In November 2016, California voters approved Proposition 64, also known as the Adult Use of Marijuana Act.

The law dramatically changed marijuana possession, cultivation, and sales laws throughout the state.

Although recreational cannabis is now legal for adults over 21, marijuana-related charges still occur frequently. Confusion about possession limits, licensing requirements, public use restrictions, and federal law continues to lead to arrests.

This guide explains current California marijuana laws, criminal penalties, age restrictions, federal conflicts, and what happens if you are charged.

Your best hope for a favorable outcome is with an experienced criminal defense attorney at Eisner Gorin LLP.

To schedule a consultation, call (818) 781-1570 or contact us here.

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What Did Proposition 64 Legalize?

The Adult Use of Marijuana Act legalized the following for adults age 21 and older:

• Possession of up to 1 ounce (28.5 grams) of cannabis

• Possession of up to 8 grams of concentrated cannabis

• Cultivation of up to 6 marijuana plants per residence

• Private consumption in authorized locations

• Giving away up to 1 ounce (no sale for profit without license)

Licensed businesses may sell cannabis, but retail sales must comply with strict state regulations.

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What Is Still Illegal Under California Marijuana Law?

Despite marijuana legalization, several activities remain illegal:

• Selling marijuana without a state license

• Possessing more than 1 ounce

• Growing more than 6 plants per residence

• Smoking marijuana in public or unlicensed locations

• Driving under the influence of marijuana

• Providing marijuana to anyone under 21

• Selling marijuana to minors

Certain marijuana offenses can still be charged as misdemeanors or felonies, particularly when aggravating factors are present.

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Marijuana Laws for Ages 18 to 20

For individuals between 18 and 20 years old:

• Possession of up to 1 ounce is generally treated as an infraction

• Growing up to 6 plants may also be treated as an infraction

• Penalties typically include a $100 fine

However, individuals under 21 cannot legally purchase or consume recreational marijuana.

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Marijuana Laws for Minors Under 18

Minors remain prohibited from possessing or consuming marijuana.

Instead of jail or fines, penalties typically include:

• Drug counseling

• Community service

• Drug education programs

Juvenile court proceedings may still occur.

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Penalties for Exceeding Legal Limits

For adults 18 and older, the following may result in criminal charges:

• Possession of more than 1 ounce

• Possession with intent to sell

• Transportation of large quantities

• Cultivating more than 6 plants

• Unlicensed sale

In many cases, penalties have been reduced to:

• Up to 6 months in county jail

• A $500 fine

• Or both

However, aggravating circumstances can increase penalties.

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When Can Marijuana Charges Still Be Felonies?

Certain conduct can still result in felony charges, including:

• Selling marijuana to a minor under 18

• Prior serious or violent felony convictions

• Large-scale illegal cultivation

• Involvement in organized criminal activity

Selling marijuana to a minor may carry a potential 3 to 7-year state prison sentence.

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Where Can You Legally Use Marijuana?

Recreational marijuana must be consumed:

• In private residences

• In licensed consumption establishments

It remains illegal to:

• Smoke marijuana in public

• Use marijuana near schools

• Use marijuana while driving

• Smoke cannabis anywhere tobacco smoking is prohibited

Violations typically result in fines.

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Medical Marijuana Laws in California

California legalized medical marijuana long before Proposition 64.

Patients with qualifying medical conditions may:

• Purchase cannabis with physician authorization

• Be exempt from certain sales taxes

• Possess larger quantities if medically necessary

Medical cannabis regulations remain separate from recreational laws.

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Is Marijuana Legal Under Federal Law?

No.

Marijuana remains classified as a Schedule I controlled substance under federal law. This means possession, cultivation, and sale are technically illegal under federal statutes.

However, federal enforcement has historically varied depending on administration policies.

This conflict between state and federal law continues to create legal uncertainty.

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Can You Be Charged With DUI for Marijuana?

Yes.

Driving under the influence of marijuana is illegal in California.

Unlike alcohol, there is no specific legal THC limit. Prosecutors must prove impairment.

DUI marijuana charges can result in:

• License suspension

• Fines

• DUI school

• Probation

• Jail time

These cases often rely on officer observations, field sobriety tests, and blood testing.

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Collateral Consequences of Marijuana Convictions

Even with reduced penalties, marijuana convictions can still cause:

• Probation

• Significant fines

• Drug counseling requirements

• Driver's license consequences

• Immigration complications

• Employment difficulties

• Housing denials

• Professional licensing issues

A serious drug conviction can affect your future for years.

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Diversion Programs in Los Angeles County

Many first-time offenders may qualify for diversion programs.

Successful completion of diversion may result in:

• Dismissal of charges

• No conviction on your record

• Avoidance of jail time

Eligibility depends on prior criminal history and the nature of the offense.

Early legal representation increases the likelihood of diversion eligibility.

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Frequently Asked Questions

Is recreational marijuana legal in California?

Yes, for adults age 21 and older, subject to possession and cultivation limits.

Can I grow marijuana at home?

Yes, up to 6 plants per residence for adults 21 and older.

Can I sell marijuana privately?

No. Sales require a state-issued license.

Is marijuana legal everywhere in California?

No. Public consumption and unlicensed sales remain illegal.

Can I lose my license for a marijuana DUI?

Yes. Marijuana DUI convictions can result in license suspension.

Is marijuana still illegal federally?

Yes. It remains a Schedule I substance under federal law.

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Why You Should Speak With a Criminal Defense Attorney

Marijuana laws are more permissive than in the past, but they remain complex. Many arrests result from misunderstandings about quantity limits, public-use restrictions, or licensing requirements.

A Los Angeles criminal defense attorney can:

• Determine whether charges were properly filed

• Challenge unlawful searches

• Evaluate diversion eligibility

• Negotiate reduced penalties

• Seek dismissal where appropriate

Even if evidence appears strong, experienced counsel can often mitigate consequences.

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Contact a Los Angeles Criminal Defense Lawyer

If you are facing marijuana-related charges in California, early legal action is essential. The criminal defense attorneys at Eisner Gorin LLP understand California cannabis law and will evaluate every possible defense and resolution strategy.

Call 818-781-1570 for a confidential consultation.