July 5, 2017 By Wallin & Klarich

In November 2016, California voters approved Prop 64, making the recreational use of marijuana legal in the state. However, this does not mean that every person in California can do as he or she wants when it comes to the drug. There are still a number of ways that using marijuana can lead to you facing criminal charges.

Many people are confused about California’s legal marijuana laws. Here are some common questions we have heard, along with answers to those questions.

  • Can I Drive While Possessing Marijuana?

The law allows any person over the age of 21 to carry an ounce of marijuana or up to four grams of concentrated cannabis on his or her person. However, it is an infraction under California Vehicle Code section 23222(b) to drive while in possession of up to an ounce. So what happens if you get pulled over?

It is unlikely that officers will choose to enforce this law, but if the officer who pulled you over cites you for violating VC 23222(b), you could face a $1000 fine plus penalty assessments.

Similarly, there is also a law against driving in a car with an open container of marijuana. Doing so is a violation of Health and Safety Code section 11362.3, which can lead to a fine of $250. Your best option is to keep your marijuana in your trunk.

However, regardless of whether you are in a car or not, if you are caught with more than one ounce of marijuana (or four grams of concentrated cannabis), you could be charged with a misdemeanor under Health and Safety Code Section 11357. This crime is punishable by up to six months in county jail, a $500 fine, or both.

  • Can I Grow and Sell Marijuana?

Private individuals can grow up to six marijuana plants at home. The plants must be indoors in a locked area that is not visible from outside the property. However, any person who sells marijuana could be charged with a crime, unless he or she obtains a license to sell. Those licenses will not be issued until after January 1, 2018.

Without a license, it is against California Health and Safety Code Section 11360 to either sell marijuana or transport it for the purpose of selling it. If you do either without a license, you could be charged with a misdemeanor. A conviction is punishable by up to six months in county jail, a maximum fine of $1,000, or both.

  • Is It Legal for My Boss to Ask If I Use Marijuana?

The tricky problem with legalizing marijuana in California is that while the state allows its use in limited ways, it is still against federal law. Employers have the right to make sure state and federal laws are not violated in the workplace, which includes keeping a marijuana-free work environment. Additionally, Prop 64 allows employers to test for marijuana use and to terminate workers who violate the company’s drug policy.

Contact the Criminal Defense Attorneys at Wallin & Klarich Today

Many people think they can do whatever they want with weed now that marijuana is legal in California, but that is simply not true. If you have been arrested for a marijuana-related crime, you should contact an experienced criminal defense attorney immediately. Our attorneys at Wallin & Klarich have over 35 years of experience successfully defending people accused of marijuana-related crimes. We can help you now.

With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance and Victorville, there is an experienced and skilled Wallin & Klarich criminal defense attorney available to help you no matter where you are located.

Contact our offices today at (888) 280-6839 for a free phone consultation. We will be there when you call.

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