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California Marijuana Laws

What's the real status on California marijuana laws?

Are you curious about California recreational marijuana and medical marijuana law and the penalties for breaking them in California? This page also covers the laws regarding CBD, CBD gummies, CBD carts or cartridges, CBD vapes and CBD balms and lotions in California. Here are other ways you may have found this page on California marijuana and CBD laws:
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  • California recreational marijuana

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  • Is medical marijuana in California legal

  • Is recreational mariijuana legal in California

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California marijuana laws

The legalization of marijuana in California – despite the ongoing ban at the federal level – has created some confusion. But keep in mind there are still ways in which state law is violated, such as owning or raising more than is allowed or not complying with regulations that govern commercial marijuana activities.

If you face criminal charges under California’s marijuana laws, even if your actions were unintentional, consider talking to an experienced criminal attorney to protect your rights. In addition, if you plan to open your legal cannabis store, speaking with a local business law attorney saves you time and money and ensures you are fully compliant with the law.

California law on medical marijuana use

Marijuana laws in California changed dramatically with the decriminalization of possession (less than 28.5 grams) and the legalization of medical marijuana in 1996. Marijuana laws in the state were significantly relaxed again in 2016 after voters approved Proposition 64, the Adult Use Act for marijuana.

Under this law, adults 21 years or older may purchase, possess, and consume up to 28.5 grams of marijuana in their residence or at a facility licensed to consume marijuana. While most criminal penalties for marijuana were lifted immediately after the general election, permitting the legal sale and production of marijuana began in January 2018.

There are also new taxes on cannabis: a 15% and a cultivation tax. The Medical and Adult Cannabis Regulation and Safety Act provide the general framework for regulating commercial cannabis activity in California. This law requires anyone involved in commercial cannabis activity to obtain a license and allows local governments to control what activities are permitted in their jurisdiction.

California law on recreational marijuana use

Retail marijuana sales for recreational use are now legal in California. Adults over 21 in the country’s most populous state can purchase it in cities that agree to make it available. The rules are strict. Marijuana should be sold in airtight, child-resistant packaging. Shops should close by 10 pm. And the supply chain will be more regulated than previous laws that allowed the sale of medical marijuana.

California Law on the Use of CBD Oil

The primary federal law that allowed companies to begin marketing CBD products was the Agriculture Improvement Act of 2018. This law authorized the cultivation of industrial hemp, which, as defined by the law, contains less than 0.3% THC (THC is the chemical in this hemp). It makes people high.)

If cannabis contains more than 0.3% THC, the federal government considers it marijuana, a Schedule I illegal drug. Both hemp and marijuana can contain CBD, but hemp is federally legal. A general starting point in the legality of the federal CBD: If CBD comes from hemp, it is permitted; If CBD comes from marijuana, it is illegal. Although hemp-based CBD may be legal federally, some states still consider any cannabis product illegal.


California Marijuana Penalties

In California, only the medical marijuana patients and their caregivers can cultivate cannabis at home. It’s a felony punishable by 16 months to three years in the prison to grow recreational cannabis at a residence. In addition, it is a crime to transport weed across state lines in California. It’s illegal to drive a vehicle that has accessible cannabis in it. Like a simple possession charge, driving with cannabis may be considered a minor infraction with a fine of $100 if under 28.5 grams.

The adult-use license (A-license) allows the businesses to sell recreational marijuana. Firms with this license can sell the cannabis, hash and concentrates, and marijuana paraphernalia to adults above 21 years without a doctor’s recommendation. The medical marijuana license (M-License) allows businesses to sell medical cannabis.


California Marijuana Laws in relation to the US Federal Government

As stated before, the US federal government still considers marijuana use illegal for United States citizens, immigrants and tourists. While the federal government still calls marijuana an illegal drug, they have left most enforcement of marijuana law to the US States, partly because the federal government has more important things to deal with on a daily basis. This gives California the power to mostly set and enforce its own marijuana laws regarding recreational and medical marijuana usage, possession and distribution.

California Law and other US States

California's marijuana and CBD laws and penalties are unique to California. States other than California have their own laws about medical marijuana and recreational marijuana, as well as CBD derivatives. The states that prohibit certain aspects of marijuana also have varying penalties for violation of their laws.

The best thing to do is to be informed and visit our United States marijuana law pages and our individual US state profile pages regarding marijuana and CBD.

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