WHAT IS ILLEGAL UNDER THE RECREATIONAL MARIJUANA LAW

It is still illegal to sell marijuana. It is illegal to give marijuana to a person under 21. Persons under 21 are prohibited from all activity involving marijuana. If you are negligent, while impaired from smoking, and harm another, you can be sued for damages.

Your employer can restrict use of cannabis at the work site, and even prohibit use off hours if you are given a drug test as part of your employment and there is evidence of use.

Your landlord or leaser has the right to prohibit use of cannabis in your home and on that property.

POSSESSION FOR SALE:

Despite the new law legalizing the use and possession of marijuana, there remain criminal penalties for possession of marijuana with the intent to sell. However, the offense was reduced to a misdemeanor. Officers will arrest for this offense if one is carrying an amount over the permitted limits, or the marijuana is packaged in such a manner as to indicate you are selling.

Health and Safety Code 11359, 11360, 11361. The misdemeanor punishment for possession for sale, transport, import, will be county jail for not more than six months or by a fine of not more than $500, or both. If the offender involves a minor in the prohibited conduct, or has a prior serious/violent felony conviction, or prior marijuana convictions, the punishment could include a prison sentence.

PRIOR CONVICTIONS CAN BE REDUCED:

Health and Safety Code 11361.8. Anyone with a prior felony offense of Possession for Sale that is now reduced to a misdemeanor under the new law, can petition the court to recall and reduce the felony to a misdemeanor.