Marijuana became legal for recreational use in California on the 1st of January 2018. Although California was the first state to legalize medical cannabis and the fifth state to make cannabis legal recreationally.

The use of legalized cannabis for recreational purposes in California is governed by The Adult Use of Marijuana Act (AUMA), Proposition 64, which was voter-approved and bought into law in late 2016. The laws governing marijuana business and the growing, sales and use of cannabis in California cover everything from marijuana cultivation both by individuals and cannabis companies to transportation and marijuana taxes.Legalizing cannabis for recreational use was a big milestone for recreational cannabis users, cannabis production and the cannabis industry in general in California, but AUMA does not legalize cannabis without restrictions and marijuana remains illegal under federal law and remains a schedule 1 drug under the controlled substances act.

What is the Law? – What is legal and what is not under state law in California?

Buying Legal Recreational Cannabis in California

The law states that any adult over 21 years old can legally purchase up to 1 ounce of marijuana or up to 8 grams of concentrated cannabis a day from a licenced recreational cannabis dispensary. Licences are issued by The Bureau of Cannabis Control.

Recreational cannabis dispensaries are different from those licenced to sell medical marijuana. You can find a list of marijuana dispensaries on The Bureau of Cannabis Control’s website. You will then need a valid state ID or driver’s licence and many dispensaries will only accept cash payments.

There are many California marijuana dispensaries that are only licenced to sell medical cannabis which is governed by medical marijuana law. In order to buy medical cannabis, you need to have a letter of recommendation from a doctor. If you need a letter you can talk to a doctor online today.

As well as being able to walk into a dispensary and purchase cannabis, California’s legal marijuana is also available for home delivery and curbside pickup. Although don’t expect a 24-hour service as sales are illegal between the hours of 10 pm and 6 am.

As well as it being legal for adults over 21 to buy up to 1 ounce of marijuana it is also legal to give or sell this amount to someone else who is over 21. However, it remains illegal to give or sell to minors. Medical rules do make exceptions to this with young adults over the age of 18 being able to buy medicinal cannabis with the appropriate documentation and there is no age limit for the use of medical cannabis providing there is a parental consent for those under the age of 18.

Cannabis Cultivation

AUMA not only allows for cannabis to be bought and consumed but allows individuals to grow up to 6 plants for their own use. Local authorities can prohibit growing plants outside or insist that they are out of public view.

Where Can You Smoke?

Marijuana laws in California don’t just cover marijuana sales but also how marijuana can be transported and where it can legally be consumed.

Generally, it is not legal to smoke, vape or otherwise consume cannabis in public, and so in order to stay on the right side of the law, you will need to consume on private property. And even that isn’t as simple as it sounds as landlords have the right not to allow cannabis consumption on their property as do local authorities. And there are rules regarding the proximity of schools and youth centers with consumption being illegal within 1000 feet while children are present.

Public places include anywhere that tobacco smoke is prohibited as well as sidewalks, parks, beaches, federal land, restaurants, shops and public buildings.

Local governments are however allowed to issue on-site marijuana consumption licenses meaning that you may find smoking lounges attached to cannabis dispensaries. There are even cannabis cafes, with Lowell Farms being the first to open its doors in West Hollywood in 2019.

As well as it remaining illegal to consume cannabis in public it is also illegal to open a package or product containing cannabis in a public place. So you need to make sure you keep any container you purchase cannabis in sealed until you get home.

Transporting Cannabis – Smoking While Driving or Riding in a Car

Cannabis law in California also has strict rules around transporting cannabis. Not only is it illegal to drive under the influence but smoking or otherwise consuming cannabis is prohibited by both drivers and passengers. Furthermore, cannabis cannot be carried in an open (unsealed) container in a vehicle unless it is locked away, for example in the boot.

Driving under the influence is subject to the same punishments as driving while impaired by alcohol and other legal or illegal drugs and can result in a fine, arrest or conviction.

Cannabis regulation also states that it is illegal to transport cannabis across state lines, even if it is legal in both states.

Taxes – The Higher Cost of Buying Cannabis Legally

Despite the move to legalize marijuana there is still a black market selling illegal pot and this is likely due to the fact that retail sales are subject to relatively high sales taxes. This means that it is more expensive to buy legally.

Tax revenues, however, have not been what they might have been. Partly due to the black market but also due to the fact that many cities and communities have decided not to allow sales.

Tax levels are lower for medicinal cannabis so you may decide you need a medical cannabis card to save money. Click here to get a recommendation letter today.

Recreational Marijuana in California – Learn the Facts