Marijuana FAQ

Recreational marijuana sales became legal in California on Jan. 1, 2018, marking a major milestone for the state’s cannabis industry and its many customers. Here is a marijuana FAQ that covers some of the major questions people have in the bay area and elsewhere in the state.

Proposition 64, the voter-approved law that governs recreational pot in the Golden State, however, doesn’t offer the complete freedom to buy, grow and smoke marijuana just anywhere you please.

In reality, the rules are fairly strict. And they are consequential for employers and employees and anyone who wants to sell, purchase, consume or transport cannabis in the state.

How does the Federal Government regard Marijuana?

There’s also the complication that marijuana remains illegal federally. A cloud remains hanging over legal weed.

That point was made clear this year when U.S. Attorney General Jeff Sessions rescinded an Obama administration memo that recommended a hands-off approach to marijuana prosecution in states that have legalized pot. The move was seen as possibly paving the way for a federal crackdown on marijuana, though it’s still uncertain whether that will happen.

President Trump, during his campaign for the White House, pledged to leave legalization up to the states, a examined by Politifact in some detail.

Below are some of the other key facts about what’s legal and what’s not — at least under state law — in California’s new cannabis landscape. It’s not a complete guide but we plan to update it as more questions arise.

What are the rules for buying recreational marijuana?

The law permits adults 21 and up to buy 1 ounce of cannabis per day, which is enough material to fill a few dozen joints. You can alternately purchase up to 8 grams of cannabis concentrates found in marijuana edibles such as candies, brownies and breakfast bars.

The number of edibles you can legally possess depends on the product itself. A can of cannabis butter, for example, contains a larger amount of concentrates than a single edible, so concentrate-heavy products could put the carrier over the legal limit.

No matter the kind of cannabis you want, you’ll need to visit a state-licensed recreational dispensary. The agency that regulates marijuana, the California Bureau of Cannabis Control, has a complete and updated list of licensed dispensaries on its website.

You’ll need a valid ID or driver’s license. And you’ll also likely need cash as most dispensaries don’t accept checks or credit cards.

Finally, don’t expect to see any 24-hour pot shops: The law makes it illegal to sell between 10pm and 6am.

Where can you legally smoke or consume recreational pot? Short answer: Not in public

To stay within the law, you’ll need to consume cannabis on private property. “You cannot consume, smoke, eat, or vape cannabis in public places,” according to the state Department of Public Health’s .

Smoking marijuana where tobacco is prohibited is also illegal, unless there is a local ordinance expressly allowing its usage. This includes school campuses, restaurants, bars, public parks and hospitals — essentially any public building.

Don’t expect to legally light up on campus: The University of California and California State University systems say they don’t plan to change their policies barring marijuana, according to a recent Sacramento Bee article.

Marijuana DUI: No smoking pot while driving or riding in a car

Another California law that went into effect Jan. 1 bans lighting up or snacking on any marijuana products while driving or riding as a passenger in a car. That includes cannabis edibles.

The new law also regulates how and where consumers can store marijuana while in a car, similar to the state’s open alcohol container rules.

“It has to be sealed in a container. The seal cannot be broken. And if it is in an open container, it would have to be locked away in a place like the trunk,” California Highway Patrol Sgt. Oscar Chavez told Capital Public Radio in December 2017.

Violations of that new law are considered infractions and punishable by a $70 fine.

Chavez said officers are trained to detect impaired drivers, whether the impairment is due to alcohol or marijuana. He said the same guidance applies to all drivers — if it’s not safe to drive, don’t get behind the wheel. The same DUI penalties also apply to both sets of drivers.

Can my landlord ban cannabis? Yes.

Property owners and landlords may ban the use and possession of cannabis on their properties, according to the State Department of Health.

The state agency outlined two other restrictions:

  • You cannot consume or possess cannabis on federal lands such as national parks, even if the park is in California.
  • It is illegal to take cannabis across state lines, even if you are traveling to another state where cannabis is legal.

Can you get fired for having marijuana in your system?

It depends on your employer. There is no state law that protects employees from termination for using marijuana. A 2008 Supreme Court decision ruled that employers are entitled to fire employees who fail a drug screening for marijuana, regardless of state law.

It’s up to individual employers to continue to test for marijuana or decide to remove it from the common 5-drug panel that also tests for cocaine, PCP, opiates and amphetamines.

Prop 64 has special language to empower employers to tailor their drug policy according to their wishes.

Employers that contract with the federal government may see a prohibition of use as well, since those employers will defer to federal law that still classifies marijuana as an illegal drug. 

Can I take marijuana with me on a plane?

It is not legal to transport marijuana of any amount by plane, even if it’s medicinal. That includes trips within state borders and to other states that have legalized marijuana. The Transportation Security Administration, or TSA, defers to federal law, which still classifies marijuana as a Schedule I illegal drug.

How long after ingesting marijuana am I allowed to drive?

You are free to hit the road once you are no longer impaired. It is illegal to drive under the influence of any substance, marijuana included. There is not yet a standard way of measuring marijuana impairment, although researchers looking for ways that can measure the drug’s levels, much like a breathalyzer test authorities use for alcohol. Unlike the .08 blood alcohol content measurement, there is NO ESTABLISHED THRESHOLD for THC levels in California that would automatically result in a DUI.

THC, or tetrahydrocannabinol, is the chemical compound in cannabis responsible for a euphoric high.

The California Office of Traffic Safety, or OTS, warns that even small doses of THC can slow a driver’s reaction time and the ability to make decisions. According to OTS, marijuana effects are strongest within the first hour of consumption and those who drive within that time period may double their risk of collision. OTS says impairment may take over four hours to subside – but that is just an estimate and should not be used as a blanket rule.

Do I need a California ID to purchase recreational marijuana?

You’ll need a valid government-issued ID, but it can be from any state, according to a spokesman for the California Bureau of Cannabis Control. Options include a driver’s license; a military ID with a person’s picture and date of birth; or a passport issued either by the U.S. or by other countries.

Can the federal government charge marijuana customers with a crime?

We researched this reader-inspired question and answered it with a separate in-depth PolitiFact California article. The short answer is: Yes. Marijuana remains illegal under federal law. The Trump administration has taken a more agressive stance on enforcement. And pot dispensaries do collect customer information that could potentially be seized by federal agents and prosecutors. The likelihood of that happening, however, is very, very small, according to the marijuana policy experts we spoke with. The assumption is federal authorities would focus on large suppliers, not individual consumers who make small purchases. In the article, we also outlined an added legal protection for medical marijuana customers and legislative efforts to strengthen protections for recreational pot buyers.

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