Legal Personal UseWith the passage of the Adult Use of Marijuana Act, later amended by the Medicinal and Adult-Use Cannabis Regulations and Safety Act (MAUCRSA), adults are now able to legally use cannabis. However, it is important to know the rules about where you can use cannabis, how much you can possess, and the penalties for illegal use.
Buying, Selling, and Giving
- If you are 21 years of age or older you may buy and possess up to one ounce (28.5 grams) of cannabis and up to eight grams of concentrated cannabis, including as contained in cannabis products.
- You can give away up to one ounce (28.5 grams) of cannabis and up to eight grams of concentrated cannabis to a person 21 years of age or older, but you cannot receive money or any other form of compensation.
- If you are 18 years of age or older and have a valid physician's recommendation or a valid county-issued medical cannabis identification card you can use, possess, and transport up to 8 ounces of dried cannabis and up to six mature plants or twelve immature plants. If your medical needs require a larger amount of cannabis, your physician may include a larger amount of cannabis in your physician's recommendation and you may possess and cultivate any amount that is reasonably related to your current medical needs.
- To buy medicinal cannabis, you must be 18 years of age or older and have either a current physician's recommendation, a valid county-issued medical cannabis identification card, or be a Primary Caregiver as defined in Health and Safety Code Section 11362.7(d).
Where You Can Use
- You can use cannabis on private property. However, property owners can still prohibit the use and possession of cannabis on their privately owned property.
- Smoking or vaping medicinal cannabis, and use of any adult-use cannabis (including edibles), is not legal in any public space.
- You cannot smoke cannabis where smoking tobacco is prohibited.
- You cannot use or consume cannabis at a licensed dispensary or any other business in the City of Long Beach.
- You cannot use cannabis within 1,000 feet of a school, day care center, or youth center while children are present. If you are on the grounds of a private residence, you may smoke cannabis at the private residence only if the smoke is not detectable by others on the grounds of the school, day care center, or youth center while children are present.
- You cannot use cannabis while riding in or driving a vehicle, boat, or any other vehicle used for transportation.
Penalties for Illegal Use
Violations for possession or cultivation above the legal limits, transporting, importing, furnishing or giving away cannabis in violation of the law, or violation of the age restriction are punishable as an infraction, misdemeanor and/or fine, depending on the circumstances, and include mandatory drug education or counseling and community service for persons under the age of 18, and may include imprisonment for persons 18 years of age and older.
For more information, consult Health and Safety Code Section 11357 et seq.
Driving Under the Influence
Driving under the influence of cannabis means that because of using cannabis, your mental or physical abilities are so impaired that you can no longer drive a car, boat, or other vehicle with the caution of a sober person, using ordinary care, under similar circumstances.
Using cannabis while driving and driving while high is illegal. If you are under the influence of cannabis while operating a car, boat, or other vehicle, a law enforcement officer can pull you over and conduct a sobriety test.
Possession of cannabis or cannabis products in vehicles are subject to the same requirements as alcohol. Law enforcement officials can issue you an infraction for driving with an "open container" of cannabis. An open container is defined as any receptacle of cannabis or cannabis products (edibles, vape pens, etc.) that is open, has been previously opened, or has a broken seal, as well as loose cannabis flowers not in a container.
For more resources about Driving Under the Influence, visit Greenlight LB in the City of Long Beach Health & Human Services Department.
The following information is intended to provide general information and guidelines and should not be construed as legal advice or as a substitute for legal counsel.