California Cannabis Regulations: Top Questions Answered
Any new cannabis start up knows the industry can be hard to enter, and even harder to grow within. Finding a reliable distributor and manufacturer like Helios is essential to navigating the various hoops that arise in the cannabis industry. Both federally and in individual states. Unfortunately, cannabis is still not federally legal. Which makes some regulations harder to navigate, and every state looks different. Helios works and distributes products throughout the state of California. Following their strict set of policies, procedures and process to ensure your cannabis brand can grow smooth and within state law.
California was the first state to pass the legal use of medical weed in 1996, and by January 1, 2018 recreational use has been legal. For California residents 21+, it is legal to have up to 1 ounce of flower, eight grams of concentrated cannabis, or 6 plants for personal use. Now while utilizing cannabis laws are pretty simple; Selling cannabis is a bit more complex. It is still illegal to sell cannabis in the State of California unless you have both a state and local license. Cannabis is also still illegal under federal law, although this usually doesn’t affect cannabis brands working safely within state and local California government regulations.
Under California cannabis laws, you can only sell commercial cannabis as part of the legal cannabis industry if you have a state and local license. These licenses which all distributors should have are issued by the Bureau of Cannabis Control. The state strives to prevent a black market for cannabis sales, and are still very strict about selling without a license. Unlicensed sales and transport of the selling of cannabis can be punishable by:
● Up to 6 months in county jail and/or
● A fine of up to $1,000
For defendants under 18, it is an infraction. Also, giving away or transporting for sale up to 28.5 grams of marijuana without a license is an infraction.
Selling to A Minor
One thing to under any circumstance avoid is selling to a minor in the state of California. This can get sellers in serious trouble as products should always be marketed to not draw the attention of children. If anyone above the age of 18 is found selling to a minor, or using them to give away, transport, administer or carry cannabis this is a serious felony. If a minor involved is under 18 years of age this can lead to up to 5 years in state prison, if the minor is under 14 it can be up to 7 years.
Federal Laws and Their Effect on California
While technically federal law has precedent over California state laws; it is very unlikely to be prosecuted under federal law if you use or grow cannabis for personal use. As long as you are following local and state California laws, there should be no issue. The Biden administration and attorney general have both agreed prosecuting people for possessing personal amounts of cannabis are a waste of federal government resources; more interested in prosecuting organized crime and illegal large-scale trafficking. That being said, federal laws do still apply on federal property in California.
Both recreational and medical marijuana are prohibited on federal properties. These include:
● Federal Buildings
● Post Offices
● National Parks
● Federal Courthouses