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When the new year rang in California's recreational pot laws have taken affect.  California has broad new legalization of Marijuana for recreational use under new laws that take affect on the new year.  Remember California was the first state to legalize medicinal Marijurana use and the law was criticized for being under inclusive and abused at the same time.  The move came almost two decades after the State was the first to legalize medicinal Marijuana.  

California joins the state of Colorado and the District of Columbia in legalizing the recreational use of Marijuana.  

THE FEDERAL LAW STAYS THE SAME

There has not been a change in the status of Marijuana at the federal level.  In fact, the Federal government still clasifies Marijuana as a drug on the same level of PCP, LSD, and heroin. 

there will be an affect on the Calfornia economy as the tax revenue from the sales of Marijuana will probably exceed 1 Billion although those estimates have been disputed. 

 

THE NEW RULES

You must be 21 years or older and must buy from a licenses authorized dispensary.  in an earlier blog I went over some of those exact laws and limitations on this in my article on prop 64 and the changes and penalites etc.  

In some cities there will be confusion because you will not be able to find dispensaries open that are licensed and up and running.  That is because the licensing process for those buinses which can be difficult even for an experienced Attorney  to navigate are so onerous that locals cannot meet the requirements by the January 1 legalization date. local regulation will not be approved in time for the Jan 1 date.  This includes in larger cities such as Los Angeles and San Francisco. 

LOCALLY

In Fresno has banned the sale of recreational pot and it is unclear how they will handle people that decide to ignore this law. (I would not and am not advocate anyone ignore laws) I have seen people do this to face steep penalties and cost.  Also the source of the Marijuana must be legal again creating regulatory problems that must be cleared up and only time will tell how these problems are dealt with. 

If you have any question do not hesitate to call 559 441-1418. 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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