San Diego Criminal Lawyers Blog
We are close to the one-and-a-half-year mark of the legalization of the use and possession of recreational marijuana in California. There is a tremendous amount of misinformation on what is the permissible use and possession of recreational marijuana. The following post will tackle some of these misconceptions.
Use and Possession of Marijuana is Only Legal in 10 states, Including California
When reading about legal marijuana, it is important to focus on the source. More importantly, the state the author is referencing in an article or video is a critical factor. Recreational marijuana is only legal in 10 states. They are California, Washington, Oregon, Nevada, Alaska, Colorado, Michigan, Maine, Vermont, and Massachusetts. Each state defines legal recreational marijuana use and possession differently. Use or possession of recreational marijuana is illegal, under federal law, in all 50 states.
Legal Marijuana can Only be Transported in a Closed Container in the Trunk of a Car
Even though use and possession of recreational marijuana is legal in California, certain uses and types of possession remain illegal and will result in an arrest and charge if detected by police. For example, drivers can possess marijuana in their vehicles so long as it is in a container in the trunk. Even though the driver purchased marijuana legally and possesses a legalized amount, if it is in an open container, in a purse, in a glove-compartment, or on the back seat, an arrest will follow. This law is similar to the open container rule relating to alcohol possession in a car. You would not drive around with an open beer bottle; you cannot drive around with a rolled-up joint on your dashboard. Both types of possession of the legal substance, alcohol or marijuana, will result in a criminal conviction for illegal possession of marijuana or alcohol.
Public Consumption of Marijuana is Illegal in California
Additionally, public consumption of marijuana is illegal in California. While there may be businesses that are licensed for on-site marijuana consumption in California, these businesses may not serve alcohol or allow tobacco use on their premises. This means that bars and clubs cannot allow marijuana consumption on their premises because they serve alcohol.
Charged With illegal Use or Possession of Marijuana in San Diego?
Hire a knowledgeable and experienced San Diego criminal defense lawyer to help you resolve your case. Call us for a free consultation of your illegal use or possession of marijuana charges in California and protect your rights. The San Diego Criminal Defense Attorney David Boertje is available to talk to you. Call us toll free at (888) 476-0901 or contact us on the web to start legal representation right away. We serve the communities of San Diego County including Carlsbad, Chula Vista, Coronado, El Cajon, Encinitas, Escondido, Fallbrook, Imperial Beach, La Jolla, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Spring Valley, and Vista.