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cannabis For Personal Use

PERSONAL: MEDICAL USE

In 1996, the State of California became the first state in the nation to legalize medical cannabis when voters passed Prop 215 or The Compassionate Use Act. That distinction is now shared with 27 other states. Under the Compassionate Use Act, qualified patients and their caregivers are allowed to cultivate cannabis for personal use, subject to local laws.

PERSONAL: NON-MEDICAL (RECREATIONAL) USE

On November 8, 2016, California voters passed Prop 64 or the Adult Use of Marijuana Act (AUMA) , allowing adults 21 years or older to legally grow , possess and use cannabis a for non-medical purposes.  California is currently one of only seven states where recreational cannabis is legal.  Under Prop. 64, residents can grow up to 6 plants in their household, subject to the approval and/or conditions set by their local jurisdiction.

The City of Sacramento allows residential cultivation of up to six plants, indoors only - whether for medical or recreational purpose, subject to conditions set under Title 8 of the City Code.  Violations of the 6-plant rule is subject to a fine of $500/plant in excess of the limit .

Below are answers to some of the common questions surrounding Prop 64:

  • You have to be 21 or older to legally use non-medical marijuana. Minors who violate the law will be required to complete 4 hours of drug-education program or counseling, and up to 10 hours of community service.
  • You cannot smoke in public. Smoking marijuana in public carries a fine of up to $100, and up to $250 where tobacco smoking is prohibited, or within 1,000 feet of a school, daycare center or youth center where children are present.
  • The amount you can possess on your person is limited to 28.5 grams or 1 ounce. Note that possession and smoking and other forms of ingestion may be prohibited altogether in certain government-owned facilities.
  • You are allowed to grow up to 6 mature or 12 immature marijuana plants for personal recreational use. (If you are a qualified patient or a primary caregiver to a qualified patient, you you can continue to cultivate in an indoor fully-enclosed area up to 400 sq. ft. for medical use but subject to conditions specified under the City of Sacramento’s Health and Safety Code, Title 8, pertaining to the cultivation of medical marijuana.)
  • Edible marijuana products can only contain 10 milligrams of THC (the psychoactive agent ingredient of marijuana), and needs to be contained in a childproof packaging and properly labeled.
  • Driving and smoking or consuming marijuana is considered driving impaired and subject to penalties under California’s DUI laws. Specific protocols for determining if a driver is impaired by marijuana are still being considered in the California Legislature.
  • You cannot take marijuana across state lines. Federal regulations specifies, even in the states with legal marijuana, that products have to be grown and consumed in that state only.

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