 years of age, you can:

  • Possess, purchase, or give away up to one ounce of dried marijuana or eight grams of concentrated cannabis;
  • Smoke or ingest cannabis or cannabis products in certain premises, excluding public spaces, places were tobacco consumption is prohibited, within 1,000 feet of a nursery, school, or youth center while children are present, or if you are driving or riding in a motor vehicle;     
  • Possess, cultivate, or process a maximum of six living cannabis plants in a private residence, and possess the resulting cannabis. The cultivation must be in an environment which is “locked and not visible from a public place”. 
  • Recreational marijuana cannot be sold at places where tobacco or alcohol are sold. It can only be purchased through licensed dispensaries or establishments.

Per recreational cannabis laws, if a person is using marijuana for recreational purposes, no medical recommendation is needed, but one must abide by the limitations mentioned above. Very importantly, one must consider the prohibitions:  

Any marijuana acts not sanctioned by the Health and Safety Code section 11362.1 will result in criminal penalties. 

  • If you are under 21 you can not possess or cultivate any marijuana.
  • If you are over 21, you can not possess or cultivate more than the amounts allowed by law.
  • Possession for sale is still illegal unless you are licensed.

Additionally, consider that recreational cannabis laws don’t require employers to accommodate cannabis usage in the workplace, so employees are expected to respect drug-free policies if they are in place.  

If you find yourself in a situation that could result in criminal penalties, contact a seasoned drug charges lawyer who will assertively advocate on your behalf. Keep in mind that the penalties range from infractions to felonies. Generally, if you are under 18 the penalty will be an infraction. If you are over 18 the likely charge will be an infraction or a misdemeanor. County jail felonies are reserved for those people with a violent felony in their record or two or more priors of the same marijuana offense. Attorney Kopelman understands the complexities of marijuana laws and has the skills to develop a highly accurate strategy to strongly represent you.  

Call Today to Speak to A Seasoned Attorney in Marijuana Laws

One of the greatest developments in recent years has been the booming marijuana industry in California. Because possession of cannabis for sale or the intention of sale is illegal, setting up commercial cannabis businesses that meet all state requirements can be the route for those who want to legally cultivate, distribute, produce, and sell cannabis and cannabis-derived products. If you wish to engage in cannabis-related activities, it’s crucial to have the help of an experienced marijuana lawyer who can assist you in navigating the intricate dual licensing system set in place for businesses in California, and for the obtention of a seller’s permit and a cannabis tax permit from the California Department of Tax and Fee Administration (CDTFA).       

If you would like to further discuss your situation with an accomplished marijuana attorney, reach out to Ms. Kopelman today. 

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