Pot 101: Facts You Should Know About California’s Legal Marijuana

Jan 5, 2018

California's recreational pot law doesn't offer the complete freedom to buy, smoke or transport weed anywhere you please.

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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.  

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.

Cloud over legal weed?

There’s also the complication that marijuana remains illegal federally.

That point was made clear this week when U.S. Attorney General Jeff Sessions rescinded an Obama administration memo that recommended a hands-off approach to marijuana prosecution in states that have legalized pot.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 uncertain whether that will happen.

President Trump, during his campaign for the White House, pledged to leave legalization up to the states, a topic we previously examined.

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 10 p.m. and 6 a.m.

How much will legal weed cost?  

Buying legal recreational pot won’t be cheap, at least not initially.

The cannabis culture website greenstate.com estimated legal marijuana buyers in California "will pay about eight dollars more" for their usual $50 eighth of an ounce of "top-shelf flowers," under the new law. That cost is far more than on the black market, causing some marijuana advocates to worry customers will turn to underground sales.  

Licensed dispensary costs include a new statewide 15 percent tax on all recreational and medical cannabis products plus additional local taxes and fees. In Oakland, for example, the added local tax is 10 percent for recreational pot and 5 percent for medical cannabis.

California consumers, however, could see prices reduced by as much as half over the next year if market patterns follow those in Washington state and Colorado, both of which earlier legalized recreational pot. That analysis came from cannabis analytics firm Headset and was reported on by MarketWatch.com early this year.

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 website.

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.

No smoking pot while driving or riding in 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 specific language empowering 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.

More to come  

There’s still a lot to learn about California’s legal pot. We’ve just scraped the surface. We want to know your questions about what’s allowed and what’s not under the law.

Email us at politifactca@capradio.org, or contact us on Twitter or Facebook.

We’ll consider researching your question and we’ll add more to our article in future weeks and months. Also, if you hear a misleading claim about California’s legal cannabis, let us know. We’ll consider a formal fact-check on those in 2018 and beyond.