HEALTH A-Z & MARIJUANA NEWS

CALIFORNIA MARIJUANA RULES 2017-2018

The goods; buying, possession, firearms, children, divorce, out of State use, employers, drug tests ....

 

The lowdown on California's MMJ laws, regulations, buy, sell, possession, firearms, children, divorce, employers, drug test, arrest, criminal record....

 

``The California State CANNABIS ID card system safeguards patient privacy.`` - California NORML

 

What am I legal to do now in regard to marijuana in California?

As of Nov. 9th cannabis became legal to use - for any adult above 21 years of age.  
California adult residents can:


• Possess, transport, obtain or donate cannabis to other adults - the amount cannot exceed one ounce of plant material or 8 grams of concentrated cannabis, like hash, oil, etc..

• Cultivate up to 9 plants per home or possess the marijuana harvest by of these plants (subject to "reasonable regulations" by municipal governments).

Retail sales for adult use will begin Jan 1, 2018. In the meantime, Prop 215 patients need a doctor’s recommendation to purchase at medical marijuana collectives and dispensaries.


 


Do I still need a doctor's note - recommendation in June-Dec 2017?

You'll are legal to posses under an ounce without a doctor's recommendation. But you can't buy marijuana in stores without a doctor’s recommendation til 2018.

Californians can grow up to 6 plants for their personal use. Local jurisdictions can ban outdoor cultivation if they want, but cannot ban you from growing 6 plants indoors or in a “secure” location (local governments can "reasonably regulate" indoor cultivation.). Patients with a doctor's recommendation can grow more plants if needed, provided their local town will allow it. There are protections for the parental rights of medical marijuana patients, but not recreational users, which is another reason to get a licensed doctor's recommendation for marijuana, moving forward.

Patients with a State ID card, can be signed up for with a doctor’s recommendation at county health departments, and will get a break on local sales taxes.

 

 

How can I get a business license to grow or sell marijuana now?

 

You can't be issued a license until 2018, when a bureau is set up to regulations and issue applications.

A reconciliation bill with the existing medical marijuana licensing bureau is expected in 2018.  You should hire an attorney and work on gaining local support, because locals have a say in license retail shops and cultivators approved.

When and where can I grow my 6 plants, how can I get clones or seeds to grow marijuana now?
You can grow your 6 plants at your residence now, subject to "reasonable regulations" by local governments, which might ban outdoor cultivation.

A legal mechanism for buying seeds or clones for recreational users will be in place for commercial marijuana businesses h in 2018. In the meantime, it's legal to give away under an ounce of marijuana, a medical marijuana patient can give you some seeds or clones. Seeds or clones are illegal to cross State lines.

 

 


Am I protected against employment drug testing?


No. Employers can discriminate against marijuana users. In California, even medical marijuana patients can be fired for failing a drug test. Cal NORML is working for legislation to change this  travesty of justice!  To assist the cause, contact: [email protected]

How can I get my sentence reduced or record expunged.

 

Contact Cal NORML legal committee attorney, or Eunisses Hernandez of the Drug Policy Alliance at 213-226-6426 for assistance with working with a public defender.

 


How can I find a lawyer?  

 

Click on the city below, and scroll down the page to the lawyers section.
 

Alhambra , Anaheim , Antioch , Bakersfield , Berkeley , Buena Park , Burbank , Carlsbad , Carson , Chico , Chino , Chula Vista , Citrus Heights , Clovis , Compton , Concord , Corona , Costa Mesa , Daly City , Downey , El Cajon , El Monte , Elk Grove , Escondido , Fairfield , Fontana , Fremont , Fresno , Fullerton , Garden Grove , Glendale , Hawthorne , Hayward , Hemet , Hesperia , Huntington Beach , Indio , Inglewood , Irvine , Jurupa Valley ,La Mesa , Lake forest , Lakewood , Lancaster , Livermore , Long Beach , Los Angeles , Menifee , Merced , Mission Viejo , Modesto , Moreno Valley , Murrieta , Newport Beach , Norwalk , Oakland , Oceanside , Ontario ,Orange , Oxnard , Palmdale , Pasadena , Pomona , Rancho Cucamonga , Redding , Redwood City , Rialto , Richmond , Riverside , Roseville , Sacramento , Salinas , San Bernardino , San Diego , San Francisco , San Jose , San Leandro , San Marcos , San Mateo , Santa Ana , Santa Barbara , Santa Clara , Santa Clarita , Santa Cruz , Santa Maria , Santa Monica , Santa Rosa , Simi Valley , South Gate , Stockton , Sunnyvale , Temecula , Thousand Oaks, Torrance , Tracy , Vacaville , Vallejo , Ventura , Victorville , Visalia , Vista , West Covina , Westminster , Whittier .


 


Where can I find a physician to recommend medical marijuana?


Any California licensed physician can recommend or approve your use of medical marijuana. You can apply for a medical marijuana recommendation, marijuana ID or grow permit online as well.

 


Where can I find a cannabis cooperative, collective, dispensary or delivery service?

 

Click on your home city below, and scroll down the page to the dispensary and delivery section.
 

Alhambra , Anaheim , Antioch , Bakersfield , Berkeley , Buena Park , Burbank , Carlsbad , Carson , Chico , Chino , Chula Vista , Citrus Heights , Clovis , Compton , Concord , Corona , Costa Mesa , Daly City , Downey , El Cajon , El Monte , Elk Grove , Escondido , Fairfield , Fontana , Fremont , Fresno , Fullerton , Garden Grove , Glendale , Hawthorne , Hayward , Hemet , Hesperia , Huntington Beach , Indio , Inglewood , Irvine , Jurupa Valley ,La Mesa , Lake forest , Lakewood , Lancaster , Livermore , Long Beach , Los Angeles , Menifee , Merced , Mission Viejo , Modesto , Moreno Valley , Murrieta , Newport Beach , Norwalk , Oakland , Oceanside , Ontario ,Orange , Oxnard , Palmdale , Pasadena , Pomona , Rancho Cucamonga , Redding , Redwood City , Rialto , Richmond , Riverside , Roseville , Sacramento , Salinas , San Bernardino , San Diego , San Francisco , San Jose , San Leandro , San Marcos , San Mateo , Santa Ana , Santa Barbara , Santa Clara , Santa Clarita , Santa Cruz , Santa Maria , Santa Monica , Santa Rosa , Simi Valley , South Gate , Stockton , Sunnyvale , Temecula , Thousand Oaks, Torrance , Tracy , Vacaville , Vallejo , Ventura , Victorville , Visalia , Vista , West Covina , Westminster , Whittier


** Recreational users can't purchase marijuana until shops are licensed in 2018.



How much marijuana can I grow for my personal use?
 

Every adult can grow 6 plants at their residence (the limit is per residence, not per person). Local may ban outdoor cultivation, and "reasonably regulate" indoor cultivation, which must be in a residence or secure location.


Medical patients can still grow whatever they need, provided local zoning regulations permit it.
See Local Medical Marijuana Cultivation & Possession Guidelines

 

 

Can I legally grow marijuana to sell?

 

Under California State law  patients and their primary caregivers are protected from criminal prosecution for personal possession and cultivation, but NOT for distribution or sale.  

Authorized patient "cooperatives" or "collectives" can grow, distribute and/or sell medical marijuana on a non-profit basis to their club members. Designated primary caregivers who can charge for their labor and services in providing marijuana.  


State licenses to cultivate marijuana for recreational use will be issued in 2018, when a bureau is in place..

 

 

How can I grow medical marijuana collectively with or for other patients, in a patient cooperative or with a delivery service?


You should contact the delivery service or cooperative and see where they are at.
 

 


Can you sell medical marijuana on Craigslist?
 

If you like to be a law abiding citizen, Craigslist is a bad idea.. Undercover police officers scout out marijuana law offenders on this site.  



Do I need a Cannabis ID card?

Having a Cannabis is not mandatory any longer, but there are many privileges relating to marijuana that you probably want to have(above).  Marijuana ID may protect you from arrest, and a nice tax break, which could amount in several hundred dollars in savings, or more..

Can employers and others access my medical marijuana recommendation or ID card information?

 

No.  If anyone accesses your medical marijuana card or recommendation information, they are guilty of a crime.  The State ID card system safeguards patient privacy. Patient names and addresses are not kept in the State's database and only the  information retained is a personal photo and the Cannabis ID card number. Medical records are protected by federal HIPAA laws. If you test positive for marijuana, a medical marijuana recommendation won't necessarily protect you.


I get drug tested at my job. Can I use marijuana?


Sometimes no, sometimes yes.  The California Supreme Court ruled that employers can discriminate against any kind of marijuana user, so it depends on your employer`s policy.  You want to see a copy of the policy, and ask someone in the know, in confidence about how your company enforces the rules.

 


Can I lose my professional license because I use medical marijuana in California?


No professional licensing board may impose a civil penalty or take other disciplinary action against a licensee, a designated primary caregiver, who is a qualified patient or those who possesses a legal identification card issued.
 


Can I take marijuana on a airplane?
 

TSA officials said that flying within the State with under an ounce of marijuana is OK, but some airports may or may not have gotten the news. The TSA's current routine is to turn over marijuana issues to State officials, which might be marijuana friendly, that is if you have Cannabis ID perhaps and possess State legal amounts of cannabis and concentrates.

If you're flying to another State, check for their laws, including reciprocity with State medical marijuana laws (if they have one- see below). In no case is medical marijuana or marijuana legal to transport out of State.

Non-citizens of the US want to be beware about carrying medical marijuana through US airports. The situation right now is really strange, where obviously high risk people carrying god knows what run about unattended, while good old boys with a pouch of weed can get hassled or busted.   

Right now, the reports are that TSA and local police are generally tolerant of small amounts of medical marijuana in airline baggage - in cannabis legal States like CA, but non-citizens might get hassled and might benefit from having some sort of cannabis ID from anywhere.  With that said, non-citizens of California are not advised to carry marijuana through airports.

 

I am traveling to another State. Can I use my California medical marijuana card or recommendation there?  

 

Sometimes.  

A lot of dispensaries in Nevada sometimes accept California Cannabis ID cards and recommendations, but not all.  

Arizona and Montana have reciprocity agreements for medical marijuana.   Maine allows out-of-State patients 30 days to apply for instate ID.  Rhode Island accepts out-of-state recommendations for debilitating medical conditions, which are what?  Michigan accepts MMJ cards from some States, but not California.  Check with them on the current list.  Vermont allows doctor`s recommendations from neighboring States, but for Vermont residents only.

Oregon law does not have reciprocity, but the State Court of Appeals Ruled that patients from out of State can register with the Oregon Medical Marijuana Program, which protects them from arrest or prosecution while in Oregon.


 


Can I use marijuana on federal land in California?

No, the Feds are anti-marijuana, but they have yet to properly challenge the interpretation of provisions about cannabis in the constitution, but the Feds staunchly propose that cannabis is an interstate matter, and under this interpretation, your possession of marijuana on Federal lands, is a crime.  The legality of the Fed claims on lands in your State is yet another bone of contention with our corrupt and rogue federal government

So.

Marijuana users and medical marijuana patients are not protected while on federal park land or forest land in California or any other State.   Campers or tourists driving through federal land risk search, seizure and can be charged under federal statutes,   A California medical recommendation is not a defense in federal court to these charges.

Look for federal park signs as you enter a park within California, and then formulate your game plan.  Note that people are still getting busted at Yosemite, sad.

 


I will visit California. Can I use medical marijuana there legally?


No, you need a California doctor's recommendation. California's does not have reciprocity laws with other States. However, anyone can apply online for a doctor's recommendation, you will need some proof of residence, sometimes a receipt for rent will do.  Collectives generally require a California ID. In 2018, tourists will be able to purchase marijuana at recreational shops, and smoke it in approved consumption spaces.
 


Does hashish apply to the medical marijuana laws?

Patients with a doctor's recommendation can use and also make hashish legally under State law.

However, it is unlawful to engage in the chemical extraction of a substance as part of the process of manufacturing a controlled substance, which marijuana is. The charge carries a prison sentence of 3-7 years and fine of up to $50,000. Several fires were caused from BHO extraction. This practice is seen as unsafe, and is illegal. Hash-making equipment and chemicals are a red flag for authorities and are considered child endangerment, which can result in the break up of a family by separating children from parents.

 


I am on probation.  Can I use medical marijuana?


Yes, unless your judge said no marijuana in the terms of probation.  These terms may be appealed on a medical basis.   The case People v. Tilehkooh established that it is a State, not Federal law that applies to probation issues.
 


Can I grow or use marijuana with children in the house?


The State of California laws says nothing about this matter, which is to say that it is allowed.  With that said, using a controlled substance where children can access it, or absorb appreciable quantities of secondhand smoke, could land you in hot water, under a number of laws.  Child protective services have been involved in child-weed abuse situations, particularly inspired by spouses in divorce settings.  Obviously, responsible behavior is always the best policy no matter what the issue.

 

Can I own or buy a gun if I use marijuana?
 

The Federal Bureau of Alcohol, Tobacco and Firearms say you cannot buy a gun if you are a marijuana user.  When buying a gun, the question on the 11e ATF form asks, "Are you an unlawful user of, or addicted to, marijuana?" Answering yes makes you ineligible to purchase and falsely answering no is punishable as perjury. However, if you already own a gun, you are probably OK to have a Medical Marijuana Card.  In fact, you can give up your medical marijuana card and then buy a gun, because, unless you are actually addicted to marijuana, see case below;
 

"Wilson could have amassed legal firearms before acquiring a registry card, and [federal statutes] and the Open Letter would not impede her right to keep her firearms or to use them to protect herself and her home. In addition, Wilson could acquire firearms and exercise her right to self-defense at any time by surrendering her registry card, thereby demonstrating to a firearms dealer that there is no reasonable cause to believe she is an unlawful drug user.” - 2016 ruling in Wilson v. Lynch 9th Circuit Court of Appeals.

 

If you are cultivating marijuana, while it is not necessarily illegal, it is strongly advised that you keep your guns in another location, so as not to confuse issues and step into a legal grey area.

 

Can I lose my housing if I use or grow marijuana?
 

The US Dept of Housing and Urban Development determines their own policies regarding medical marijuana use in HUD housing. California NORML offers assistance to responsible users of marijuana in this area..

Landlords can put conditions on tenancy that exclude medical marijuana cultivation or use. However, landlords can be educated about Patient's Rights to Medical Marijuana to understand how edibles and vaporizer use will bother no one.

 


FURTHER READING

 

California NORML is a non-profit, membership organization dedicated to reforming California's marijuana laws. We are the only State organization devoted specifically to marijuana reform for consumers. We publish a newsletter, lobby lawmakers, sponsor events, offer legal, educational, and consumer health advice, and sponsor scientific research. We maintain a separate membership and financial base from national NORML. LA NORML is a subchapter of California NORML.

 

CALIFORNIA MARIJUANA

 

 

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