As more states across the nation legalize marijuana for medical and recreational purposes, it is crucial to understand the specific laws governing its use, possession, and cultivation in your area. In this article, our team at Kosnett Law Firm aims to provide a comprehensive overview of California’s marijuana laws.
The Compassionate Use Act of 1996
California’s journey toward marijuana legalization began in 1996 with the passage of Proposition 215, also known as the Compassionate Use Act. This groundbreaking legislation allowed patients with a valid doctor’s recommendation to possess and cultivate marijuana for medical purposes. The Compassionate Use Act set the stage for further reforms and paved the way for the state’s eventual legalization of recreational marijuana.
The Adult Use of Marijuana Act (Proposition 64)
California voters passed Proposition 64, the Adult Use of Marijuana Act (AUMA), in November 2016. This led to the legalization of possession, use, and cultivation of marijuana for adults aged 21 and older. Under the AUMA, adults can legally:
- Possess up to 28.5 grams of marijuana flower or 8 grams of concentrated cannabis.
- Grow up to six marijuana plants per household for personal use, subject to certain restrictions.
- Purchase marijuana from licensed retailers.
Marijuana Retail Sales
As of January 1, 2018, licensed retailers in California can sell marijuana to adults aged 21 and older. These retailers must adhere to strict regulations set forth by the Bureau of Cannabis Control, including:
- Verify the customer’s age with a valid government-issued ID.
- Selling only lab-tested marijuana products that meet state potency, purity, and labeling standards.
- Complying with local zoning laws and obtaining necessary permits.
Marijuana Taxation
Proposition 64 established a comprehensive taxation scheme for marijuana, with the goal of generating revenue for various state priorities, including youth drug prevention and treatment programs, environmental restoration, and law enforcement.
Under the AUMA, California imposes a 15% excise tax on the retail sale of marijuana, in addition to state and local sales taxes. This means that consumers can expect to pay a total tax rate of around 30-40% on their marijuana purchases, depending on the local jurisdiction.
Cultivators are also subject to taxes based on the dry weight of their harvest. As of 2021, the cultivation tax rates are $9.65 per ounce of dry-weight flowers, $2.87 per ounce of dry-weight leaves, and $1.35 per ounce of fresh cannabis plant material.
These tax revenues are allocated to various state funds, including:
- The California Marijuana Tax Fund
- The Youth Education, Prevention, Early Intervention, and Treatment Account
- The Environmental Restoration and Protection Account
- The State and Local Government Law Enforcement Account
By directing marijuana tax revenues to these critical areas, California aims to mitigate the potential negative impacts of legalization while promoting public health, safety, and environmental stewardship.
Marijuana DUI Laws
While marijuana is legal for adult use in California, it is still illegal to drive under the influence of the drug. California’s DUI laws apply to marijuana in the same manner as alcohol, and drivers found to be impaired by marijuana can face serious legal consequences, including fines, license suspension, and even jail time.
Marijuana in the Workplace
The legalization of recreational marijuana in California has raised questions about how employers should handle marijuana use among their employees. Despite the change in state law, employers maintain the right to enforce drug-free workplace policies and take action against employees who use, possess, or are impaired by marijuana on the job.
In fact, Proposition 64 explicitly states that the legalization of adult-use marijuana does not affect the rights of employers to maintain drug-free workplaces or require them to accommodate marijuana use on the job.
This means that employers can still:
- Prohibit the use, possession, and impairment of marijuana in the workplace.
- Test job applicants and employees for marijuana use, subject to certain restrictions under California law.
- Discipline or terminate employees who violate company drug policies, even if the marijuana use occurred outside of work hours and did not impair job performance.
As an employee, it is essential to understand your employer’s drug policies and the potential consequences of marijuana use, even if that use is legal under state law.
Seek Legal Help
California’s marijuana laws have evolved significantly over the past two decades, transforming the state into a leader in cannabis policy reform. If you have questions about California’s marijuana laws or need legal assistance with a marijuana-related matter, do not hesitate to contact our experienced attorneys. We are here to help you understand your rights and protect your interests every step of the way.
