The Complete Guide to the Legal Status of Marijuana in California

Flashback to 1907 – then later 1913 – when marijuana was regarded as a ‘poison’ and the Poison Act was passed in California to criminalize the possession of extracts or narcotic preparations of hemp or loco-weed, and their preparations and compounds.

Now, marijuana (let’s call it weed, shall we?) has been legalized in 10 states and Washington, DC. California became the FIRST state to legalize medical cannabis with the passage of the Compassionate Use Act of 1996 and in 2016 passed Proposition 64, the Adult Use Marijuana Act (AUMA) legalizing the recreational use of marijuana for adults.

It was a great moment in January 1, 2018, when California began its first day of adult-use cannabis sales, making recreational use open to the public.

What this means is that it is now lawful for you to use, carry, and grow cannabis (marijuana, weed, pot and what-have-you) and cultivate up to six live plants individually – or more commercially with a license.

Of course, as with most of these things, ‘terms and conditions apply’. We at  MarijuanaBeginner.com will be taking you through a fun guide on the legislation and laws guiding the status of weed in California!

Can Anybody Just Walk in and Request to Buy Weed?

Well, are you 21 years and above to start with? According to the Proposition 64, if you’re under 21, it will be illegal to sell weed to you.

For medicinal cannabis, the minimum age is 18 years and it must be on the recommendation of your current physician. Otherwise, you must possess a valid county-issued medical marijuana identification card or be a Primary Caregiver as defined in Health and Safety Code Section 11362.7(d).

To buy Weed for recreational use is however more flexible. All you need is a valid government-issued ID with you. It doesn’t even have to be from California. If you can’t tender that ID? A driver’s license, military ID with your picture and date of birth, or a passport issued either by the U.S or by other countries will get it done for you.

To buy Weed for recreational use in California, all you need is a valid government-issued ID with you. It doesn’t even have to be from California!

Can I Just Buy Weed From Anywhere?

Smoking weed for recreational purposes is legal, but you can’t just stroll into any shop or corner to buy weed or any of its products!

You should only get this legally at any of the retailers that have been licensed by California’s Bureau of Cannabis Control (formerly known as the Bureau of Medical Cannabis Regulation) and permitted to do so by local authorities.

Can I Get a Big Bag of Weed at Once?

Pending when a new law is made to that effect, no, you can’t. You can only possess and use up to one ounce (28.5 grams) or a total of 8 grams of cannabis concentrates.

That is about 50 tiny little blunts – well, assuming you like them tiny.

There may be flexibility to this if you are a licensed commercial grower and you want to transport it.

Now that I Can Smoke, Can I Smoke Anywhere?

According to California’s Department of Public Health’s website, you cannot consume, smoke, eat, or vape cannabis in public places.

You have the liberty to do this only on private property. 

You can’t also do your stuff where tobacco is prohibited. School campuses, restaurants, bars, public parks and hospitals are included in this.

It is very important too that you know you can’t actually consume or possess cannabis on federal lands like national parks, even though the park is in California.

So, No Public Smoking At All?

Proposition 64 allows local governments to permit cannabis consumption at public locations.

The thing about this is that other than in private property you may be able to smoke in public in places that have been granted this permit.

There are now hundreds of “cannabis lounges” all over California where you can legally smoke, vape and eat marijuana products in places other than private property. 

What If My Landlord Prohibits Smoking?

That feels terrible. But, according to the state Department of Health, your landlord or property owner is within rights to ban or limit the use and possession of cannabis on their properties.

Can You Light Up and Drive at the Same Time?

NO! It remains illegal to drive under the influence of substances.

Lighting up or snacking on any marijuana products while driving or riding as a passenger in a car is ILLEGAL.

Even if the weed is in your car, it has to be sealed and must be kept in a child-proof container out of the reach of the driver.

You are only free to hit the road once you are no longer under the influence. Penalties for marijuana DUIs range from informal probation, fines/license suspension or even jail time. As with alcohol DUIs, your penalties will become harsher with each conviction.

Can I Stash Some and Travel Out-State?

You can’t. Transporting marijuana, by whatever means, across state lines is illegal in the state of California – not even when the state you are transporting it to has also legalized it for recreational use.

This also includes plane transport, even if it’s medicinal.

Can my Employer Fire me for having Marijuana in my System?

Providing a safe working environment for you and your co-workers is important. That marijuana is legal in California for recreational use doesn’t mean your employer can’t fire you for using it.

Proposition 64 does not limit the rights and obligations of public and private employers to maintain a drug and alcohol-free workplace.

This is also backed by a 2008 Supreme Court decision to the effect that public or private employers can fire employees who fail a drug screening for marijuana – never minding the state law.

If your employer is the federal government, they are also backed by the federal law that classifies marijuana as an illegal drug and in effect prohibit its use.

Does this mean the Federal Government can Charge me with a Crime Relating to Marijuana?

Don’t forget that California is only one of the few states to legalize the use of Marijuana for recreational purposes. Marijuana remains illegal under federal law.

Smoking in a federal park, as we mentioned earlier, is illegal.

Even more so, carrying a stash of weed larger than one ounce may open you up to scrutiny by federal bodies.

What If I want to Cultivate my Weed?

You can!

Under the Adult Use Marijuana Act passed in 2016, as a California resident, you can cultivate your own rare breed of weed and have up to 6 living marijuana plants. 

As expected, the cultivation of those plants must be in a private residence and in an area secluded from public view in compliance with all local ordinances.

If you’re interested in growing marijuana, check out our review of the Top 10 Marijuana Grow Lights you can buy on Amazon right now.

Don’t forget that California is only one of the few states to legalize the use of Marijuana for recreational purposes. Marijuana remains illegal under federal law.

Conclusion

The rules of using weed for recreational purposes are quite nothing out of the ordinary.

What we have only done at MarijuanaBeginner.com is to give you a quick run-down of the legal status of the use of marijuana you may not know about.

Many states would kill for this legalization of the use of weed. Get your weeds at licensed places and find a private residence or a cannabis lounge to do your stuff.

Check out more laws at Marijuana Laws.