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Understanding California’s Evolving Stance on Marijuana Possession

California now allows adults to legally possess and use marijuana, but that doesn’t mean all cannabis laws are gone. There are still rules around how much you can have, where you can use it, and who can legally carry it. Mistakes can still lead to criminal charges, so it’s important to know what’s allowed.
At the Law Offices of William W. Bruzzo, we help people in Orange County understand their rights and defend against marijuana-related charges. If you’ve been arrested for possession or are unsure about your legal situation, contact an experienced Orange County criminal defense lawyer today.
Is Marijuana Legal in California?
Yes, but only if you follow the rules. Under Proposition 64, adults 21 and over can legally have up to 28.5 grams of cannabis or 8 grams of concentrate. That means personal use is allowed, but only in private spaces.
You can still get into legal trouble if you smoke in public, carry marijuana on school grounds, drive under the influence, or sell without a license. And local cities may have stricter rules, so it’s not the same everywhere. When in doubt, talk to an Orange County, CA criminal defense lawyer who understands how these laws work.
Can You Still Be Arrested for Marijuana Possession in California?
Yes, even with legalization, arrests still happen. California has clear limits, and crossing them can lead to charges. You could be arrested if you’re caught with:
- More than the legal limit
- Marijuana near a school or daycare
- Cannabis products meant for sale without a license
- Any amount if you’re under 21
Police may claim “intent to distribute” if you’re found with large amounts, packaging, or cash. If that happens, an experienced Orange County criminal defense lawyer can act fast to defend your rights and fight to reduce or dismiss the charges.
What Are the Penalties for Marijuana Possession in California?
Penalties for marijuana offenses in California vary based on the situation. While some are minor, others can lead to serious legal consequences:
- Infraction: Small overages may lead to a simple fine.
- Misdemeanor: Applies for larger amounts or use in banned areas.
- Felony: Triggered by minors, weapons, or past convictions.
- Marijuana DUI: Driving high can lead to license loss, fines, or jail.
Even legal marijuana use has strict limits. If you’re facing charges, working with an Orange County criminal defense attorney can make all the difference.
Clearing Old Marijuana Possession Charge in California
California has made it easier to reduce or erase certain marijuana-related convictions. Proposition 64 created a path for people to petition for resentencing or record expungement. More recently, AB 1793 allowed automatic record relief for many eligible offenses.
However, these changes don’t happen overnight. If your conviction hasn’t been cleared or you’re unsure whether you’re eligible an Orange County criminal defense attorney can help speed up the process and ensure your rights are protected.
Talk to an Orange County Criminal Defense Lawyer Today
Even with legalization, marijuana possession laws in California are more complex than most people realize. At the Law Offices of William W. Bruzzo, we have over 30 years of experience helping people navigate local court systems and avoid unnecessary convictions.
If you’ve been charged, are facing a marijuana-related investigation, or want to clear an old record, we’re ready to help. Call us at (714) 547-4636 or contact us online to speak with an experienced Orange County criminal defense attorney today.