Legalized Marijuana: Know the Law
In November 2016, California passed Proposition 64, the Adult Use Marijuana Act (AUMA), legalizing recreational marijuana use for adults 21 years of age or older. On January 1, 2018, California began its first day of adult-use cannabis sales, making recreational dispensaries officially open to the public. Cannabis remains legal for medical use by patients of all ages who have a physician’s recommendation under California’s 1996 medical marijuana law, Prop. 215.
Who is allowed to consume cannabis?
In the state of California it is legal for adults 21 years of age and older to purchase, possess and consume cannabis as well as anyone 18+ with a valid doctor's medical recommendation.
Learn how to consume responsibly.
How much cannabis can you purchase/possess?
Those who are 21 years or older are able to possess, privately use, and give away up to 28.5 grams (g) of marijuana flower and up to 8 grams (g) of marijuana concentrate. Additionally, adults are allowed to possess up to six living cannabis plants within their private residence.
As long as you are 21 years or older and possess a government-issued identification to prove you are 21 years or older, you have a constitutional right to possess and consume marijuana in California.
How can you legally buy cannabis?
Adults 21 years of age and older with a valid photo ID can legally obtain cannabis from a Licensed Retail California Dispensary.
Adults 21 years of age and older can give up to one ounce of cannabis to another adult 21 years of age and older as long as it does not require any form of compensation.
Where can you consume cannabis?
As with other states that have passed measures to legalize recreational marijuana, there are several restrictions on consumption. Under AUMA, marijuana consumption is housed under one term, “Smoke.” To smoke refers to inhaling, burning or carrying a lighted/heated device/pipe intended for inhalation. Please note that electronic devices such as vaporizers or aerosols, and even ingesting all fall under this same category. Essentially, there is no circumvention of the law when it comes to cannabis consumption in a prohibited place, so always be sure to follow the law accordingly.
First and foremost, you are NOT allowed to consume legal cannabis in the following places:
ANY public place or area
ANY location where tobacco smoking is prohibited
Within 1,000 feet of a school, youth center or day care where children are present while not inside the confines of a private residence (If you are at a private residence WITHIN 1,000 feet of a school/day care/youth center, you may consume ONLY if the smoking is undetectable to the surrounding area)
You ARE able to consume legal cannabis in any of the following places
Accessory structures located on the grounds of a private residence that is enclosed & secure from the public
Outdoors on a private residence so long as the city/county the residence is located in does not prohibit such action
Can you purchase cannabis seeds and grow your own cannabis?
In California medical cannabis patients and all adults 21 years of age and older may purchase cannabis seeds and clones and cultivate limited amounts of cannabis for medical or personal use. All cannabis cultivated by non-medical patients must be grown in an enclosed and locked space not visible to neighbors or the public. If you are cultivating cannabis at your residence and a person under the age of 21 lives in the home, the cultivation area itself must be enclosed and locked. If no person under the age of 21 lives at the residence the external locks of your home may be sufficient, but if a person under 21 years of age enters the home you must ensure that access to the cultivation site is restricted. Before growing marijuana at your private residence make sure to check that your local government has not imposed additional requirements on personal cultivation, including prohibitions on growing outside, limits on plant count or size per property, permitting requirements, etc.
Can you travel with cannabis?
Adults 21 years of age or older are allowed to transport up to 28.5 grams (g) of marijuana flower and up to 8 grams (g) of marijuana concentrate. To legally transport marijuana, it must be kept in a child-proof container out of direct reach of the driver.
It is NOT legal to transport an open package or container of marijuana/marijuana products. This rule goes for all passengers in the vehicle. Additionally, passengers of a vehicle are prohibited from smoking inside of the vehicle.
Exporting marijuana across state lines, whether driven or through the mail, is illegal in the state of California (Even if the state you are exporting to has legalized recreational cannabis).
Is it legal to drive after consuming cannabis?
Even though recreational cannabis may be legal, please be aware that driving under the influence of marijuana is still very illegal. In fact, since the passing of AUMA, many people believe that law enforcement will dedicate increased time and manpower to enforcing canna-DUI laws.
To be clear, ANY instance of driving under the influence of marijuana is deemed unlawful by the California state government and law enforcement. Penalties for marijuana DUIs can range anywhere from informal probation, fines/license suspension or even jail time. Similar to that of alcohol DUIs, penalties increase with each conviction.
Clearly the risks associated with driving high far outweigh the rewards, so consume your cannabis responsibly and legally at all times.
Can you lose your job or face other collateral consequences for using cannabis?
Unfortunately, yes, employers can still fire adults for responsible off-the-job cannabis use. We recommend learning about your employer’s policy prior to consuming cannabis. Also, since cannabis is still illegal under federal law, using it can result in loss of certain benefits, such as public housing assistance and college financial aid.
Disclaimer: Cannabis laws and policies in the City of Palm Springs and the State of California are subject to change. Please check this site regularly for new or modified information. Please be aware: This product has intoxicating effects and may be habit forming. Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug. There may be health risks associated with consumption of this product. Keep out of the reach of children.