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Is Weed Legal in California?

The laws around marijuana have been shifting at a rapid rate at the state level in recent years. It can be challenging for people to keep up with all of the details related to answers to questions like, “Is weed legal in California?” 

Experienced lawyers like those at Morgan & Morgan often consider this question in the context of determining whether or not someone was under the influence of marijuana or other drugs in a vehicle accident. 

In general, cannabis is legal in California for those who are 21 or older and using it for themselves or for someone who is 18 or older with a physician's recommendation for medicinal use.

Anyone using marijuana should be aware that the pace of these changes is also fast, so future legislation at the state, county, or city level may also apply and potentially change things for you, too. Being mindful of updates in the laws will help you avoid possible criminal issues and ensure that you're using marijuana as safely as possible. 

If you're curious about the legal status of weed in California, it is important to do research and to make sure that you clearly understand any and all laws that may apply to you.

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FAQ

Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

  • What Are Medicinal Users?

    There are different rules in California for adult and medicinal users. Medicinal users can grow more plants at home if a physician has recommended that they do so. They are also eligible to purchase more cannabis on a daily basis if their physician recommends it. 

    Overall, medicinal users in California also have higher possession limits, and it is valuable for any caregiver for medicinal users and medicinal patients themselves to review information from the Department of Cannabis Control, which can tell you more about the laws that currently apply. Remember, counties and cities may actually have stricter marijuana rules than the state. You need to not only verify if your weed use is legal in California, but you also need to think about whether your county or city has additional laws that may influence whether or not you can purchase it and what volume you can purchase it in. 

  • Can I Grow Cannabis at Home?

    You are eligible to grow as many as six cannabis plants in your home if you are a minimum of 21 years old. However, you cannot use volatile solvents, such as propane or butane if you attempt to turn the cannabis into a product. Remember that city and county rules also apply here, especially when it relates to home growing, so ensure you verify whether you need a specific permit or whether the growth must be done indoors.

  • Where Can I Use Cannabis?

    In California you are eligible to use cannabis on property classified as private, but not in public locations such as a bar or a restaurant. Furthermore, you cannot smoke cannabis within 1000 feet of a youth center, daycare center, or school while children are present, and you cannot smoke cannabis anywhere in California where it is illegal to smoke tobacco. 

    Property owners also have some level of discretion on privately owned property. This may apply to you if you rent a home, apartment, or condo in California. Your rental lease should detail whether or not weed is legal in those circumstances. Property owners usually ban the use of cannabis on privately owned property, so be aware of any signage and ask to communicate with the property owner if you are unclear about their rules. Furthermore, if you are traveling throughout California, you'll want to make sure you do some research on the hotel's policy in advance or your vacation rental home's rules about consuming cannabis. 

    Cannabis is still illegal under federal law, which means you cannot take cannabis across state lines or possess or use it on federal lands, such as national parks. Even minor mistakes made with cannabis in California, like using it on private property or entering a state park could expose you to possible consequences. Make sure you do your research and think carefully about anything you're traveling with at that time.

    Morgan & Morgan lawyers, as well as other personal injury lawyers, often seek out reasons to determine liability in an accident. This means that it's important that even if weed is legal in California, you need to be careful about when and how you consume it. 

    Driving under the influence of drugs or alcohol is extremely dangerous and may put you in the line of fire when an accident happens. Read on to learn more about important rules in California.

  • Where Can I Buy Cannabis?

    Not just any person is eligible to sell cannabis in California. Licensed retailers must follow very strict rules to verify that all products are tested and that the amount of CBD or THC on a label is accurate. Furthermore, these retailers are prohibited from selling to minors. Many different stores have popped up throughout California that may not have an appropriate license, which means they could be selling untested or unsafe products. 

    Untested cannabis can have things, such as mycotoxins, pesticides, dangerous chemicals, or mold inside. Always do your research to ensure that you're purchasing from a licensed retailer. This will give you peace of mind about the quality of the cannabis and the standards that that organization is being held accountable to.

    Checking out a facility before buying from there is a good idea, and read reviews online so you can find a place that you're comfortable buying from on an ongoing basis. 

  • Can I Drive With Cannabis?

    As you might expect, having any cannabis open container while riding or driving in a vehicle in California is illegal. In order to transport cannabis in a vehicle, it must be in the trunk of the vehicle or in a sealed container or package. If a law enforcement officer believes that you are operating any vehicle, such as a motorcycle or a boat under the influence of cannabis, they have the right to pull you over to conduct a sobriety test. 

    If you get involved in an accident, and you were under the influence of cannabis at the time of the crash, this could be used to prove liability and to hold you accountable for the injuries sustained by other people. Bear in mind that cannabis can influence you for hours after your initial consumption and may show up on tests conducted at car accident scenes or if you are arrested at the scene and taken to a police station. It is very serious to drive under the influence of cannabis, alcohol, or other drugs in California. Make sure that you understand how you may be placing yourself and others at risk. If someone else in your party is under the influence of cannabis, do not let them get behind the wheel of the car, otherwise, you may find yourself facing serious personal injury or even criminal consequences depending on your level of involvement in the situation. 

    Lawyers like those working at Morgan & Morgan have unfortunately seen far too many incidents, such as preventable accidents, that connect back to someone's use of legal or illegal drugs and other substances. You can help to prevent these accidents by using cannabis under California rules and safely in your own home and other approved locations.

    Getting any criminal allegations or claims that you caused an accident because of using marijuana is very serious, and you should do everything possible to minimize these risks. 

  • What Happens if I Get Hurt in a Car Accident Where I Suspect Cannabis Use?

    If you get hurt in a severe car accident, you may not know what caused the crash to begin with or how to go forward. If you are injured in a car wreck, you need to hire a personal injury lawyer immediately. If the officers called to the scene have reason to believe that weed or other drugs was involved, they may apply criminal charges and test the person. 

    This evidence or any other notes in the police report may help you determine what happened to cause the accident, which could play into liability issues. Your personal injury lawyer at Morgan and Morgan will help you pull together all evidence in your claim. More than one person may be responsible for your injuries, but it's your role to name who is responsible and submit evidence that shows why they are responsible for your injuries. 

    Suppose it can be shown that someone else involved in the accident negligently did something behind the wheel, such as texting, drinking alcohol, or using drugs. In that case, this information will likely come out in your personal injury claim. It can be easier to hold someone else responsible when these matters are in play, but you need a car accident lawyer to present your case in the most compelling way. 

    To find out more about a legal case that involves marijuana, you can contact Morgan & Morgan for a free, no-obligation case evaluation.

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