With the legalization of recreational marijuana in California, many mistakenly assume that possession cannot place an individual in legal jeopardy. In reality, the matter is a lot less black and white. A person can still be arrested for possession of marijuana under California law, whether they have “actual” physical possession of it, or “constructive” possession by exercising control of it. Understanding the legalities is crucial given these nuances, especially in Orange County, where enforcement can be stringent.
Under California law, adults over the age of 21 may legally possess up to 28.5 grams of cannabis flower and up to 8 grams of concentrated cannabis for personal use. Possessing amounts exceeding these limits can result in misdemeanor charges with significant penalties and fines — a maximum of six months in county jail and up to $500. Additionally, possessing marijuana on school grounds or distributing it without proper licensing can lead to harsher legal consequences.
In order to avoid unintended violations, it’s essential to be aware of the specific cannabis regulations beyond the general changes to laws in California. For instance, while personal use is permitted, public consumption remains prohibited, and driving under the influence of marijuana is illegal. By familiarizing yourself with how much you can possess and where you can use it, you can be sure to stay within the bounds of the law.
The laws are still complicated
As comprehensive as California marijuana dispensary laws are, they can be complex for the average individual. Adults 21+ can purchase cannabis from licensed dispensaries, but it’s important to note that not all cities and counties permit dispensaries to operate. Moreover, while it’s legal to use marijuana at home or in private settings, using it in public places or near schools is prohibited.
Adults 18+ cannot purchase cannabis from licensed dispensaries with one caveat — individuals aged 18 to 20 can legally use marijuana with a physician’s recommendation for medicinal purposes. Without such a recommendation, possession can lead to infractions or misdemeanor charges, depending on the circumstances. Being arrested for marijuana possession can also result in other charges if, for example, the individual is found to be in possession of more than the legal amount or is suspected of intent to distribute.
Getting a grasp on the full story of California’s marijuana laws requires navigating a patchwork of state and local regulations. The legal landscape differs by geographic location; while state law permits certain activities, local ordinances may impose additional restrictions, making it vital to be informed about the rules in your specific area.
Your Next Call
If you’ve been arrested for marijuana in California, it’s critical to understand the nature of the charges against you. Distinguishing between purchases from legal shops and possession of illegal marijuana can significantly impact your case. The amount of cannabis in your possession, your age, and the context of the possession (e.g., near schools or in public) can all influence the severity of the charge.
To ensure a robust defense of your case against the complexities of marijuana laws in California, seeking legal counsel is advisable. An experienced attorney can guide you through the legal system, potentially mitigating penalties or achieving case dismissals. If you find yourself facing charges related to marijuana possession or use, don’t hesitate to contact us for guidance and representation.
