California Marijuana State Laws Guide - Medical Marijuana Laws California
The Golden State became the first state to allow medicinal cannabis use when voters passed the medical marijuana law Compassionate Use Act in 1996.
Today, cannabis is legal in California for both medicinal per the medical cannabis laws and adult (recreational) use.
The struggle to legalize cannabis in California has been around since the 1970s. But, it wasn’t until 1996 that this plant was permitted for medical use by the California medical marijuana law Compassionate Use Act (Proposition 251). Today, the laws regarding marijuana in California are regulated by the Bureau of Cannabis Control, Cannabis Regulatory Authority, Department of Public Health, and Department of Food and Agriculture.
How Did Weed Become Legalized in California?
Industrial hemp was used in the 1700s to manufacture ropes. As such, several areas like California and Mexico grew the hemp plant. However, later in the mid-1800s, the cultivation of this plant was stopped.
Arabs, Turks, and Armenians were among the first people to cultivate hemp and used it for hashish production. But, it was discovered that this substance made certain people have undesirable behavior. This led to the criminalization of marijuana in 1907. Later on, in 1913, a law was passed, which made it illegal to possess cannabis extracts, tinctures, or any other derivatives.
Laws against cannabis were reinforced throughout the 1900s. In fact, in 1932, many people were arrested due to the possession of cannabis. And they were given a maximum of 10 and 15 years in prison for possession or sale of this substance, respectively. However, even though the laws were strict, cannabis continued to grow in popularity, especially among college students. And newspapers stated that half of the population of college students had tried cannabis in the mid-1960s.
While the government tried to stop the cultivation of this crop, its efforts were not successful. Individuals in California and Mexico continued to grow cannabis. And statistics in 2010 revealed that 79% of cannabis national quotas were produced in California.
Even though marijuana was being criminalized, several movements were started at the same time to decriminalize this plant. Some of the efforts that tried to decriminalize cannabis from the mid-1970s up to the new millennium include;
Moscone Act (1975)- this law made those who were found in possession of cannabis in small amounts treated as civil rather than criminal offenders and were to pay a penalty of $100.
Proposition 36 (2000)- was listed under the Substance Abuse and Crime Prevention Act of 2000. With this proposition, first and second-time offenders were not to face trial. Instead, they were to go for rehab.
Senate Bill 1449 (2010)- this law treated those who possess an ounce of marijuana as an infraction, similar to those who violate traffic laws. And they would pay a fine of $100 without appearing in court or having a criminal record.
Legalization of Medical Marijuana
Several movements tried to get cannabis stringent laws amended and were mostly from San Fransisco. Proposition P was approved in November 1991, only for marijuana medical use. Later on, the city board of supervisors passed a resolution urging the police commission and district attorney to be lenient to those growing marijuana for medical purposes.
Actions from these two movements resulted in the formation of bodies like the San Fransisco Cannabis Buyers Club. And in 1993, the Senate Joint Resolution urged legislation to allow marijuana prescription. Then the Assembly Bill 1529 was passed in 1915, which made it okay for physicians to prescribe marijuana to MS, cancer, AIDs, and Glaucoma patients.
But because these bills were vetoed, later on, it led to public participation. Through a ballot, the public passed Proposition 215 in 1996. Then in the same year, possession of marijuana for medical use was legalized by the Compassionate Use Act. This act allowed individuals to possess cannabis if they were using it to treat arthritis, glaucoma, migraine, anorexia, and chronic pain among cancer and AIDs patients who were experiencing these symptoms. Caregivers were also permitted to grow marijuana for their patients.
However, because Proposition 215 used vague wording, several cases appeared in court. This led to the birth of Senate Bill 420, also called Medical Marijuana Program Act. But, it was challenged in the California Supreme Court, and the verdict stated that this bill didn’t regulate how much cannabis a patient can possess.
Legalization of Recreational Marijuana
Like legalizing medical marijuana, there were also serious battles before recreational marijuana was legalized. Groups like Armorphia were among the first to fight against weed criminalization. This promoted the establishment of Proposition 19, also called the California Marijuana Initiative. However, upon public participation, this proposition wasn’t successful. But because the defeat margin was small, its supporters didn’t give up.
Armorphia continued to fight for the legalization of weed until 1974. But due to financial struggles, this group became California’s NORML (National Organization for the Reform of Marijuana Laws).
The battle continued for decades that followed and in 2010, the public was then again required to vote for Proposition 19. However, they still rejected it by 53.5%-46.5% for and against ratio. If this law was passed, it would have made it legal for possession of marijuana among individuals aged between 21 years and above. And cannabis would be given the same status as alcohol.
Later in 2016, voters voted for Proposition 64 or Adult Use of Marijuana Act (AUMA) and passed it by 57% to 43%. Therefore, cannabis was officially legalized. However, the limit that an adult can possess, up to today, is an ounce. But, you can grow six or more cannabis plants if you are licensed.
What California Laws Govern Marijuana Today?
AUMA changed how individuals treated and perceived marijuana. Here are some laws surrounding Cannabis in California today;
Cannabis Possession- individuals aged 21 years and above are not to carry more than 28.5g and 8 grams of marijuana flower and concentrate, respectively. But they can grow up to six cannabis plants at home.
Purchasing of Marijuana- the same quantities listed for possessions can be purchased.
Cannabis Consumption- laws about using marijuana in public or private places are the same as smoking. This similarly applies to ingesting or using electronic devices such as aerosols, vaporizers, etc. However, note that it’s illegal to smoke marijuana in public places, no smoking zones, and within 1000 feet of a school. But individuals can smoke it;
- In their private homes
- Outdoors, in places, smoking is allowed
- Enclosed areas on the grounds of a private home
Driving under the Influence- if you are found operating a vehicle under the influence of marijuana, you pay a similar penalty and face the same prosecution as someone driving under the influence of alcohol.
Transporting Cannabis- transportation rules are similar to those of possession. But the substance must be sealed properly in a child-proof container and be placed where the driver can’t access it. It’s also illegal to smoke cannabis in a vehicle for both drivers and passengers.
Exporting Marijuana- individuals are prohibited from exporting cannabis, whether or not the other state has legalized the use of recreational cannabis.
Marijuana Cultivation- you can cultivate up to six marijuana plants at home and this is limited to six per residence. But you must ensure that you are growing it in a secured place that the public cannot see. If your plant produces more than 28.5 grams of cannabis, you must secure it within your residence.
Conclusion
If you are using or selling marijuana for recreational or medical purposes, it’s wise you acquaint yourself with California Cannabis laws. This will help you avoid problems with the law. So we hope that this article was very informative .
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