In June 2017, the governor of California signed SB94 into law, merging the Medical Cannabis Regulation and Safety Act (MCRSA) and AUMA, creating a system for regulating cannabis laws in California called the Medical and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) (Business and Professions Code 26000.)
CAN STATE OR MUNICIPAL LAW PREVENT ME FROM GROWING MY OWN MARIJUANA FOR PERSONAL USE?
WHY ARE TAXES ON MARIJUANA SO HIGH?
As of this date (February 2021), the Controlled Substances Act (CSA) 21 USC 801 et seq) possession, cultivation, and distribution of marijuana are illegal. There is no medical necessity defense available in the federal system.
WHAT HAPPENED TO MEDICAL MARIJUANA DISPENSARIES AND LEGISLATION?
Persons 21 years and older can possess, process, purchase, obtain, or give away, without compensation, up to one ounce of marijuana or eight (8) grams of concentrated cannabis (hash.) (Health and Safety (H&S)Code §11362.1)
CAN YOUR EMPLOYER PREVENT YOU FROM BRINGING POT TO WORK?
For over 25 years, I have represented good people charged with possession, cultivation, transportation, and sales of marijuana in Vista, Encinitas, Carlsbad, Oceanside, Escondido, and throughout San Diego and California.
For most people, violation of California’s cannabis laws is a misdemeanor. However, people with serious criminal history – including multiple prior drug convictions – can be charged with a felony for violating California drug laws.
1. Is marijuana possession for personal use legal in California?
Medical marijuana dispensaries
9. What is the federal law?
Adults who exceed these amounts of recreational cannabis can be charged with a misdemeanor and punished by up to 6 months in county jail and/or a fine of up to $500.
Three common defenses that criminal defense lawyers rely on:
A person is eligible for DEJ if:
any amount of marijuana or concentrated cannabis (hashish) without a state license.
6. Can a person get a conviction expunged?
Cultivating marijuana is punishable by:
For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group for a free consultation. Our law office creates attorney-client relationships throughout the state, including Los Angeles, Santa Ana, Orange County, Long Beach, San Bernardino, Beverly Hills, Riverside, Pasadena, Glendale, and more.
5.1. No marijuana
Cultivation laws call for felony penalties in certain situations. This is when people cultivate more than six plants and:
Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law, shall be punished as follows: (a) Each person under the age of 18 who plants, cultivates, harvests, dries, or processes any cannabis plants shall be punished in the same manner provided in paragraph (1) of subdivision (b) of Section 11357. (b) Each person at least 18 years of age but less than 21 years of age who plants, cultivates, harvests, dries, or processes not more than six living cannabis plants shall be guilty of an infraction and a fine of not more than one hundred dollars ($100). (c) Each person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment. (d) Notwithstanding subdivision (c), a person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants, or any part thereof, except as otherwise provided by law, may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if any of the following conditions exist: (1) The person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code. (2) The person has two or more prior convictions under subdivision (c). (3) The offense resulted in any of the following: (A) Violation of Section 1052 of the Water Code relating to illegal diversion of water. (B) Violation of Section 13260, 13264, 13272, or 13387 of the Water Code relating to discharge of water. (C) Violation of Section 5650 or 5652 of the Fish and Game Code relating to waters of the state. (D) Violation of Section 1602 of the Fish and Game Code relating to rivers, streams, and lakes. (E) Violation of Section 374.8 of the Penal Code relating to hazardous substances or Section 25189.5, 25189.6, or 25189.7 of the Health and Safety Code relating to hazardous waste. (F) Violation of Section 2080 of the Fish and Game Code relating to endangered and threatened species or Section 3513 of the Fish and Game Code relating to the Migratory Bird Treaty Act, or Section 2000 of the Fish and Game Code relating to the unlawful taking of fish and wildlife. (G) Intentionally or with gross negligence causing substantial environmental harm to public lands or other public resources.