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Proposition 64 passed several weeks ago.  Under the law if you are 21 years or older you can consume Marijuana in the privacy of your home. Contrary to belief of some it does not allow for public use of Marijuana. 

Also you can possess up to an ounce of Marijuana on your person in publice.  You may also grow up to 6 plants for your personal use on your own property.   

The new law did not make legal the sale or distribution of Marijuana.

However you can gift small amounts of Marijuana to other people.  This means you can give away part of the Marijuana you are growing for your personal use but cannot sell that Marijuana.

Also, the new law does not make dispensaries legal to sell Marijuana you must still have a Medical Marijuana card to recieve Marijuana from a dispensary. 

This means there is still nowhere for recreational users of Marijuana to buy pot.  You must still have a Medical Marijuana card to buy or recieve Marijuana from a dispensary. 

So the limbo is you can smoke inside your home but you cannot buy the Marijuana anywhere in the state of California.

The laws may change as to that aspect maybe the local authorities will allow some sales of Pot in a licensed established Medical Marijuana dispensary.  This is not the current state of the law.  You can grow your own so to speak, up to six plants and smoke inside your home.

The state of California has until Jan 1, 2018 before the state has to start issuing licenses allowing retail estblshments to sell non-medical  Marijuana.  This will be probably to already established places and will be strictly liensed and watched industry.   

The law was written to allow some temporary permits, however again this will be a very highly regulated area of the law and could take a while for local agencies and governments to figure out this law. 

and again it is legal to gift the Pot however it would be good to only gift to the Medical Marijuan patients.  And remember whoever is recieving the  Pot must also be 21 years of age. 

As this law has just passed it is best to get the legal opinion of an Attorney before growing possessing or smoking this article is not meant for legal advice and only for information purposes.  If you have any questions we could help you. With more than 14 years of Criminal Law experience as a Former Probation Officer, Deputy District Attorney And Adjunct Criminology Instructor, I have the know how to handle your case and have handles many Marijuana related cases.  So if you have any questions please give us a call 559 441 1418.

Gerald Schwab, Jr.


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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704 View Map
Phone: 559.441.1418