So is weed actually legal in CA now?

Is there actual state legislation that either strikes down, repeals or amends statutes making weed illegal in CA? Statutes that actually legalize weed? Or is there simply referendum initiatives that make enforcement of certain parts of CA Criminal Code (as it pertains to weed in certain circumstances) no longer a priority but leaves the laws on the books to be enforced at a later date?

I've been trying to research this but Jeeeezuz H. Crisco what a convoluted mess this "legalization" seems to be.

Then there's the Fed. Apparently they don't recognize any legalization whatsoever but also don't seem to have any interest in enforcement either.

Any insights, legal opinions, personal opinions or obsevations are welcome.

Two things:

First, this isn't about the right or wrong morality of weed use. It's strictly on the legality of CA legislation.

Second, asking for a friend.

Possession of less than an ounce of bud or 8 grams of concentrate is legal for people over 21. Anyone over 21 can grow 6 plants for personal use. Sales is a misdemeanor, possession of more than an ounce is an infraction. No one seems to know how the new laws apply to search and seizure.

You still have to be in a private space to use it.

You are still subject to laws about driving under the influence.

There is a maximum of 8 grams of cannabis concentrate in edibles.

Sales restricted to open from 6AM-10PM.

http://www.kcra.com/article/cl...need-to-know/8555949

http://www.politifact.com/cali...bout-californias-le/

https://cannabis.ca.gov/

And, once you've got clarity on the CA Law question, your 'friend' potentially becomes a prohibited person with respect to Federal Law based on this question on the 4473...

Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?

This question is accompanied by the following statement:

Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medical or recreational purposes in the state where you reside.

Where the rubber meets the road is regarding the more significant statement at the very top of the 4473...

Warning: You may not receive a firearm if prohibited by Federal or State law. The information you provide will be used to determine whether you are prohibited from receiving a firearm. Certain violations of the Gun Control Act, 18 U.S.C.921 et. seq., are punishable by up to 10 years imprisonment and/or up to a $250,000 fine.

Just sayin'

Also, those roadside border checks are federal and the feds can confiscate.

I was being a smart ass “asking for a friend”

The legality issue(s) Are part of a broader discussion about the criminal elements who use drug sales (weed in particular) as a revenue source.

How has legalization provided criminals a “legit” outlet to sell, using “fronts”, coercion of legit shops and so on.

How well are the criminal enterprises accepting “legit” storefront competition and the bite that has to be taking out of their own illicit dealings and profits.

quote:

Originally posted by 4ftty4:
Possession of less than an ounce of bud or 8 grams of concentrate is legal for people over 21. Anyone over 21 can grow 6 plants for personal use. Sales is a misdemeanor, possession of more than an ounce is an infraction. No one seems to know how the new laws apply to search and seizure.

Stupid question maybe. Does this mean "under an ounce outside the home? How do you keep 6 plants to under an oz. inside the home?
But I guess I'm not sure how much a plant produces. Or how they prosecute wet weed on the plant vs. dried weed.

Don't know what the latest is in California, but Arizona LGS owner told me a young dude was buying a pistol, and whipped out his Medical Marijuana card for ID. Said the guy raised quite a stink when owner refused to sell him a gun. It would sure seem to me that a user of marijuana would be a prohibited possessor per Federal regulations. I can't imagine that a firearm would be easier to legally obtain in California, even if the state said possession/use of marijuana is just fine.

Several years ago, while I was still gainfully employed in LE in Arizona, I contacted an arrogant dude with a pocket full of marijuana, who whipped out a California marijuana card. The laminated card, bearing what was purported to be a doctor's signature, indicated something like, "If I were allowed to prescribe marijuana for the holder of this card, I would,etc". The guy did not exercise his right to remain silent, was very verbally abusive, was sure we were in big trouble for daring to bother him, and was certain his California marijuana card was a get-out-of-jail-free-card. It wasn't.

.

quote:

Originally posted by dsiets:
Stupid question maybe. Does this mean "under an ounce outside the home? How do you keep 6 plants to under an oz. inside the home?
But I guess I'm not sure how much a plant produces. Or how they prosecute wet weed on the plant vs. dried weed.

Walking around with under an oz. An oz at home plus six plants would likely be ok. Six plants should yield a lb or so each depending on the green of one's thumb and the setup.

this will come to a head soon with the states and feds if more states continue to decriminalize use and sales and possession. However in the meantime I’m a banker and as a federally regulated bank I can’t lend on your commercial building being used as a Dispensary even if you have all the state and city permits in the world. I can’t take your deposits from the sales of your product. Our board of directors has deemed it too risky for confiscation risk as well as public relation risk. Consequently many of these pot shops are going ‘unbanked’ as it were and they all do business in cash. Be ready to start hearing about some very violent cash robberies as these guys have pallets of cash and their own private security since they can’t bank anywhere.

I have a friend who’s brother has some acreage up in the hills and grows for several Bay Area dispensaries. Less than 1 acre is planted with dope. He has had inspections from his county sheriff and everything they local cops don’t care. Anyway he has made enough in just a few seasons to pay off a 300k mortgage. That’s his only ‘job’. Not sure how he filled out his federal 1040 would be curious to see that.