CAN A PERSON OVER 21 LEGALLY GET HIGH IN THEIR OWN HOME NOW?
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.
In 2016, California passed Proposition 64, the Adult Use of Marijuana Act (AUMA). This law essentially legalized the nonmedical use of marijuana for persons over 21 years old, and all allowed the personal cultivation of up to six marijuana plants per household.
A defendant can beat a charge under these California marijuana laws with a legal defense.
California’s “Compassionate Use Act of 1996” (the “CUA”) applies to the medicinal use of marijuana. The Act’s provisions are set forth in Health and Safety Code 11362.5 HS.
Possession laws are set forth in Health and Safety Code 11357 HS.
6. Can a person get a conviction expunged?
Per Penal Code 1000 PC, some people convicted of unlawful cultivation may:
The statute also says that:
8.1. Simple possession of marijuana – HS 11357
A person is eligible for DEJ if:
Per HS 11358, it is an infraction if someone aged 18-20 cultivates marijuana. The crime is punishable by a maximum fine of $100.
Note that there are restrictions on where there can be the use of cannabis, however.
2. What are the cultivation laws?
Additionally, people under 21 may use and cultivate medical marijuana with a doctor’s recommendation (and, if they are under 18, the consent of a parent).
8. What are the medical marijuana laws?
The Federal Controlled Substances Act