Friday 9 June 2017

Confusion Surrounds New Marijuana Laws

By Heidi Fron,

Proposition 64 legalized possession of up to one ounce of marijuana for adults, and went into effect on Nov. 8, when California voters approved the initiative measure. Since then, websites have sprouted up all over the Internet, directing cannabis users to sources of marijuana through delivery services, dispensaries and other methods.
One website, www.weedmaps.com, strikingly shows how the number of sources has proliferated over the past several months. Icons on the maps illustrate where cannabis in its various forms may be obtained, and by which method. The icons are piling up rapidly on top of one other. Even the mountain communities have approximately twice as many icons as they had just a couple of months ago.
A lot of confusion surrounds the new law, most likely because few individuals have actually read the text of the law, which was distributed in the Official Voter Information Guide prior to the general election. The details covered 32 pages.

Anyone who wants to remain in compliance should study the law itself. It’s available online and it’s probably still sitting in that stack of mail and newspapers you’ve been saving since last November.

Several main points pertaining to the Adult Use of Marijuana Act are listed below. This summary is not intended to be legal advice. Consult with a licensed attorney as needed.

POSSESSION

Any adult 21 years or older may obtain, possess, transport or give away to other adults, 21 and older, no more than one ounce (28.5 grams) of marijuana or no more than eight grams of concentrated cannabis.

Possession with intent to sell any amount of marijuana is still a felony.

Note that retail sales for adult use will not begin until licensed stores are in operation after Jan. 1, 2018.

CULTIVATION AND MANUFACTURING

Since possession is legal, the question arises as to how an individual can obtain marijuana, since sales are illegal except from licensed dispensaries in counties that allow them.

Under the law, Californians may grow up to six plants per residence for personal use only.

Cultivation is limited to inside a private residence or in an enclosed, secure, locked accessory location on the property. The plants must be out of public view.

The six-plant limit is per residence, not per person.

USE

Even if an individual may possess marijuana, it may not be consumed in any public place. No legal provisions exist for any premises to allow on-site consumption and no licensing procedures are in place.

However, a lot of people don’t wish to sit at home alone while using marijuana. They want to congregate, socialize and network among other members of the cannabis community.

Some individuals recall that smokers may not smoke marijuana in any location where tobacco smoking is prohibited. To their own advantage, they have turned the rule around to assert that cannabis users may smoke marijuana in locations where tobacco smoking is allowed. This logic is erroneous.

Further, most people who have a job need to remember that employers may forbid their employees from using marijuana.

Additional state laws address vehicles, minors and medical patients. Federal laws continue to prohibit possession, use and all other aspects of cannabis commerce.

Whatever your plans are for possession and use of marijuana, it is essential to check the language of the laws or obtain professional legal advice from a licensed attorney for your own protection.

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