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Marijuana - Legal States > Is Marijuana Legal in California? California Cultivation Laws!

Is Marijuana Legal in California? California Cultivation Laws!

October 20, 2022

Is Marijuana legal in Califonia
Table of Contents

The state of stunning waves and chilling vibe, it’s no news California has its doors wide open for marijuana if you have ever wondered if Marijuana is legal in California.

If you’re planning a trip to the Golden State or thinking of relocating and wondering if you still can still access some green legally, we’re here to give you all the info you need and best of all, show you a little hack on how to get it delivered directly to your front door.

Main Key points

  • California legalized both medicinal and recreational Marijuana.

  • Cannabis is still a controlled substance under federal law.

  • Residents are allowed to grow up to six plants for personal use.

  • Hemp is a potent alternative to marijuana with more affordable prices.

  • Hemp products are legal in California as well.

  • Users prefer Delta-8 products from hemp to reap the same benefits of the cannabis plant with a more smooth, relaxing high.

  • You can buy both marijuana and hemp products in California.

  • Order online legally, and avoid driving.

California was one of the early states to legalize medical marijuana in 1996.

Medical cannabis was made legal by voter approval of Proposition 215. It is known as California’s Compassionate Use Act of 1996 (the “CUA”), which allowed patients and caregivers to possess and cultivate marijuana for medical use. 

In 2003, the California Senate Bill 420, also known as the Medical Marijuana Program Act, was introduced and signed, clarifying the scope of the Compassionate Use Act.

California took further steps to decriminalize and reduce penalties for marijuana crimes.

Medical marijuana patients in California were granted even more liberty in 2021 with the passing of the Compassionate Access to Medical Cannabis Act. The act requires hospitals and other healthcare facilities to allow terminally ill patients to use medical cannabis on the premises.

Under California’s medical marijuana law, patients aged 18+ with qualifying conditions can apply for a medical marijuana identification card.

What about recreational cannabis?

The Golden State keeps on shining on cannabis! Proposition 64 legalizes recreational marijuana. Medical marijuana laws are still applicable for public health, even though the recreational use of MJ is legal in California.

The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) was enacted by the state, which legalized both hemp- and marijuana-derived products for those over 21 years of age. Later, the 2018 Farm Bill was passed and declared hemp products with 0.3% or less Delta 9 THC legal at the national level.

Where is it safe to purchae weed in california

Where Is It Safe to Purchase Weed In California?

The first thing we can advise you is to buy from known retailers, stores, or online retailers. As we’ve mentioned, Cali is a cannabis-friendly state; however, due to the heavy taxation on licensed retailers, there are a lot of unlicensed sellers on the market; some of them were licensed before but chose to go into the black market instead. Getting your green from such individuals could be cheaper but could also put you in a bad situation with law enforcement.

The second thing to be careful of is flyby companies and unknown brands! Just because some cannabis businesses got, a license doesn’t mean they know what they’re doing. Cannabis and hemp products require ample knowledge of the science, chemistry, and manufacturing process.

We’d say your safest bet is online shopping, where you can check the brand’s credentials, ingredients, and reviews, not to mention the delivery services.

Is there a limit to how much weed I can buy in California?

According to the law in The Golden State, adults without a medical card can possess cannabis for personal use, up to one ounce of flower, and/or up to eight grams of concentrated cannabis. So there are plenty of options.

Can I buy weed in California even though I’m not a resident?

Yes, you can buy weed in California even if you don’t live there!

Here’s how: The first thing you need to do is find a dispensary. This shouldn’t be too difficult because there exist now dispensaries on nearly every block in major cities in California.

Once you’ve found a dispensary, go in and speak to the budtender. Tell them that you’re from out of state and be straight and ask if they sell to non-residents. The budtender will likely ask for your ID to verify your age and residency. However, as long as you’re 21 or older and have a valid ID from any state, you should be good to go!

Under the Adult Use Marijuana Act, adults over 21 who are not participating in the state’s medical cannabis program can legally grow and cultivate cannabis plants for personal use (up to six plants, including all of the harvest from those plants). Best of all, you can grow your six plants without a license for personal use; however, if you’re planning on further marijuana cultivation, you will need a permit.

Can you sell marijuana if you have a cultivation license?

The general public is not allowed to buy cannabis from cultivation license holders. They can only get it if they’re registered as medicinal users with their doctor and have an ID card that proves this!

Under California’s marijuana legalization law, you can only sell commercial cannabis if it has been licensed by a newly created Bureau of Cannabis Control. These licenses will be issued to those who meet all requirements and demonstrate they deserve them through their business plan or plans submitted in advance.

Even though it’s a free state when it comes to Marijuana, California has tight laws and high penalties if you don’t follow the rules.

Here’s a quick overview:

Prohibited activities

A marijuana-friendly state doesn’t mean you get to do everything you want to; here are some things you should avoid:

  • Possessing more than 28.5 grams of cannabis plant material (about an ounce) and 8 grams of concentrated cannabis.

  • Giving, gifting, or selling retail cannabis to minors.

  • Driving under the influence of cannabis.

  • Smoking, consuming, eating, or vaping cannabis in public.

  • Opening a package containing marijuana or any cannabis products in public. 

  • Consuming cannabis in any locations where smoking is illegal, Such as restaurants, bars, public buildings, etc 

  • Taking your cannabis across state lines is illegal, even if you travel to another state where cannabis is legal.

California Laws and Penalties:

California is marijuana-friendly, but it can get very unfriendly with harsh punishments for illegal possession and marijuana-related violations.

Marijuana Possession

Possession of marijuana up to 28.5 grams by an adult is legal in California.

Possession of marijuana up to 28.5 grams by a minor is charged with a misdemeanor and may be charged a fine of up to $250 for the first offense.

If you have up to 28.5 grams of marijuana on school grounds is a misdemeanor punishable by a fine of up to $500 and/or up to 10 days imprisonment.

Marijuana possession of more than 28.5 grams is a misdemeanor punishable by up to a fine of up to $500 and/or six months imprisonment.

Possession with Intent to Distribute

Marijuana possession with intent to distribute more than one ounce of marijuana is considered a misdemeanor punishable by a fine of $500 and 6 months imprisonment.

Marijuana cultivation

Perfectly legal: If you’re 21 years old and growing up to 6 marijuana plants in your private residence is a spot that isn’t visible to the public.

Infraction: You will be given an infraction if you are between 18 to 20 years old and you are growing weed in your house. It is punishable by a fine of $100.

Misdemeanor: You will be charged with a misdemeanor if you are 21 years or older and you are growing more than six plants. You might be put into custody in the county jail for up to six months or receive a fine of up to $500.

Felony: You will be charged with a felony when you are cultivating more than six plants and you are guilty of one of the following:

  • A serious violent felony on your record

  • Registered sex offender

  • Two or more convictions under HS 11358

  • Violated environmental laws on cultivating marijuana

  • Do not have a valid commercial license.

Marijuana paraphernalia

The simple possession of marijuana paraphernalia warrants no legal penalties.

Sale, delivery, manufacture with intent to sell or deliver, and possession with intent to sell or deliver marijuana paraphernalia is considered a misdemeanor punishable by 15-180 days imprisonment and/or a fine of $30-$500.

Driving under the influence

Driving under the influence of marijuana is dealt with the same as alcohol; for the first offense, you could get up to 6 months in jail, a $390-$1,000 fine, 3 – 9 months DUI school, and 6 – 10 months suspended license.

California law prohibits driving in possession of up to 28.5 grams of marijuana. (It is similar to the law against driving with an open container of alcohol in your vehicle).

Driving with marijuana in the vehicle is an infraction. It can be punished by up to a $100 fine.

Where is it safe to consume Marijuana?

By now, you probably know that it’s illegal to It is illegal to consume, smoke, vape, or ingest cannabis in public.

Of course, you can do so in your own private residence. However, landlords can ban you from doing so if you are renting. Just be discreet with it and respect the soundings.

Under the controlled substances act, marijuana is considered illegal by the federal government! But there are a few states that legalized it for medical use and/or adult use.

However, industrial hemp was removed from the controlled substances list and is legal under federal law as long as the product contains less than 0.3% THC of total dry weight.

So what’s the deal with all this hemp talk?

Hemp Vs Marijuana, Which is better

Hemp VS Marijuana, Which Is Better?

The short answer is that it depends on you!

Cannabis and hemp are both very similar plants producing the same cannabinoids and possessing great potential medical benefits; the main difference is that cannabis has more THC, and hemp produces more CBD with less THC

You can get the same benefits from both plant extracts.

Many users prefer hemp products because:

  • They’re legal across all states, pretty much.

  • Users are not faced with the overwhelming high of marijuana; instead, they can control their intake and adjust accordingly.

  • Hemp products are more affordable and available online.

  • Reputable Hemp companies are easy to find and verify online.

If you didn’t know, hemp and marijuana offer the exact same benefits. The only difference is one plant has more THC than the other. However, with today’s advancements, you can now convert various hemp-derived cannabinoids to legal THC, which means you, as a consumer, can offer high-grade THC products made from hemp legally only.

NOTE: In Oct 2021, the AB-45 Industrial hemp products bill was updated, and unfortunately, the bill, as of right now, states that all hemp-derived products, including its THC, shall not exceed a THC concentration of 0.3 percent. This means that you, as a consumer, need to pay extra attention to the total THC (milligram) when purchasing finished products.

So what can hemp do for me regarding my pain, sleep, anxiety, and even just relaxation? Read below and learn more.

Best Hemp Products for Pain

Just reading the word pain made you think of your lower back, didn’t it? Most of us deal with various sorts of pain almost on a daily basis! That’s why we resort to marijuana to try to ease that pain, but it could come with an overwhelming high.

Hemp-derived Delta-8 THC is the new cult favorite for pain! This THC variant has the same pain-relieving capabilities as your usual dispensary-grade THC but with less intoxicating effects. Our customers swear by the Delta-8 oil for their pain, and they also enjoy its relaxing euphoria.

*The oil does make you high but without the brain numbness and mental fog of your usual THC.

If Delta-8 oil is not your jam, you can always try our mouth-watering Delta-8 gummies. With our gummies, you can choose the concentration of Delta-8 in the gummy so you can control the strength of Delta-8.

Best Hemp Products for Anxiety

With everything happening, anxiety became a daily routine for many of us, but most people feel foggy and groggy with marijuana, or it could even worsen their anxiety! That’s not the case with our mellow drops.

Just as the name suggests, their flavorful gummies are packed-full of hemp goodness to relax your body and mind with a relaxing euphoric feeling.

Best Hemp Products For Sleep

If you keep tossing and turning and marijuana give you a shot of paranoia before it puts you to sleep, then try one of the most raved-about sleep remedies of all time. CBN oil! People have used CBN oil as a sleep remedy for ages.

Our BiolwellnessX CBN oil goes above and beyond with 2000mg of organic, natural PCR oil, stacked full of different cannabinoids, terpenes, flavonoids, vitamins, minerals, fatty acids, and phytonutrients, and topped with 300mg of pure CBN extract.

Best Hemp Products for Relaxation

If you want something that relaxes your body and gives you a good buzz without making you feel stuck to the couch and without your conspiracy theories going wild, Delta-8 Gummies is your new bestie!

These delicious gummies are packed-full of Delta-8 THC goodness, which solely comes from hemp.

California is officially a cannabis-friendly state, where you can buy, enjoy, and even grow your own cannabis “within limits, of course, read about it above.”

Although it is legal, more and more users are turning to hemp products, whether it’s because of the more pocket-friendly prices or because they’re tired of the strong “stoned” feeling they get with marijuana.

Delta-8 has gathered a cult following over the past few years for its fantastic health benefits for pain, anxiety, sleep, and unique relaxing high, unlike marijuana products.

If you’re ready to give hemp a whirl, visit our website and browse through our dispensary-grade THC edibles for exclusive deals on top-tier, vegan, all-natural hemp products. “Bonus of free delivery on orders above $50

high-grade tthc edibles from hemp - BiowellnessX
Try now and save 15%, plus FREE shipping!

Resources:

  1. Marijuana offenses: https://codes.findlaw.com/ca/penal-code/pen-sect-1170.html
  2. Medical Cannabis Act: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB311
  3. California Senate Bill 42: https://www.ojp.gov/ncjrs/virtual-library/abstracts/senate-bill-42-and-myth-shortened-sentences-california-offenders
  4. 1996 California Proposition 215. (2022, October 15). In Wikipedia: https://en.wikipedia.org/wiki/1996_California_Proposition_215

Legal Disclaimer:
By reading this legal information, you agree to release the author of any liability related to or arising from your use of this data. This post contains no legal advice. The legal status surrounding Delta 8, Delta 9, and Delta 10 THC is constantly changing.
We continuously work on giving you the most updated information. We recommend checking your current state’s laws or federal cannabis laws before purchasing any marijuana or hemp-derived cannabinoids (CBD, THC) in New Jersey. The data in this post is not intended to diagnose, treat, cure or give any medical advice. Do your due diligence and always get your doctor’s advice.

Frequently Asked Questions (FAQ)

Is Marijuana legal under federal law in the United States?

No! Marijuana is still one of the federal controlled substances, meaning that the federal government believes it to have no medical use and a high potential for abuse. Cultivating, distributing, and possessing marijuana violates federal drug laws. However, according to their local governments, it’s legal in some states.

Is weed legal in California?

Yes, marijuana is legal under California laws for both medicinal and adult-use purposes.

Where to buy weed in California?

You can buy weed directly from dispensaries and licensed stores or order hemp products online in California.

Can you smoke weed in public?

No! You’re not allowed to smoke, consume or show weed in public. However, you can visit a licensed cannabis lounge.

In another state and curious if it’s legal there, check our state-wide marijuana guide.

Looking for local deliveries, you might want to check our city guides below:

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