COUNTY OF MONTEREY
HEALTH DEPARTMENT
LAWS
Where can I consume cannabis?
Under Adult Use of Marijuana Act (AUMA), cannabis may not be consumed in the following locations:
- Any public place ($100 infraction).
- Exception: local governments may permit on-site consumption at state-licensed premises in their jurisdiction
- Any non-smoking area, or within 1,000 feet of a school, daycare or youth center while children are present, ($250 infraction)
- While driving or riding as a passenger in any motor vehicle, boat, or airplane ($250 fine).- Exception: consumption by passengers may be permitted in commercial vehicles specifically licensed for such purposes without children present
Can I have cannabis in my car?
Cannabis travel regulations fall under Vehicle Code 23222(b), which is California’s open container law. It states that all cannabis (flower, edibles, concentrates, etc.) in a vehicle must be in a sealed, unopened container.
- You can receive a fine of up to $100 if cited with an open container.
Open containers are defined to mean any receptacle containing cannabis or cannabis products that has been opened or has a seal broken, or loose cannabis flower not in a container, except when in the trunk of the vehicle.
- Exception: Qualified Prop 215 patients carrying an ID card or recommendation may possess cannabis in a container that is closed or resealed
Driving while using cannabis
The same statute that makes drunk driving a crime in California also covers “drugged driving.” This law makes it unlawful to drive while:
- under the influence of any drug
- under the combined influence of alcohol and drugs, or
- addicted to the use of any drug.
In California, “under the influence” includes substances ingested that have affected the nervous system, the brain, or muscles as to impair to an appreciable degree the person’s ability to operate a vehicle safely.
A driver arrested for drugged driving in California will be charged with driving under the influence and can be subject to the same penalties that apply to an alcohol DUI.
- A conviction for drugged driving will be considered a prior offense for purposes of calculating punishments. So generally, the costs and other consequences of a drug-DUI conviction depend on whether it’s a first, second, or third offense
California’s "implied consent" law requires all drivers lawfully arrested for driving under the influence of drugs or alcohol to submit to blood or urine testing when requested to do so by an officer. Refusal to take a test results in license suspension and can be admitted into evidence against the driver at a DUI trial.
More information may be found here: https://dui.drivinglaws.org
How many cannabis plants can a recreational user grow?
Under the Adult Use of Marijuana Act (AUMA), adults over 21 years of age may grow up to 6 cannabis plants. The law limits the number of plants grown per household to 6. Growing more than this amount can result in criminal penalties
How many cannabis plants can a medical patient and caregiver grow in California?
Under Proposition 215, qualified patients and caregivers can legally grow medical cannabis for personal use with a recommendation from a licensed physician
Patients
Patients can grow cannabis in an area that is 100 square feet
Patients can grow up to 6 mature cannabis plants and 12 immature plants, or an amount consistent with their needs upon a licensed physician’s approval
Caregivers
Caregivers can grow cannabis in an area that is 500 square feet
Caregivers can assist up to 5 patients
Can I get fired for using cannabis?
Proposition 64 explicitly allows “public and private employers to enact and enforce workplace policies pertaining to cannabis
You can be dismissed for consuming even if it is on your own time and away from work, based on your company’s policy.
- Before you consume cannabis, you should know specifically what your employer does or does not allow.
What about people with a doctor’s recommendation
- In California, there are no workplace provisions protecting the rights of medical marijuana patients. There is no law requiring accommodation for medicating on the job or protection from termination.
- The state Supreme Court has ruled companies may fire workers who fail drug tests even if they present evidence of a doctor’s recommendation for legal medicinal use
What about California state workers?
Forty-one California state agencies can test various employees if there is “reasonable suspicion” of alcohol or drug use, including cannabis
Employees can be dismissed, depending on test results. The purpose of the policy is “to ensure the state workplace is free from the effects of drug and alcohol abuse
The alphabetical list spans from the Air Resources Board to the Department of Water Resources and includes the departments of Corrections, Rehabilitation and Motor Vehicles, the Lottery Commission, California Public Employee Retirement System and the State Fair
- The entire list may be found here:https://www.sacbee.com/news/california/california-weed/article152918329.html
You must be 21 years of age to buy, use, carry, or grow
Adult’s age 21 and older may possess up to one (1) ounce of dried marijuana or eight (8) grams of concentrated cannabis under California law. They may also grow up to six (6) plants for their personal use, subject to certain restrictions
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
People under age 21 who possess marijuana can be charged with an infraction and sentenced to a fine (if at least 18) or to drug counseling and community service (if under 18)
Restrictions on sale and transport
It is still a crime to sell marijuana in California — or to possess it with the intent to sell it — other than with both a state and local license
For most people, violation of California’s cannabis laws is a misdemeanor and people with serious criminal history (including multiple prior drug convictions) can be charged with a felony for violating California drug laws
More information may be found here: www.shouselaw.com
Sharing with an underaged friend
The penalty in California for giving marijuana to someone under 21 without a doctor's recommendation for medical use is up to six months in jail and a fine of as much as $500 for a first offense
Illicit market
You can only sell commercial cannabis as part of the legal cannabis industry if you have obtained a license
If you do not have a license, then selling cannabis--or transporting it in order to sell it--is still a crime under California Health and Safety Code 11360 HS. Under Prop 64, HS 11360 has become a law intended to prohibit the illicit cannabis market
Unlicensed sale, or transport for sale of cannabis may be punishable as a misdemeanor by up to six (6) months in County jail and/or a fine of up to one thousand dollars ($1,000). For defendants under 18, it is an infraction
Sale/transport for sale of cannabis without a license is a felony for defendants who have a prior conviction for serious violent felonies or pervious history of selling cannabis
More information may be found here: