When can I buy recreational marijuana in California?

Francisco Orozco
Nov 20, 2016

Top 10 Questions about recreational marijuana:

California voters legalized marijuana for adult use on Nov. 8 2016. The historic vote will take over a year to implement and leaves many wondering, “When can I buy recreational weed?”. While some laws and policies will take months to unfold, there are some immediate changes you can expect in the coming weeks. Here’s what we know about recreational marijuana as outlined in Prop 64.

1) Where can I buy recreational marijuana? 

Nowhere yet, the licensing process for dispensaries has yet to begin. California should begin issuing licenses in 2017, and you should see retail locations by early 2018.

2) Will recreational marijuana be available at the supermarket or corner store?

No, recreational marijuana will only be sold through licensed dispensaries in cities where local governments allow. Prop 64 let’s cities decide if they will allow recreational marijuana to be sold within their limits.

3) Do I still need my rec to get deliveries through Eaze?

Yes! Until dispensaries in your area have a recreational retail license you will need to keep your medical cannabis recommendation to get a delivery. In some places if delivery to recreational patients is banned, you may need to have that card for a while.

4) Who can legally consume marijuana in California?

  • Adults 21+ can consume marijuana legally in California.
  • Adults 18+ can consume marijuana with a valid medical marijuana recommendation.

5) Who can legally buy marijuana in california?

  • Adults 21+ can buy recreational marijuana through licensed dispensaries when the dispensary is licensed for adult use/recreational.
  • Adults 18+ can buy marijuana with a valid medical marijuana recommendation immediately.

6) Is there a limit on how much marijuana I can possess?

Yes, 28.5 grams, or a little over one ounce of marijuana in plant form. Concentrates are limited at 8 grams (As of Nov. 9, 2016).

7) Can I smoke or consume in public?

Not legally. The same restrictions that apply to consuming tobacco apply to marijuana. No consumption allowed in public spaces, in schools or in businesses, unless the businesses are licensed to allow that type of activity. It is also still illegal to operate motor vehicles under the influence.

8) Do I need to pay taxes if I have a med card?

Under Proposition 64, only medical marijuana users who register themselves with the State of California are exempt from sales tax and canna tax. This ONLY applies to patients who are recognized by the California Department of Public Health as patients, and does not apply for those who have a recommendation from a private doctor (including EazeMD).

9) Can I carry over an ounce of marijuana if I have a med card?

Regulations around carrying still apply to Proposition 215 so long as you maintain your status as a medical marijuana patient. Meaning you can still carry over an ounce while maintaining a valid California medical marijuana recommendation.

10) Does Prop 64 make delivery illegal in CA?

There is nothing to indicate that delivery is illegal under Prop 64. Marijuana delivery will be highly regulated to ensure safety, but there is no consensus that any party of Prop 64 bans delivery.

California Recreational Marijuana Timeline:

Effective Immediately (Nov. 9, 2016)

• Adults 21 and older allowed to possess, transport, purchase, and use up to 1 ounce of dried marijuana flowers and 8 grams of cannabis concentrates.

• Adults 21 and older can grow up to 6 marijuana plants indoors. Outdoor cultivation subject to local restrictions.

• Criminal penalties for non-serious marijuana-related offenses, such as possession of more than 1 ounce of marijuana, are reduced to misdemeanors.

• Persons with prior marijuana-related convictions can petition the court to have their record cleared or changed to reflect the new laws.

• Personal information of medical marijuana patients disclosed to state and local health departments protected under the Confidentiality of Medical Information Act.

• Medical marijuana patients cannot lose their custodial or parental rights solely based on status as medical marijuana patient.

• The California Bureau of Medical Cannabis Regulation is renamed Bureau of Marijuana Control.

• Powers and duties of the Department of Consumer Affairs, Department of Public Health, and Department of Food and Agriculture are expanded to include the regulation and control of the nonmedical marijuana industry.

• The Department of Food and Agriculture authorized to begin regulating the cultivation, manufacture, and sale of industrial hemp.

Effective Jan. 1, 2018

• State commercial cultivation and retail excise taxes take effect.

• Sales of medical marijuana to patients with valid medical marijuana ID cards become exempt from existing state sales and use tax.

• State agencies charged with licensing of nonmedical marijuana businesses must begin issuing licenses no later than this date.

• Medical marijuana patients must obtain a new recommendation that meets the new requirements in the Medical Cannabis Regulation and Safety Act.

Source: California Proposition 64, Marijuana Legalization (2016)

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