CA: Marijuana Laws Limit Use, Possession

[Ron Strider]

Proposition 64 legalized possession of up to one ounce of marijuana for adults, and went into effect on Nov. 8, when California voters approved the initiative measure. Since then, websites have sprouted up all over the Internet, directing cannabis users to sources of marijuana through delivery services, dispensaries and other methods.

One website, weedmaps.com, strikingly shows how the number of sources has proliferated over the past several months. Icons on the maps illustrate where cannabis in its various forms may be obtained, and by which method. The icons are piling up rapidly on top of one other. Even the mountain communities have approximately twice as many icons as they had just a couple of months ago.

A lot of confusion surrounds the new law, most likely because few individuals have actually read the text of the law, which was distributed in the Official Voter Information Guide prior to the general election. The details covered 32 pages.

Anyone who wants to remain in compliance should study the law itself. It's available online and it's probably still sitting in that stack of mail and newspapers you've been saving since last November.

Several main points pertaining to the Adult Use of Marijuana Act are listed below. This summary is not intended to be legal advice. Consult with a licensed attorney as needed.

POSSESSION

Any adult 21 years or older may obtain, possess, transport or give away to other adults, 21 and older, no more than one ounce (28.5 grams) of marijuana or no more than eight grams of concentrated cannabis.

Possession with intent to sell any amount of marijuana is still a felony.

Note that retail sales for adult use will not begin until licensed stores are in operation after Jan. 1, 2018.

CULTIVATION AND MANUFACTURING

Since possession is legal, the question arises as to how an individual can obtain marijuana, since sales are illegal except from licensed dispensaries in counties that allow them.

Under the law, Californians may grow up to six plants per residence for personal use only. Cultivation is limited to inside a private residence or in an enclosed, secure, locked accessory location on the property. The plants must be out of public view.

The six-plant limit is per residence, not per person.

USE

Even if an individual may possess marijuana, it may not be consumed in any public place. No legal provisions exist for any premises to allow on-site consumption and no licensing procedures are in place.

However, a lot of people don't wish to sit at home alone while using marijuana. They want to congregate, socialize and network among other members of the cannabis community.

Some individuals recall that smokers may not smoke marijuana in any location where tobacco smoking is prohibited. To their own advantage, they have turned the rule around to assert that cannabis users may smoke marijuana in locations where tobacco smoking is allowed. This logic is erroneous.

Further, most people who have a job need to remember that employers may forbid their employees from using marijuana.

Additional state laws address vehicles, minors and medical patients. Federal laws continue to prohibit possession, use and all other aspects of cannabis commerce.

Whatever your plans are for possession and use of marijuana, it is essential to check the language of the laws or obtain professional legal advice from a licensed attorney for your own protection.

News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Marijuana Laws Limit Use, Possession - Mountain News : News
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[livetoskate81]

You see I live in So Cal and I was under the impression she that my roommate and I where allowed 6 plants each but it really reads 6 plants per residence!!!!! I am also a card holding Medical patient So I'm going to have to look into that more!!!! But thank you for putting this up very informative!!!!!

 

[Icemud]

You see I live in So Cal and I was under the impression she that my roommate and I where allowed 6 plants each but it really reads 6 plants per residence!!!!! I am also a card holding Medical patient So I'm going to have to look into that more!!!! But thank you for putting this up very informative!!!!!

Check with the city you live in, each city is allowed to reasonably regulate the city ordinance in relation to the 6 plants. Some cities are requiring a permit to grow your 6 plants, which involves a fee, paperwork, inspection of your residence and allows for random inspections. Some cities do not have this requirement, as its up to each city to choose how they want to regulate it.

Make sure you are in line with what your city allows.... it sucks, but thats what the people voted for... local control

 

[gentlhart]

Here's the problem I have with the local government's requirement to get a permit to grow six plants in your own home. What the local government is saying that we can only grow our six plants allowed by state law if we pay them money to forfeit our constitutional right to privacy and give them permission to enter our homes whenever they want. I don't think so Tim. According to one of the Fresno county board of supervisors, one plant produces four pounds. So using his figures, six plants equal 24 lbs of bud, wouldn't $10,000 be reasonable for a permit to grow six plants that will produce an estimated street value of $5 million?

 

[Icemud]

Here's the problem I have with the local government's requirement to get a permit to grow six plants in your own home. What the local government is saying that we can only grow our six plants allowed by state law if we pay them money to forfeit our constitutional right to privacy and give them permission to enter our homes whenever they want. I don't think so Tim. According to one of the Fresno county board of supervisors, one plant produces four pounds. So using his figures, six plants equal 24 lbs of bud, wouldn't $10,000 be reasonable for a permit to grow six plants that will produce an estimated street value of $5 million?

You and me are in the same boat.. I agree 420%.. unfortunatly with the passing of Prop 64 it allowed local control.. I tried to make everyone aware of this before it was voted but so many people just took the law at face value and said "legal weed, cool" without reading all the details.. so now we are stuck with these crappy laws...

I'm sure over time lawsuits will challenge the constitutionality of it as I agree with you... I hate all "permits" which used to be human rights, and now our greedy government takes them away, and charges us a fee to exercise our freedoms. Its not right... I'm glad most of us feel this way.

 

[gentlhart]

I was aware that local governments can ban outdoor growing and dispensaries but it was my understanding that they couldn't ban six plants inside your home. By requiring permits to grow, they are in effect banning that also by denying people who can't afford the permit and/or refuse to give up their constitutional right to privacy.

 

[Icemud]

I was aware that local governments can ban outdoor growing and dispensaries but it was my understanding that they couldn't ban six plants inside your home. By requiring permits to grow, they are in effect banning that also by denying people who can't afford the permit and/or refuse to give up their constitutional right to privacy.

That is correct that they can ban outdoor and they can NOT ban the ability for 6 plants, however, the wording "reasonably regulate" in relations to what they can do is open for debate or interpretation.

Its crazy what some of these cities are proposing. Some go as far as telling you how many watts you can use, some say that you can only grow in a locked enclosure attached to your house (like a shed or garage), and some say all of the above... each city is different in how they choose to "reasonably regulate" and there are about 6-10 cities that I am aware of that require city permits to grow your 6 plants.

Its crazy how much control that Prop 64 gave the cities and counties... I would estimate that out of the 490 cities or so in California, only about 30 of them are even allowing commercial cannabis cultivation.. the rest have banned it, or put a int rum placeholder ban in place for later discussions.

Most likely your city is minimal with the regulation on 6 plants... most cities are pretty ok with it and don't have invasive ordinances, but some do so I figured I would mention it as many don't know the details of the new changes... Best thing to do is google "your city name + ordinance + cannabis" and generally those search terms will pull up the cities ordinance.

 

[gentlhart]

I'm in Fresno county, a strictly anti cannabis area bent on keeping it totally illegal. Fresno city and county had a joint session to discuss what to do about prop 64 on may 30. I tried hard to be there but didn't make it. What I'm trying to do now is find out what all was said there but can't find anything. Their own video stops before they got to the cannabis issue and what they did show was jam pacted with stop and go.

 

[Icemud]

I'm in Fresno county, a strictly anti cannabis area bent on keeping it totally illegal. Fresno city and county had a joint session to discuss what to do about prop 64 on may 30. I tried hard to be there but didn't make it. What I'm trying to do now is find out what all was said there but can't find anything. Their own video stops before they got to the cannabis issue and what they did show was jam pacted with stop and go.

Are you in city jurisdiction or unincorporated under county?

 

[Icemud]

So looking at the most current County ordinance I could find... which was drafted on Dec 6, 2016 shows that an intrum ordinance was passed because of time, so it doesn't seem to be set in stone, and will remain in effect until Dec 5, 2018.

Not much mention of personal cultivation is mentioned in it, and the ordinance specifically says:

Interim Urgency Ordinance 16-017 prohibits:
1. The possession, planting, cultivation, harvesting, drying, or processing of
nonmedical marijuana outdoors on the grounds of a private residence in all Zone
Districts of Fresno County, to the fullest extent permitted by State law.

2 key things in this are "fullest extent permitted by State law" which says you can grow 6 plants... the other thing that is interesting is it specifies "nonmedical marijuana" which points that this is referring to the legal 6 plants. It only says "outdoors" is prohibited, so its ok indoors... and no other mention of any regulation or rules exist within that ordinance I could find.....



Earlier in the Ordinance it says

SECTION 3. The Board of Supervisors of the County of Fresno hereby makes
the following legislative findings:
A. The Ordinance Code of Fresno County currently prohibits (1) the cultivation of
medical marijuana and (2) the operation of medical marijuana collective and
dispensaries, in all Zoning Districts of Fresno County.

What I find very odd about the 2nd one is that they specifically call out "cultivation of medical marijuana" and say that its prohibited. I don't know how this plays out because I do know there was some case of the city of riverside vs a collective (can't remember the name) but they deemed that the right to grow medical marijuana was not a right and therefore the cities could regulate or ban it if they want. To me personally I don't know if that is constitutional or legal because of the Prop 215, MCRSA and other protections that medical patients have. But I do believe that it was determined that there isn't a right to grow medical marijuana..supposedly so it seems that they are saying here that medical marijuana isn't allowed, or basically they are disqualifying the limits in MCRSA which is the new medical law which says that medical growers can grow up to 100sqft per patient in their residence and I think the limit is 500sqft for caregivers with up to 3 patients.. (may be slightly off on the numbers).


So I think they are saying that they want to stick with the 6 plant limit, no outdoors, no size restriction or other restrictions indoors as long as you don't exceed the plant count.

Now this is a intrum ordinance which means it most likely will be changed in the future...


Also this only applies to county territory and not city zoning... so if you are in Fresno City limits, then you would have to abide by city ordinance, not the above county one.

Hope this helps. ****also to mention I am not an attorney so mild disclaimer to always seek actual legal council if you want to be sure... but I can assure you this is the most recent ordinance I found for your county... I'd share the link but I don't believe its allowed.

Here is the title of it if this helps you find it online

BEFORE THE BOARD OF SUPERVISORS
OF THE COUNTY OF FRESNO
STATE OF CALIFORNIA
ORDINANCE NO. _____
INTERIM URGENCY ORDINANCE NO. 16-017, ADOPTED ON DECEMBER 6,
2016, AS AN URGENCY MEASURE PURSUANT TO GOVERNMENT CODE
SECTION 65858 IS HEREBY EXTENDED.

 

[gentlhart]

I'm in the unincorporated area of Fresno county. I'm aware that no medical cannabis plants are allowed, $1,000 fine for each plant. Sheriff Mims has said that she and the county will do everything in their power to keep cannabis illegal. If they can ban the six plant limit, they most certainly will.