Year: 2018


It is still illegal to sell marijuana. It is illegal to give marijuana to a person under 21. Persons under 21 are prohibited from all activity involving marijuana. If you are negligent, while impaired from smoking, and harm another, you can be sued for damages.

Your employer can restrict use of cannabis at the work site, and even prohibit use off hours if you are given a drug test as part of your employment and there is evidence of use.

Your landlord or leaser has the right to prohibit use of cannabis in your home and on that property.


Despite the new law legalizing the use and possession of marijuana, there remain criminal penalties for possession of marijuana with the intent to sell. However, the offense was reduced to a misdemeanor. Officers will arrest for this offense if one is carrying an amount over the permitted limits, or the marijuana is packaged in such a manner as to indicate you are selling.

Health and Safety Code 11359, 11360, 11361. The misdemeanor punishment for possession for sale, transport, import, will be county jail for not more than six months or by a fine of not more than $500, or both. If the offender involves a minor in the prohibited conduct, or has a prior serious/violent felony conviction, or prior marijuana convictions, the punishment could include a prison sentence.


Health and Safety Code 11361.8. Anyone with a prior felony offense of Possession for Sale that is now reduced to a misdemeanor under the new law, can petition the court to recall and reduce the felony to a misdemeanor.


California citizens demanded, marched, protested for years, but they achieved their goal. You can now legally smoke your pot. But there are restrictions as to where, when, how much, with whom.

Health and Safety Code 11362.1. (What You Can Do If You Are 21): If you are 21, you can purchase, possess and use or share with another adult over 21, 28.5 grams of cannibas; possess and use and share with another adult over 21, 8 grams of concentrated cannibas, including edibles; cultivate not more than 6 cannabis plants.

Health and Safety Code 11362.2.(What You Cannot Do): The six plants you grow must be on your private property and not visible from a public place. The grow must be in a locked space. You must follow local restrictions on the conditions, such as ventilation.

Health and Safety Code 11362.3. (If Smoking Cigarettes Is Prohibited, So Is Pot:) Wherever smoking tobacco is prohibited, you cannot smoke your marijuana. Prohibition against smoking includes using vape devices. You cannot smoke within 1000 feet of facilities that serve children. You cannot possess or smoke on grounds of school, day care center, or youth center while children are present. You cannot have an open container of marijuana while driving, or riding in vehicle, boat, aircraft. Carry your cannabis in your trunk, not your purses. You cannot manufacture concentrated cannabis using a volatile solvent unless you comply with license requirements. You cannot smoke or ingest cannabis while driving or riding as passenger in vehicle, boat, aircraft.

The Vehicle Code against driving while impaired will apply to those impaired by cannabis. Violations of any of these provisions, except the driving while impaired, will be an infraction punished with a fine and drug education programs for those under 21.

Medical marijuana continues to be lawful and guided by the Compassionate Use Act of 1996.