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Home blog Drug Crimes In 2018, You’re Free to Smoke Marijuana…Sort Of

In 2018, You’re Free to Smoke Marijuana…Sort Of

By Michael Guisti on January 2, 2018

weed-837125_1280Marijuana is now legal for recreational use as of January 1, 2018. Before you go on a free-for-all, keep these rules in mind.

What’s Not Allowed

According to California’s legislature, you are only allowed to use cannabis under certain circumstances.

You CANNOT smoke or ingest cannabis products:

  • In a public place, unless in accordance with Business and Profession Code 26200.
  • In a location where tobacco is prohibited.
  • Within 1,000 feet of a school, daycare, or youth center while children are present, except on a private residence or in accordance with Code 26200. If smoking is permitted, you may only use cannabis if it is not detectable by others.

You are not permitted to possess an open container or open package of cannabis while operating, driving, or even riding in the passenger seat of a:

  • Motor vehicle
  • Boat or similar vessel
  • Aircraft
  • Other vehicle that is used for transportation

Plus, consumption is not permitted while you’re in a vehicle with someone under 21 years of age.

Just in case you’re the type of person ready to argue with cops about semantics, “smoking” can mean other things in the jargon of the law. “Smoking” can mean:

  • Inhaling, exhaling, burning, or carrying any lighted or heated device or pipe or any other lighted/heated cannabis product, whether natural or synthetic, in any manner or form.
  • Use of electronic smoking device or any oral smoking device.

What About Manufacturing?

You cannot grow more than six marijuana plants for personal use. Manufacturers also have a set of rules that must be followed. Cannabis products cannot be made using a volatile solvent, meaning a solvent that is or can produce gas or vapor that can ignite a fire or explode.

Be Smart About Toking

Let’s look at the Long Island case of Arielle Bonnici. Bonnici was smoking marijuana in her car and parked by a police building to continue to light up. What are the red flags here?

According to California law, she would be in violation of: smoking in her car, and smoking in a public place. It’s probably not smart to smoke in front of the cops, either.

Still Confused About CA’s New Marijuana Laws?

No sweeping legislative change is ever easy. And there are still many exceptions and pitfalls in California’s new recreational marijuana laws, which most people just don’t know. But an Orange County marijuana defense lawyer will. If you are ever in Arielle’s position, you need an experienced attorney familiar with the intricacies of the law. At the Law Office of Michael L. Guisti, we have succeeded in lowering the charges of many of our clients. If you need a skilled defense attorney, call us toll-free at (888) 478-8999.

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Posted in: Drug Crimes

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