While voters passed Proposition 64 back in 2016 to legalize the recreational use of marijuana within the state, there are still instances where a person can get into trouble with the drug. For more information on basic marijuana laws, such as possession and cultivation, click here. For more information about laws surrounding the selling of marijuana, keep reading.
Who Can Sell Marijuana?
When it comes to the sale of marijuana within the state of California, only licensed individuals are permitted to make sales. In order for a business to get a license to sell marijuana within the state, they have to apply for one through the Bureau of Cannabis Control (BCC).
The BCC is responsible for overseeing all commercial sales of marijuana within the state. Anyone looking to get a license to sell any form of marijuana or cannabis within California needs to get a license from this agency. If a person fails to do that, then they will face legal consequences for selling marijuana without a license. Not only is selling marijuana illegal, but just possessing with the intent of selling it can get a person into trouble.
Possessing marijuana with the intent to sell is typically a misdemeanor offense. It earns a person up to 6 months in jail and a max fine of $500. However, this crime can become a felony level offense if:
- A person has a prior conviction of a violent felony.
- A person has 2 or more prior misdemeanor convictions of intent to sell marijuana.
- A person possessed marijuana in the attempt to sell it to a minor, someone under 18.
If one of these instances occurs, than the person can face anywhere from 16 months to 3 years in jail.
The unlicensed sale of marijuana is a misdemeanor offense in most cases. It comes with a jail stay of no more than 6 months and a max fine of $1,000. As with the intent to sell marijuana, if a person meets any of the above exceptions, then they could face felony charges. Felony charges of sale without a license can earn a person anywhere from 2 to 4 years in jail.
A person is allowed to transport and give away marijuana, provided the total amount is less than or equal to the legal limit of 28.5 grams of marijuana and the person they are giving the marijuana to is 21 or older.
Minors and Marijuana
While the recreational use of marijuana may be legal in California, a person has to be over the age of 21 to take advantage of that law. Anyone under the age of 21 is prohibited from doing anything with marijuana, this includes:
- Administer
- Carry
- Give away
- Prepare for sale
- Sell
- Transport
- Use
If a person is caught allowing a minor to do any of these things, they can face harsh prison sentences. If the minor was under the age of 14, then the person can face anywhere from 3 to 7 years in state prison. If the minor was between the ages of 14 and 18, then the person faces anywhere from 3 to 5 years in state prison.
California’s Take on the Sale of Marijuana
It may be legal for a person to use marijuana in a recreational sense here in California, but that does not mean that a person can do whatever they want with the drug. There are still rules to follow. For instance, only licensed businesses are allowed to sell marijuana in any quantity.
Another big law is that a person has to be 21 or older to be able to use or do anything with marijuana. Anyone younger than 21 is considered a minor when it comes to marijuana, and can get into serious legal trouble for dealing with the drug.
What do you think about California’s take on the sale of marijuana and how it punishes people who break those laws? Is it too much, or just enough? How about when minors are involved? Let us know what you think in the comments down below.