November 8th was a landmark day in our state’s history for those who have strongly
advocated for the recreational use of marijuana. California residents
approved Proposition 64 by a margin of 56%-44%, ending the state’s
prohibition on the substance. This prompted many people to celebrate,
but those who did not read the bill may have found themselves in trouble
nonetheless. This is because Prop 64 legalized marijuana, but under heavy
restriction. Some things are not yet legal under this new law, while other
things will remain illegal still. Let’s take a closer look at what
is and is not legal under Prop 64.
What Is Legal
- Adults over the age of 21 may now possess up to an ounce of marijuana or
eight grams of concentrated cannabis for personal use.
Those over 21 may choose to cultivate up to six marijuana plants
per residence, so long as these plants are kept in a locked space and out of public view
at all times.
- Those who have medical marijuana recommendations from their doctors may
still continue to purchase at medical collectives and dispensaries.
- Medical marijuana patients are not bound by the same restrictions, and
may continue to cultivate as many plants as they need in order to meet
their doctor’s recommended treatment.
- Private property owners may forbid the possession or use of marijuana on
- Employers may forbid their employees from using marijuana.
What is Not Yet Legal
- Retail stores may not sell marijuana to those without a permit until January
1, 2018. They may continue to sell to those with medical marijuana recommendations
until this time.
- Purchasing marijuana without a medical recommendation remains illegal in
- Those who wish to sell marijuana under the new law must obtain a license
from the state, including paying all licensing fees from the state as
well as local municipalities.
What is Not Legal
- Those under the age of 21 may not purchase, consume, cultivate, or sell
marijuana or marijuana paraphernalia under any circumstances.
- It is forbidden to drive while intoxicated by marijuana, and you could
be charged with a DUI. It is also forbidden to possess an “open
container” of marijuana while driving, or consume marijuana while
riding as a passenger in a car, boat, train, or plane.
- It is illegal to sell marijuana in any form without a license from the state.
- You are not allowed to consume marijuana in a public place, unless the
premises has received a permit from the state (sort of like alcohol laws
with bars). These permits will not begin being distributed until January 1, 2018.
- Consuming marijuana within 1,000 feet of a school, day care, or youth center
while children are present is strictly forbidden, unless you are consuming
inside a private residence.
- Marijuana growers are forbidden from advertising to children, meaning that
no cartoon characters or other devices may be used to advertise for marijuana
products. Companies are also forbidden from using roadside billboards
- Municipalities are not allowed to make any law infringing on your right
to consume marijuana, so long as you adhere to these laws.
Have you been arrested for a drug crime under these new laws, such as trafficking,
sale, possession, or consumption? If so, do not hesitate to retain an
experienced Modesto drug crimes attorney who can help you with your case.
As a Deputy District Attorney,
Mark W. Girdner worked to prosecute drug crimes offenders. Today, he uses that knowledge
engineer effective criminal defenses to protect you from the harshness
of the criminal justice system. Attorney Girdner understands the gravity
your charges have on your life, and is motivated to help you obtain he
best possible outcome to your case.
Call the Law Offices of Mark Girdner today at 209.326.1533 to schedule your
free initial consultation now!