What's Legal for Adult Use? Prop. 64

What's Legal for Adult Use? 

• Under California law, adults 21 or older can use, carry, and grow cannabis (marijuana, weed, pot).

• Buying cannabis (without a current physician’s recommendation or a county-issued medical marijuana identification card) will become legal for adults 21 or older January 1, 2018.

• Use of medicinal cannabis is legal if you have a current physician’s recommendation or a valid county-issued medical marijuana identification card.

• To buy medicinal cannabis, you must be 18 or older and have either have current physician’s recommendation, a valid county-issued medical marijuana identification card, or be a Primary Caregiver as defined in Health and Safety Code Section 11362.7(d).

• You can consume cannabis on private property but you cannot consume, smoke, eat, or vape cannabis in public places.  Property owners and landlords may ban the use and possession of cannabis on their properties.

• Even though it is legal under California law, you cannot consume or possess cannabis on federal lands like national parks, even if the park is in California.

• It is illegal to take your cannabis across state lines, even if you are traveling to another state where cannabis is legal. 

The new law, known as the Medicinal and Adult-Use Cannabis Regulation and Safety Act, includes information about where you can use cannabis, how much you can possess, and the penalties for illegal use. Check out the resources below to find out more.

Cannabis remains classified as a Schedule I drug under the federal Controlled Substances Act, and its purchase, possession, distribution, or use within California may be unlawful under federal law. While it is our intention to provide current information, this web page is not for the purpose of providing legal advice. We make no claims or guarantees that the content of this web page is accurate, complete, or up to date and you should not rely on it. Contact your attorney if you have questions about cannabis, what is (or is not) legal under state or federal law or need legal advice.

Marijuana Grower Wins Restraining Order Against County

Marijuana Grower Wins Restraining Order Against County

By Steve Elliott ~alapoet~

Thursday, September 15, 2011, at 7:20 pm

KFSN

Richard Daleman, 63, has gone up against Tulare County twice and come out on top both times. Back in 2009, he got a court order forcing sheriff's deputies to return more than 12 pounds of marijuana to him. Now he got a restraining order preventing the county from seizing more than 4,000 marijuana plants on his property.

​A Tulare County, California medical marijuana collective won a big, but possibly temporary victory in court Wednesday.

A judge granted Richard Daleman, 63, a temporary restraining order against the county. It prevents county officials from seizing 4,000 medicinal cannabis plants on his property, reports KFSN.

Under California law, Daleman is allowed to have the plants on his five-acre property, but a Tulare County ordinance prohibits it. About 40 medical marijuana cardholders rent space on Daleman's farm to grow their own medicine.

More than 4,000 marijuana plants grow on the property.

Steve R. Fujimoto

Daleman inspects some of the more than 12 pounds of marijuana returned to him by the county in 2009

​This isn't the first time Daleman, a native of England, has gone up against Tulare County in court; he also won a court battle in 2009. At that time, a jury found Daleman not guilty of trying to sell and distribute marijuana.

A judge ruled that the medical marijuana confiscated from him by Tulare County sheriff's detectives had to be returned. In April 2009 Daleman and his public defender, Andy Rubinger, retrieved just more than 12 pounds of marijuana from the courthouse evidence room.

"There were about three ounces missing," Daleman said at the time.

Tulare County's new medical marijuana ordinance dictates that grows should be located in a "commercial location" and they need to be secured indoors for safety reasons. Investigators claimed Daleman's home doesn't fit either category.

Steve R. Fujimoto

Daleman wheels out 12 pounds of marijuana that was returned to him at Tulare County Courthouse in 2009

​"This is an Englishman standing up for American rights," Daleman said. "And I'm entitled to the same rights as anyone else that was born in the United States."

According to Daleman, someone has to stand up and challenge what he called a "flawed" legislative system."

"If they can answer why I can have or my other people can have a state card issued by Tulare County that they should run by state law instead of their stupid ordinance," Daleman said when he filed for the restraining order last week, reports Tommy Tran at KFSN.

The county's eradication of the plants would negatively affect Daleman's business, the judge ruled on Wednesday. Another hearing is scheduled for next month.

Tags: california, daleman, tulare county

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This blog is now going to be updated 3-5 times a week with legal updates, new cases and concerns, community news and compassionate caregivers updates! The goal is is to educate and help other 215 patients and caregivers around the state!