Q: On occasion, for what it is worth, we smoke a little pot, with friends. How do you square things when federal law makes pot illegal, but California legalized it?
F.S., Gardena
Ron Sokol
A: Under the Federal Controlled Substances Act and the Supremacy Clause of the U.S. Constitution, federal law is the supreme law of the land. But, in reality, we have what can be described as “dual sovereignty.” Analysis indicates that Congress did not intend to preempt state drug laws, and in fact, the 10th Amendment precludes Congress from mandating that states mimic, let alone enforce, federal policies. The CSA indicates that it only preempts state law under quite limited circumstances.
Still, there may be an uneasiness if you are smoking marijuana, particularly if you are on federal property. In California, however, it is legal for adults 21 and older to possess and consume cannabis. Selling cannabis from licensed retail outlets has been legal since Jan. 1, 2018. Research indicates that more than 40 states have legalized possession, manufacture and sale of at least some cannabis products that are federally illegal. Bottom line: Research indicates the U.S. Department of Justice has not targeted state-legal marijuana providers or state legal users.
Q: How much cannabis can I legally have here in California? How much can we grow?
B.C., Los Angeles
A: If you are 21 or older, it is legal to buy and possess up to one ounce (28.5 grams) of cannabis, and up to 8 grams of concentrated cannabis. As to growing, it is permissible to plant, harvest, dry and process up to six cannabis plants inside of your private residence, or on the grounds of your private residence. When growing cannabis for personal use, note that the plants are required to be in a locked space, not visible to the public.
Resource: The California Department of Public Health has a useful link online that addresses frequently asked questions about cannabis: tinyurl.com/mry8uyhp. Or, simply type “California DPH, Frequently Asked Questions, Cannabis” in your web browser.
Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
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