Sacramento Marijuana Defense Lawyer

Sacramento Marijuana Defense Lawyer Details Out The Difference Between Medical and Retail Cannabis

In November of 2016, voters passed the Adult Use of Marijuana Act (AUMA), legalizing cannabis for recreational use. Also called Proposition 64, the AUMA was 62 pages long, containing parts of three bills meant to overhaul California’s loosely regulated medical cannabis system. There is still a lot to be figured out in the next year or so and many details regarding taxes, advertising, etc. still need to be ironed out. Due to the ongoing changes, it’s best to seek advice from a Sacramento marijuana defense lawyer for more information.

Prop 64 or Adult Use of Marijuana Act

Below is a basic outline of the new rules under the AUMA.

Adults 21 years and older are now legally permitted to:

  • Possess, transport, obtain, or give away to other adults 21 years and older up to an ounce of cannabis or 8 ounces of concentrated cannabis
  • Cultivate and grow up to six plants per residence and possess the marijuana from these plants – local governments are permitted to limit cultivation to indoor areas.

Adults 21 years and older are NOT permitted to:

  • Consume cannabis in a public place – a $100 infraction
  • Smoke or vaporize cannabis in a non-smoking area or within 1,000 feet of a school, day-care, or youth center while children are present – a$250 fine
  • Consume cannabis while driving and possession of an “open container” by a driver or passenger is also barred – a $250 fine
  • Manufacture concentrated cannabis with a volatile solvent
  • Possess more than an ounce – this remains a misdemeanor punishable by a $500 fine and/or six months in jail. Other violations, such as cultivating more than six plants, are downgraded from felonies to misdemeanors unless circumstances are severe.

Proposition 64 changes a lot of things and it’s important you contact a Sacramento marijuana defense lawyer regarding your specific case, especially if you are a minor. Minors under 21 are NOT permitted to possess, use, transport, or grow cannabis. Penalties may include a $100 fine for individuals 18 and older. Minors under 18 may be required to undergo drug counseling or community service.

Property owners still have the right to forbid possession or use of cannabis on their property and employers are permitted to make employment decisions based on drug tests. Smoking is also only permitted in private spaces, a departure from medical cannabis law.

There are not currently any recreational cannabis stores as licenses for recreational retail which will become in effect January 1, 2018.

Medical marijuana patients keep their existing rights under Prop 215

Medical cannabis uses keep their rights as separate from the new laws. They are permitted to possess and cultivate whatever amount they need for personal medical use as long as they have a doctor’s recommendation. The limitations set by Prop 64 does not apply to medical users. Local governments may have their own limitations on outdoor cultivation.

The AUMA does change some things for medical users. Individuals with a state medical cannabis ID will be exempt from state sales tax immediately. The base tax rate is 7.5% in California, and in some areas may be higher. Depending on an individual’s monthly spending, it may be worth it to buy a state ID card, even with the additional fee. Prop 64 has also set a statewide cap for the ID cards at $100 (or $50 for Medi-Cal patients).

However, starting January 1, 2018, there will be a 15% excise tax on all cannabis purchases including both recreational and medical. These may be passed on to the consumer or patient.

There are certain groups working hard to change aspects of the medical cannabis system, including this new tax break. Things are far from settled and it’s important to stay informed as new legislation is brought forward. Speak with a Sacramento marijuana defense lawyer for more information.

Changes to Medical Cannabis Rules


Prop 64 provides language meant to prevent physicians from getting kickbacks from licensed dispensaries in which the physician has ownership interest. Prop 64 also authorizes the state Medical Board to consult with the California Marijuana Research Program to develop responsible guidelines for medical cannabis use.

Prop 64 includes language requiring that the physician making the recommendation for medical cannabis use is the patient’s “attending physician,” which is further defined as a licensed physician who has “taken responsibility for an aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient..” which is rather broad.

Additionally, Prop 64 seeks to increase protection of medical cannabis users’ information, to require dissemination of relevant information regarding optional state ID cards, to protect medical cannabis users from their status being used against them in a custody battle, etc. There are no major changes in Prop 64 for medical cannabis users.

Talk To A Sacramento Marijuana Defense Lawyer Now For More Information

Medical and retain cannabis law in California is constantly changing depending for a variety of reasons. If you have any questions or need legal representation for a charge involving marijuana, give us a call at (916) 441-4888 and speak with a Sacramento marijuana defense lawyer immediately.


Contact us online or call at (916) 441-4888 for a free and confidential initial consultation with an experienced Sacramento criminal defense lawyer, available in Spanish. We appear in state and federal courts in the Sacramento and Davis communities as well as throughout Placer and San Joaquin counties.

Linda Parisi
Law Office of Wing & Parisi
917 G Street
Sacramento,CA,95814, USA
(916) 441-4888

The Law Office of Wing & Parisi serves clients in the Sacramento and Davis communities as well as throughout Placer County and San Joaquin County. Hablamos espanol.