Pot Policy 101: L.A. Marijuana Lawyers Urge Polishing Up on Your California Prop 64 Proficiency

Let’s talk pot shop. As long-time L.A. marijuana lawyers, we’ve seen the industry in California morph from its early days as the first state in the U.S. to legalize medical marijuana in the 1990s to joining a growing number of cannabis companies celebrating legal recreational use of the drug, officially allowable after Jan. 1, 2018. However, the passage of this measure did not open the market floodgates. In fact, certain rules are fairly strict and you must be mindful of them when in public, engaging in business with marijuana companies and especially if starting one yourself. 

For those who may be new to California, just landed a job here, have an upcoming visit or perhaps are just now interested in testing the THC waters, here are the main things you need to know. 

I want to buy recreational marijuana. What are the rules?

California statute allows adult individuals over the age of 21 to purchase up to 1 ounce of marijuana a day, or up to 8 grams of cannabis concentrates, such as candies, breakfast bars and brownies. The amount of edibles you’re allowed to legally have on your person will depend on the THC concentration of each product. One small product might contain a higher degree of THC concentration than something larger, thus the number of the smaller products you would legally be able to have would be lower. Products must be purchased from a state-registered dispensary and users must provide a valid ID, such as a driver’s license or passport. Sales are banned between the hours of 10 p.m. and 6 a.m. Marijuana can be delivered, per a recent rule from the Bureau of Cannabis Control that became law this month.

Can I smoke or eat recreational marijuana in public?

No. The California Department of Health notes that you may not smoke, vape, eat or otherwise consume cannabis in public, and anywhere tobacco smoke is prohibited, so too is marijuana unless otherwise stated. Private residences are your best bet, though a few cannabis cafes and lounges have cropped up in Oakland, San Francisco, Sacramento, Palm Springs and West Hollywood.

You also cannot smoke while driving or riding in a vehicle, and it is still prohibited to drive under the influence of marijuana.

Is my landlord allowed to ban marijuana use on site?

Yes, the law allows property owners and landlords the right to ban both possession and use on site. People are also prohibited from consuming or possessing the drug on federal property, including parks, and cannabis cannot be taken across state lines – even if crossing directly into a state where it is legal.

Can my boss fire me for using marijuana? 

That depends. Technically, as our L.A. marijuana lawyers know (also having long-time experience in California employment law), there isn’t a state law that protects workers from being fired for using the drug. There was also a decision by the U.S. Supreme Court in 2008 that allows companies to fire workers who fail marijuana drug screens, no matter what the state law is. Prop 64 gives employers authority to tailor their company drug policy how they wish.

Can I face federal charges for buying or possessing marijuana? 

Technically, yes. However, that is very unlikely, though you are somewhat at the whims of the federal administration unless/until classification of cannabis is updated. For the most part, federal authorities are interested (if they are interested) in nabbing large suppliers.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

What’s Legal for Adult Use? California Department of Public Health

More Blog Entries:

Cannabis Companies’ Success in Combating RICO Lawsuits, Jan. 8, 2018, L.A. Marijuana Lawyers Blog