Marijuana Legalization in California

Information from Our Knowledgeable San Diego Drug Crimes Attorneys

In November 2016, California residents voted to legalize recreational marijuana. The passing of Prop 64, the "California Marijuana Legalization Initiative," is a major shift in drug policy for the state, will create a whole new marketplace for the plant, and will finally decriminalize consumption of the plant within certain perimeters. It is, however, important to understand that cannabis will still be regulated and both vendors and consumers can face legal penalties if they are found in violation of the new laws.

If you have been charged with illegal possession, cultivation, or sale of marijuana, then it is critical that you seek proven legal counsel immediately. At The Law Offices of Kerry L. Armstrong, APLC, our award-winning San Diego criminal defense lawyers have navigated nearly 100 jury trials and have secured not guilty verdicts in all types of criminal cases. We're ready to assess your case and ensure that your rights and interests are protected both in and outside the courtroom.

Don't hesitate to challenge the allegations against you. Call our firm to request a free case evaluation today.

Where Is Marijuana Still Illegal?

Under Prop 64, marijuana will be regulated much in the way that alcohol is and there will be some circumstances where consuming it or selling it will still be considered a criminal offense. Legally purchasing and possessing marijuana is also subject to the same age requirement for all Californians: 21 years of age.

Other prohibited activities include:

  • Possessing more than 25.5 grams of marijuana
  • Possessing more than 8 grams of concentrated cannabis
  • Consuming marijuana while driving a vehicle
  • Consuming marijuana in public/where smoking is prohibited
  • Possessing marijuana on school grounds

California residents are now also allowed to grow up to six marijuana plants on their property. However, these cannot be used for the unlicensed sale of marijuana and the plants must be kept in a secured (locked) space. Only business entities licensed to sell marijuana will be allowed to do so, much in the way the liquor licenses are regulated throughout the state.

Legal Ramifications

Individuals caught possessing, consuming, cultivating, or selling marijuana outside of Prop 64's guidelines can be subject to penalties—some of which are potentially significant. Selling marijuana without a license, for instance, can result in fine and jail time. If you have been accused of marijuana violation, then it is critical that you seek legal counsel.

You do not have to navigate this new legal landscape without a proven advocate by your side. Call our offices today.