Adult Use Marijuana Act – Criminal Defense

Medicinal adult use cannabis business attorney, orange county, riverside, county, san bernardino, San DiegoProposition 64, or more commonly known as the “Adult Use of Marijuana Act” AUMA permits adults, 21 years of age or older, to legally possess, transport, purchase, consume, or share up to one ounce (≤ 28.5g) of marijuana, and up to 8 grams of marijuana concentrates.

It also permits adults, 21 years of age or older, to grow up to 6 marijuana plants per household out of public view. In addition to its legalization provisions, the Act also reduces the penalty for many marijuana offenses – what previously was a felony in many cases has been changed to a misdemeanor or a wobbler. Several misdemeanor offenses are now infractions. A number of statutes are created to regulate the consumption of marijuana in public.

What Cannabis Related Activities Does the AUMA Permit Those 21 years and Over?

If you are 21 years of age or older Health & Safety Code Section 11362.1 et seq. permits the following cannabis related activities to person who do not have a Doctor’s recommendation for the use of cannabis under the Compassionate Use Act (CUA).

It shall be lawful under state and local law for persons 21 years of age or older to:

(1) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis;

(2) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than eight grams of cannabis in the form of concentrated cannabis, including as contained in cannabis products;

(3) Possess, plant, cultivate, harvest, dry, or process not more than six living cannabis plants and possess the cannabis produced by the plants. However, personal cultivation of cannabis is subject to the following restrictions:

A person shall plant, cultivate, harvest, dry, or process plants in accordance with local ordinances, if any.

The living plants and any cannabis produced by the plants in excess of 28.5 grams are kept within the person’s private residence, or upon the grounds of that private residence (e.g., in an outdoor garden area), are in a locked space, and are not visible by normal unaided vision from a public place.

“Private residence” means a house, an apartment unit, a mobile home, or other similar dwelling.

Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time.

A city, county, or city and county may enact and enforce reasonable regulations to regulate possess, plant, cultivate, harvest, dry, or process not more than six living cannabis plants and possess the cannabis produced by the plants. However, a city, county, or city and county shall not completely prohibit persons engaging in said actions and conduct inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure.

A city, county, or city and county may completely prohibit persons from engaging in actions and conduct under paragraph (3) of subdivision (a) of Section 11362.1 outdoors upon the grounds of a private residence.

(4) Smoke or ingest cannabis or cannabis products; and

(5) Possess, transport, purchase, obtain, use, manufacture, or give away cannabis accessories to persons 21 years of age or older without any compensation whatsoever. Cannabis and cannabis products involved in any way with conduct deemed lawful by this section are not contraband nor subject to seizure, and no conduct deemed lawful by this section shall constitute the basis for detention, search, or arrest.

What Cannabis Related Activities Does the AUMA Not Permit Those 21 years and Over?

(1) Smoke or ingest cannabis or cannabis products in a public place, except a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met:

(a) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age and older.

(b) Cannabis consumption is not visible from any public place or nonage-restricted area.

(c) Sale or consumption of alcohol or tobacco is not allowed on the premises.

(d) Smoke cannabis or cannabis products in a location where smoking tobacco is prohibited.

“Smoke” means to inhale, exhale, burn, or carry any lighted or heated device or pipe, or any other lighted or heated cannabis or cannabis product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoke” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in a place.

(3) Smoke cannabis or cannabis products within 1,000 feet of a school, day care center, or youth center while children are present at the school, day care center, or youth center, except in or upon the grounds of a private residence or in accordance with local jurisdiction and only if such smoking is not detectable by others on the grounds of the school, day care center, or youth center while children are present.

(4) Possess an open container or open package of cannabis or cannabis products while driving, operating, or riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.

(5) Possess, smoke, or ingest cannabis or cannabis products in or upon the grounds of a school, day care center, or youth center while children are present.

(6) Manufacture concentrated cannabis using a volatile solvent, unless done in accordance with a State Issued License. “Volatile solvent” means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.

(7) Smoke or ingest cannabis or cannabis products while driving, operating a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.

(8) Smoke or ingest cannabis or cannabis products while riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation except as permitted on a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation that is operated in accordance with local jurisdiction and while no persons under 21 years of age are present.

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