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What you'll learn in this post:<\/h2>\n
[Click any of the section titles below to jump there]<\/p>\n
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- Can I just walk in with my ID and get marijuana?<\/a><\/li>\n
- Do you have to be 21 to use it in public?<\/a><\/li>\n
- Do I have to register with the state of California?<\/a><\/li>\n
- Are records of my marijuana purchases kept?<\/a><\/li>\n
- Do I need a California ID or something to show my residence? Are out-of-state individuals allowed to access recreational cannabis with a 21+ out-of-state ID?<\/a><\/li>\n
- Are foreign individuals allowed to access recreational cannabis with a 21+ foreign ID?<\/a><\/li>\n
- Will recreational grade cannabis lack the quality or control of medical grade?<\/a><\/li>\n
- How much are recreational cannabis taxes going to be? Does it vary by county?<\/a><\/li>\n
- Can I fly with it in California?<\/a><\/li>\n
- Could I buy it in the mail?<\/a><\/li>\n
- Can I give cannabis away to my friends?<\/a><\/li>\n
- Can I still get my favorite brands?<\/a><\/li>\n
- Can I attend cannabis events?<\/a><\/li>\n
- I heard California just changed Prop 64 to allow large cultivators to take over<\/a><\/li>\n
- I thought it was legal, then found out I have even more restrictions than before. Can Prop 64 be repealed?<\/a><\/li>\n
- How will recreational cannabis influenced the medical cannabis movement?<\/a><\/li>\n
- Are CBD-only products (less than 0.3%) considered herbal supplements or cannabis? How will recreational cannabis influenced the medical cannabis movement?<\/a><\/li>\n
- Are CBD-only businesses and products subject to the new laws, or do they only apply to cannabis based businesses?<\/a><\/li>\n
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Frequent Medical Cannabis Questions<\/h2>\n
- Will registering with the state affect any potential government jobs?<\/a><\/li>\n
- What are the benefits that come with being a medical marijuana patient?<\/a><\/li>\n
- What does it mean when they say my rec now has to come from my 'attending physician'?<\/a><\/li>\n
- If I get the state card, does that require yearly renewal as well?<\/a><\/li>\n
- Being that I'm under 21, my recommendation should still suffice, correct?<\/a><\/li>\n
- Come January, will out-of-state patients still be able to use their rec for delivery?<\/a><\/li>\n
- Are out-of-state patients able to acquire a MMIC from California?<\/a><\/li>\n
- Will my passport and rental agreement work?<\/a><\/li>\n
- I hear it'll be much harder to get a medical recommendation in 2018; is that true?<\/a><\/li>\n
- So if you get a card, what's the use when cannabis is legal? Is there a discount or something? Is my weed cheaper if I have an MMID in 2018?<\/a><\/li>\n
- What'll be the difference between a dispensary that has a medicinal license vs recreational?<\/a><\/li>\n
- Where does the 15% excise tax go?<\/a><\/li>\n
- Can employers still fire me for testing positive for cannabis on drug tests?<\/a><\/li>\n
- Does having a card affect gun rights?<\/a><\/li>\n
- Since the cost of a NuggMD card renewal ($49) is the same as a new doctor\u2019s recommendation, what disadvantage would there be in letting my current recommendation lapse, then get a new one in a few months--if I still need one?<\/a><\/li>\n
- Does my state-issued card become inactive once the recommendation expires?<\/a><\/li>\n
- I hear the state is not going to allow collectives anymore. Is this true?<\/a><\/li>\n
- Further Reading<\/a><\/li>\n<\/ul>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n
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Frequently Asked Recreational Cannabis Questions<\/h1>\n
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![\"cannabis](\"https:\/\/getnugg.com\/blog\/wp-content\/uploads\/2018\/01\/Webp.net-resizeimage-9-300x236.jpg\")
<\/a><\/p>\n<\/p>\n
Can I just walk in with my ID and get marijuana?<\/strong><\/span><\/p>\n
If you\u2019re over 21, yup. That\u2019s the law now.<\/span><\/p>\n
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Do you have to be 21 to use it in public?<\/strong><\/span><\/p>\n
There is absolutely no Prop 64 provision that allows you to light up in general public areas.<\/strong> If you can\u2019t smoke a cigarette there, you can\u2019t smoke cannabis either. There are going to be lounges where consumption will be allowed, but that\u2019s up to local ordinances. These businesses will not allow anyone under 21 <\/span>per state law<\/span><\/a>.<\/span><\/p>\n
<\/p>\n
Do I have to register with the state of California?<\/strong><\/span><\/p>\n
Not for recreational use or even cultivation of up to six plants indoors. Some counties like <\/span>Monterey<\/span><\/a> are trying to require registration for the small amounts of indoor recreational cultivation allowed by Prop 64. It\u2019s a new thing and hasn\u2019t been challenged in court yet–so\u00a0<\/span>it\u2019s almost guaranteed it will be.<\/span><\/p>\n
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Are records of my recreational marijuana purchases kept?<\/strong><\/span><\/p>\n
Yes, the details of each recreational purchase are recorded. These include your first name, your customer number, what you bought, how many, when you bought it\/them, and for how much.<\/span><\/p>\n
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Do I need a California ID or something to show my residence? Are out-of-state individuals allowed to access recreational cannabis with a 21+ out-of-state ID? <\/strong><\/span><\/p>\n
Yes. It looks like, from <\/span>the language here<\/span><\/a>, all they’re required to show is a government-issued identification saying they’re 21 or older. It doesn\u2019t say it has to be a California ID. There are some cities in California that are looking forward to becoming cannabis tourism destinations.<\/span><\/p>\n
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Are foreign individuals allowed to access recreational cannabis with a 21+ foreign ID? <\/strong><\/span><\/p>\n
The general consensus is that Prop 64 never specifies residency<\/strong> for recreational users. If you’re visiting California and staying in a hotel, remember that many hotels ban smoking.<\/span><\/p>\n
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Will recreational grade cannabis lack the quality or control of medical grade?<\/strong><\/span><\/p>\n
There’s a little known provision that the legislature added to the MAUCRSA this session. <\/span>Business & Professions Code 26070 (l)<\/span><\/a> says, \u201cbeginning January 1, 2018, a licensee may sell cannabis or cannabis products that have not been tested for a limited and finite time as determined by the bureau.\u201d<\/span><\/p>\n
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It\u2019s likely they did this to prevent a complete collapse of the supply chain during these first few days of legalization (like what happened in some other states). It has to say on the label that it hasn\u2019t been tested. <\/span>So, technically, none of them are required to be tested–yet. Look very carefully for that label until the legislature changes its rules. <\/span><\/p>\n
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How much are recreational cannabis taxes going to be? Does it vary by county?<\/strong><\/span><\/p>\n
Heck, there\u2019s a massive spread on tax rates by different municipalities in the <\/span>same<\/span><\/i> counties. They’re basically testing the limits of what they think producers and consumers will accept. Some of the local tax rates seem wildly unrealistic. <\/span><\/p>\n
<\/p>\n
Farmersville is imposing a tax on marijuana businesses at a maximum rate of 10% of gross receipts or $25 per square foot. This is in addition to the state\u2019s mandated taxes, though\u00a0they don\u2019t seem to have any takers yet.<\/span><\/p>\n
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We\u2019ve included speculations to this point in a separate article because it deserves more than a short answer. Some are estimating that the cumulative taxes will double or even triple current market prices<\/strong>, but not until the initial supply run is over and demand outstrips current supplies. For the sort of short answer, you\u2019ll find the applicable taxes in <\/span>Revenue and Taxation Code Part 14.5<\/span><\/a>. <\/span><\/p>\n
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Can I fly with it in California?<\/strong><\/span><\/p>\n
Even if all travel is in the same legal state, it\u2019s still a bad idea<\/strong>. There is a pretty <\/span>succinct answer<\/span><\/a> from the TSA, who apparently doesn\u2019t care one whit about Constitutional rights if you\u2019ve been watching the news for the past few years:<\/span><\/p>\n
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Possession of marijuana is illegal under federal law. TSA officers are required to report any suspected violations of law, including possession of marijuana. TSA\u2019s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers do not search for marijuana or other illegal drugs, but in the event a substance that appears to be marijuana is observed during security screening, TSA will refer the matter to a law enforcement officer.<\/span><\/i><\/p><\/blockquote>\n
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In other words, it may be legal to possess cannabis in the state, but it\u2019s still gonna be a pain in the butt to get it past the TSA (literally,\u00a0they give rectal exams for less.)<\/span><\/p>\n
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Could I buy it in the mail?<\/strong><\/span><\/p>\n
No. Well, you probably could, but it\u2019s not legal. <\/span>Postal inspectors have to obtain a <\/span>search warrant<\/span><\/a> before they can open your package, but if they suspect there are drugs in the package, they can and will obtain it. They <\/span>intercept tons<\/span> of cannabis every year and even post the statistics.\u00a0<\/span>And the private couriers are even worse, as shipping with companies like <\/span>DHL<\/span><\/a> or <\/span>FedEx<\/span><\/a> carries fewer privacy rights. <\/span><\/p>\n
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Can I give cannabis away to my friends?<\/strong><\/span><\/p>\n
You can legally give away cannabis to anyone 21 or over, as long as the amount is under 28.5 grams. If you give away more than 28.5 grams or give cannabis to anyone under 21, you’ll face fines and possibly even criminal charges.<\/span><\/p>\n
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Can I still get my favorite brands?<\/strong><\/span><\/p>\n
Mostly likely not. The Manufactured Cannabis Safety Branch<\/a> created their own rules that demand specific limits on cannabis product concentrations and shapes. Some food products are strictly prohibited, such as edibles that look appealing and indistinguishable from normal kids’ candy.\u00a0<\/span>The licensing requirements can be so detailed that some companies are realizing they just don’t have the means to adapt and survive.<\/span><\/p>\n
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Can I attend cannabis events?<\/strong><\/span><\/p>\n
Trade shows like the High Times Cannabis Cup will still be active, but they’ll\u00a0now be strictly limited to adults 21 and up. Even a medical patient under 21 isn’t allowed, nor is alcohol and tobacco use. Another downer? Free samples are a thing of the past.<\/span><\/p>\n
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I heard California just changed Prop 64 to allow large cultivators to take over.<\/strong><\/span><\/p>\n
That’s actually fairly true. Section 26061(d) of Prop 64 (you’ll find it <\/span>here<\/span><\/a> on page 28) says \u201cNo Type 5, Type 5A, or Type 5B cultivation licenses may be issued before January 1, 2023.\u201d (That’s the huge cultivation licenses that are larger than 22,000 feet indoors and one acre outdoors).\u00a0<\/span>The law was written this way to let everyone get the same chance for a foothold in the market before big producers could try to cut out competition.<\/span><\/p>\n
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The state legislature suddenly changed this just a few weeks ago to the absolute outrage of the cannabis community. After all, the state isn’t supposed to be able to change a ballot initiative like this.<\/span><\/p>\n
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Unfortunately, the language of Prop 64 allows wide latitude to the legislature to amend the initiative (Section 10, page 64 of the <\/span>same link<\/span><\/a>). They’re using that wide latitude, and their decision is likely going to be challenged in court along with some other changes.<\/span><\/p>\n
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I thought it was legal, then found out I have even more restrictions than before. Can Prop 64 be repealed?<\/strong><\/span><\/p>\n
Some Californians are definitely feeling a little buyer’s remorse in the more restrictive municipalities. Others are considering filing lawsuits to fight for the rights that they thought would be guaranteed by Prop 64<\/a>. <\/span><\/p>\n
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There are also some activists in the medical movement that are considering a statewide constitutional amendment to help protect access for medical patients no matter what changes are made to recreational regulations.\u00a0<\/span>Prop 64 was originally supported by these influencers.\u00a0<\/span>Contact them and ask for additional efforts to improve the law, or just thank them for their support if you’re happy with how Prop 64 is panning out:<\/span><\/p>\n
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- Do you have to be 21 to use it in public?<\/a><\/li>\n