NEW MARIJUANA LAWS - WHAT IT TAKES TO GET BUSTED IN CALI

Caught with more than an ounce, ouch...

Caught with more than an ounce....ouch.

Now that marijuana is legal, I don't need to worry about getting busted, right?  Think again. There are still many ways - some that you're probably not aware of - that could have you looking at jail time. 


Most people don't know that under the California Uniform Controlled Substances Act, marijuana is still listed as a Schedule 1 hallucinogenic substance - despite the fact that weed is now "legal"; in November of 2016, The Adult Use of Marijuana Act, which legalized weed was passed.   So what's the deal with these two opposing State concepts that refer to marijuana as both dangerous and OK at the same time?  In 2018, where does the law draw the line exactly; what constitutes a marijuana crime that's serious enough to get jail time or hefty fine????


no Adults over 21 can grow up to six marijuana plants in their place of residence, but if you grow more without a grower's license, or a special medical permit (for cancer), you can be busted, fined and or go to jail.

no You can possess up to one oz. of dried flower, or eight grams of concentrate, oil, shatter, Kief, or hash.  .Over these amounts, you face a week or two in jail and a fine.

no You can give away your marijuana to friends - but if you sell it or give it to minors, you're looking at potential jail time or a fine at the very minimum.
 

 

CONSUMING MARIJUANA

In theory you can get busted for using illegal paraphernalia, and we're not entirely sure what this entails, however, in theory you could get hit for using an illegal consumption device, which can result in 180 days in jail and a fine.  Provided you consume in private or in designated smoking areas, we're not particularly worried about this one.  .  


no Consuming marijuana in a public place, however, is the most common offence, which might result in a small fine, unless you're unlucky.


 

STAY CLEAR OF FEDERAL LANDS - FACILITIES


no Possession of marijuana is legal in California only on State controlled lands.  Federally controlled areas and facilities are under the jurisdiction of the Feds, who, in their infinite wisdom have declared marijuana to be a dangerous narcotic without medicinal value.  

 

This travesty of justice could be yours if you wander around in a delusional world, where all of Cali is cool with weed.  When on their property, the Feds can and will charge you for possession, with fines and jail being a possibility.  If you are a foreigner, you can be deported with a note that you are a narcotic user - in the big brother file.  Feds don't recognize Cali citizen rights, but if you have a medical marijuana recommendation from a doctor, then currently, as of October 2017 at least, the word is that you're probably not going to get busted by a Federal officer - for simple possession of small quantities of medical marijuana.

no Minors - under the age of 18 cannot possess nor consume "dangerous" marijuana legally.  The offence is a fine the first few times, then it's detention. 


 

LANDLORDS - EMPLOYERS - LOCAL RESTRICTIONS

 

no If you grow marijuana outdoors in a city or county with prohibiting bylaws, then you can be fined and in extreme instances, end up in the county jail.

no If you grow marijuana in your rental without the landlord's permission, you can get booted.

no If you consume marijuana and you work for the Feds or one of their contractors, you risk getting busted in a drug test, which could result in your dismissal.  Charges of taking a "narcotic" are also possible if you're working the wrong detail.

 

Your employer may fire you for proven marijuana use, even though you bought and used your weed completely legally.  Medical Marijuana patients are not exempt from being fired as well,  though in practice, medical users are often given a break.


 

SERIOUS JAIL TIME

no Delivery to minor 14 -17 years old = 3-5 years in prison
no Delivery to  minor 14 or under =  3-7 years in prison
no Sell to minor under 18 = 3-7 years in prison.
no Hiring a minor to assist selling marijuana = 3-7 years in prison.

 

If should go without saying, that operating a dispensary, large cultivation operation, distribution network or cannabis courier service without a license gets you serious jail time.  How much?  Consult your lawyer, but 3-5 years is probably the average go-away time.

 

MANUFACTURING VIOLATIONS - SERIOUS - POORLY WRITTEN LAW
 

no If you manufacture your own concentrates and use banned flammables - and don't have a license you are risking a $ USD 50,000 max fine and / or 3-7 years in prison.

no If you engage in other unauthorized processes, like chemical synthesis, presses, screens and other "sophisticated" techniques. these activities could land you in the slammer for 1-3 years. This law sucks because a lot of people will be making their own concentrates with non-dangerous techniques, and the law here is so vague concerning manufacture, that a bust-prosecution could happen in a situation where no criminal activity nor hazard existed in reality.

So if you produce small amounts of concentrates for personal use only, keep it private and don't use dangerous materials.  By being safe and discrete, you're minimizing the chance of being charged under the grey area of the cannabis concentrate manufacture law.  

 


IF YOU'RE BUSTED THE FOLLOWING WORK IN YOUR FAVOR TO RECEIVE THE MINIMUM
 

  • have no prior controlled substance violations convictions

  • have no violence related to the offense

  • no involvement in narcotics or other restricted drugs

  •  never had parole or probation revoked

  • have no felony convictions in the last 5 years

 

no If you get busted, any property associated with the "crime" like a car or manufacturing equipment, may be confiscated and it is going to be hard to get it back..

no All violations of the California Uniform Controlled Substances Act include a fine of up to $ USD. 150 in addition to any specific fines for the offense.

no The State of California may seize vehicles or property involved with controlled substance violations.

 

no If convicted of selling marijuana or illegally growing or manufacturing marijuana, that property becomes the property of the state.
When property is seized by law enforcement, if is is not used as evidence, or the seizing agency fails to refer the case to the Attorney General for forfeiture proceedings within 15 days, it must be returned.  If you are transporting marijuana illegally, over the limits, or some other violation, you can have your driver's license suspended and the vehicle confiscated.


 

MMJDoctoronline Notes:  At the end of the day, anyone that uses marijuana can benefit from having a valid medical marijuana recommendation from a licensed California physician.  They'll save a bundle on tax, and in the event of an incident, police, judges, landlords and employers tend to treat medical users with greater respect.  

Our online process is designed to take you and our doctor the minimum amount of time  - that is required to establish if medical marijuana should be recommended.  Patients don't pay unless they are approved.  MMJDoctoronline documents are used at dispensaries, delivery services, cooperatives, cannabis clubs and at other points of access within the state and at some locations in Nevada as well.


 

FURTHER READING

 

* Guide to California's Marijuana Laws

* UPDATE April 2017 - California's Bureau of Medical Cannabis Regulation has released a notice of rulemaking with hearing dates starting June 1 and draft regulations for retailers, distributors, and labs. *The California Department of Food and Agriculture has proposed regulations for cultivation, nurseries, and processing. The Department of Public Health has proposed rules for manufacturing, including extraction, processing and infusion.

* WARNING: Non-citizens should beware about carrying medical marijuana through US airports. T.S.A. and local police have generally been tolerant of medical marijuana in airline baggage in legal states like CA, this might no longer be the case when dealing with non-citizens. If you are not a US citizen, think about whether - you should carry your medical cannabis ID Card and recommendation with you. Reports are that I.C.E. is asking if people have their cannabis ID cards and/or use medical marijuana, and using that as grounds for deportation on grounds that they are in violation of the federal Controlled Substances Act. This means permanent residents, Visa holders, and those who are not naturalized nor are a natural born citizen.  

*On Nov. 8, 2016 California voters approved Prop. 64, also known as the Adult Use of Marijuana Act -AMMA, by a margin of 57 to 43 percent. Prop. 64 makes the following changes to California law:

*1 Legalizes possession and use of up to one oz. of marijuana -or eight g.  of concentrates and personal use, cultivation of up to six plants per residence - by adults 21 and over.
*2 Reduces penalties for most illegal cultivation, sale, transport, and possession for sale offenses from felonies to misdemeanors, with possible exceptions for repeat or violent offenders or other aggravating circumstances.
*3 Allows prior offenders to file to have their criminal records changed to what they would have been if Prop 64 had been in effect.
*4 Establishes a licensed regulation system for commercial production and sale of adult use cannabis beginning in January 1, 2018.
*5 Levies a production tax of $ USD. 9.25/ oz. of flowers, plus an additional 15 percent excise tax on retail sales of marijuana both adult-use and medical, effective January. 1 2018.
*6 Exempts medical marijuana patients with state-issued ID cards from the existing 7.25 percent+ sales tax effective immediately.
*7 Legalizes agricultural production of industrial hemp effective January 1, 2017..... read more

Labels: law marijuana law california marijuana and jail possession consumption sales

Interesting Posts