Marijuana in California is legal for medical use since 1996, and for recreational use since late 2016. California led the nation in legalizing medicinal marijuana. Under California law, patients who meet certain prerequisites can get and use cannabis legitimately with a physician’s recommendation. Recreational user has likewise as of late been legitimized in California, yet all cannabis use stays illegal under government law.
Medical Marijuana Laws in California:
Medical Marijuana Laws in California have been legitimate since Proposition 215, the “Compassionate Use Act,” passed in 1996 (Cal. Health & Safety (H&S)). The parliament passed the “Medical and Adult-Use Cannabis Regulation and Safety Act” (“MAUCRSA”) after Proposition 64 legitimized recreational cannabis and making an associated regulatory system for both medical and recreational cannabis or marijuana.
These rules give authorization and regulate for-profit cultivation, distribution, dispensary, manufacturing, testing, and transportation, with permission required from both local and state agencies.
Many cities and counties forbid or control dispensaries and growing, using, or transporting marijuana. Some states or cities may have its own one of kind laws. Most are accessible on the web.
Use of cannabis, occupancy, and distribution in not legitimate under federal law. 21 U.S.C. § 801 et seq. For medical use, there is no difference or exceptional treatment, and California law cannot override federal law.
In January 2019 then-nominee Attorney General William Barr stated in writing that he had no intention of pursuing action against businesses complying with state laws.
There are endeavors at the federal level to restrain federal law enforcement from making a move against individuals and organizations in states that have sanctioned cannabis.
Check out our article on “Why should marijuanas be legalized” to know the facts and reality.
Return of cannabis swallowed by a police stop or arrest:
Law enforcement officers often seize marijuana for investigations, whether or not they arrest the patient. The patient is entitled to the return of the property, but in some cases, it is not as easy as just requesting it back.
The patient can file a motion for return of the property, if the police department will not return the marijuana upon request. Information and samples for doing this are available at the Law Library or on the website of Americans for Safe Access (ASA). They keep information on patients’ legal rights when dealing with law enforcement as well as practical tips on growing and using medicinal marijuana.
Special Benefit of Having Medical Card than Recreational Users:
By the rules of Prop 64, the users of age 21 or more can only purchase and carry up to 1 ounce and grow 6 plants or less. On the other hand, Medical Marijuana Cardholder can carry and purchase 8 ounces and 12 plants with the age of 18 or more. They can also get a California grower’s license for limit exemption and grow up to 99 plants. If any user is under 18 years, then it must be accompanied by a parent to get a Medical Marijuana Card.
Although cannabis is now legal in California, there are still many restrictions in place in regards to using and growing cannabis products. If you’re only using cannabis for recreational purposes, you can’t carry and use your cannabis products as freely as you can if you own an MMJ card.
Medical Marijuana Cardholder have access to a large number of dispensaries. Though it is legal, the number of recreational shops will rely on individual jurisdictions. Cities and counties will have the right to limit and even say no to dispensaries within their borders, and many are already exercising this right. The medical marijuana card is the best way to get access to over 1000 California dispensaries.
