Recreational pot (marijuana) use by Adults over 21 is legal under California Law.
Californians passed the “Control, Regulate and Tax Adult Use of Marijuana Act” on November 8, 2016 by a considerable majority. Commonly known as “Prop 64”, the law allows persons over 21 to:
- Possess, transport, purchase, use and share up to one ounce (28.5 grams) of marijuana, and up to 8 grams of concentrated marijuana (hash). Persons over 18 and under 21 are subject to an infraction, and possession by those under 18 is still illegal, but there are educational components required for juvenile violators (11357(a)(1) H&S).
- Adults 21 and older may also now grow up to six (6) marijuana plants per household, in a locked place, not open to public view. (11362.2 H&S)
- Laws making cultivation, possession and transportation of marijuana for sale a non-reduceable felony are now misdemeanors, and in some cases, not even illegal.
- Finally, the act provides a means by which someone previously convicted of a felony relating to the use, possession, transportation or sale of marijuana may now petition the court to have the matter reduced (if the conduct would still be a crime under current law) or dismissed (if the conduct is now legally permitted).
**Please Note: Marijuana is still a Controlled Substance under Federal law, and possession, transportation, distribution and sale of marijuana is still a crime subjecting you to arrest, prosecution, conviction, incarceration and (if applicable, deportation/exclusion from the US).
Differences in Federal vs. State Law
Federal law usually controls where there is commerce across state lines or conduct that triggers other federal regulatory laws (ie taxation, use of mail, RICO statutes). However, under the Supremacy Clause of the US Constitution, where federal and state laws contradict each other, Federal law controls. Since federal law still prohibits possession of pot in all forms, arguably the federal law should prevail. Under the Obama Administration, the President made an executive order to federal authorities not to prosecute/investigate simple drug possession cases, but the Trump Administration thus far has repealed those orders, and the subject is still evolving.
If you have been previously convicted of a Marijuana crime, my office can help to either reduce or dismiss those charges, and clean your record. If you are currently facing drug or possession charges, I can help.
For over 25 years, I have represented good people charged with possession, cultivation, transportation and sales of marijuana in Vista, Encinitas, Carlsbad, Oceanside, Escondido, and throughout San Diego and California.
Call 760 643 4025 for a free consultation and aggressive defense of Marijuana and Drug Crimes.