Got a sticky question about what’s legal and what’s not in the state and on the street? We’ve got answers.
Go anywhere in San Francisco and you’re bound to smell it: the pungent whiff of cannabis.
Marijuana has been legal in California for medical use since 1996 and for recreational use since 2016. With California’s bounty of pot farms producing top-shelf weed, recreational cannabis is ever-present in San Francisco, so much so that when the unmistakable tang of green wafts past us on BART, in Golden Gate Park, or up through our apartment window, we barely bat an eye.
Accustomed to it as we are, we could all use a refresher on California’s recreational cannabis laws: Where we can use it, where we shouldn’t and how to buy and carry it without running afoul of the law.
Maybe you’re a newcomer to weed and wanting to try it legally. Maybe you’ve just turned 21 and are ready to light up for the first time. Maybe you’re a San Francisco-bound visitor from a state where weed is still illegal. Or maybe you’re like me: a local so acclimated to San Francisco’s cannabis culture, you forget there are actually still rules and laws where weed is concerned.
Keep scrolling for the refresher we all need on how to use, buy, grow and transport recreational cannabis legally within California.
Who can legally buy and use recreational cannabis in California?
Adults aged 21 or older can legally buy, use and possess cannabis for recreational use in California (the age drops to 18 with a physician’s recommendation for medicinal use). But it’s not a carte-blanche free-for-all. Amounts are limited by state law, as are the places you can legally buy, use and carry cannabis.
How much recreational cannabis can I legally buy and carry in California?
In California, adults 21 and up can buy and possess:
- Up to 1 ounce, or 28.5 grams, of cannabis flower (that’s the leafy kind you’d smoke or eat); or
- Up to 8 grams of concentrated cannabis (the kind you’d use for vaping or dabbing)
Where can I legally buy recreational weed in San Francisco?
You can only buy cannabis from licensed retailers who have a Retail Cannabis Permit from the City of San Francisco and a license from the state of California. These shops follow strict rules preventing sales to minors and ensuring all products are tested and properly labeled with the amount of THC and CBD they contain. A licensed dispensary will have its license displayed to show it’s legit, according to the California Department of Cannabis Control, whose website lists all licensed retailers within the state.
Can I legally use cannabis on the streets of San Francisco?
No. Though many do, it is technically illegal to smoke, eat, vape or use recreational cannabis in public outdoor places, like parks and on sidewalks, or in any place where you cannot smoke tobacco. So if you want to smoke a spliff while you wait for Muni or blaze a J walking down Castro Street, don’t.
Other places you cannot use cannabis include:
- Near schools, youth centers and day cares where children are present;
- Inside most public buildings, like restaurants and bars, concert venues and common areas of apartment buildings; and
- On federal lands, like the Presidio, Alcatraz Island, the Marin Headlands and Ocean Beach.
Light up where you shouldn’t and you chance a fine of up to $250 — no worse than a few parking tickets, but still an expense you surely don’t need. Even with this risk, people regularly do use weed in all manner of public places. Law enforcement often allows these mellow, minor infractions to slide, as long as users are of legal age and adhering to legal limits, but the risk of citation remains.
Where can I legally use recreational cannabis in San Francisco?
On private property and at properly permitted outdoor events. The law allows adults to use recreational cannabis in any private home that you own or whose owner allows cannabis use. Whether your San Francisco digs are a leased apartment, a short-term rental or a hotel room for a short stay in the Bay, be sure to check your rental agreement for any cannabis restrictions that may apply.
Some large outdoor festivals in San Francisco — like the Outside Lands music festival and the 420 Hippie Hill celebration in Golden Gate Park — allow public cannabis use on festival grounds, thanks to temporary cannabis permits that bless on-site weed sales and ease city laws that bar public cannabis consumption.
And here’s another thing to add to the list of awesome things about San Francisco: Most cannabis dispensaries in SF also have on-site consumption lounges. These slick, comfy spaces are private and well appointed, and it’s 100 percent legal to kick back and light up among like-minded folks.
Can I legally use cannabis while driving in California?
No. Just like with alcohol and other intoxicating substances, weed laws in California forbid driving any motorized vehicle (yes, that includes motorcycles) or vessel (that includes things like a jet ski) or riding a bike under the influence of cannabis. That includes the use of medical marijuana. You can be fined, arrested and lose your license.
As with alcohol, open container laws also apply to cannabis. It’s illegal to drive or ride in a vehicle with an open container of weed. Law requires that cannabis be kept in a sealed package or container, or stored out of reach in the trunk of the vehicle out of reach of both drivers and passengers during transit.
If you ever find you’ve chilled too hard and are in need of a ride, take public transport, or let a sober friend or a ride-share service like Uber or Lyft get you home safely.
Can I legally fly with recreational cannabis within California?
The short answer is no, but flying with small amounts of cannabis is considered by many attorneys to be a low-risk endeavor. As previously reported by SFGATE contributing cannabis editor Lester Black, so long as you’re traveling within California and the amount you’re traveling with doesn’t exceed the legal amount to carry — i.e. up to 1 ounce (28.5 grams) of cannabis, or up to 8 grams of concentrated cannabis — you can likely fly with recreational cannabis without a hassle.
Let there be no confusion though: Flying with cannabis within California is technically against federal law. Recreational cannabis is still considered an illegal drug by the U.S. government and airports are policed by federal authorities, specifically the Transportation Security Administration. Flying from one state to another, particularly to states where marijuana is still illegal, is a definite no (you’ll not only be risking trouble on the flight but wherever you land).
That being said, when TSA screens baggage, they’re checking for safety threats like bombs and blades, not blunts. “TSA security officers do not search for marijuana or other illegal drugs,” TSA.gov explicitly says, “but if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer.”
California weed law protects cannabis users adhering to legal limits, so even if the cannabis in your carry-on catches the attention of local law enforcement, you’re still likely in the clear. But as long as you’re technically violating federal law, there’s always a chance, no matter how slim, that things could go south. And what a buzzkill it would be to deal with authorities for longer than your short flight to Los Angeles or Palm Springs. Overall, you need to determine your appetite for risk and delays before you fly with recreational cannabis within California. You may find greater peace of mind by simply shopping for local weed once you reach your travel destination.
Can I legally grow my own cannabis in San Francisco?
Yes. If you’ve got a green thumb, California weed law allows adults 21 and older to grow up to six cannabis plants in their homes or in enclosed, secured yards. Six is the magic number though. Six plants are OK; seven or more and your green thumb can get you in trouble.
To remain legal, your cannabis plants must not be visible to the public and the owner of the property on which the cannabis is grown — either you or your landlord — must be cool with it.
Can I legally give recreational weed as a gift?
Surprisingly, yes. While person-to-person sales are illegal, gifting cannabis — so long as the recipient is 21 or older, the amount of cannabis gifted is within the limits listed above and no payment is exchanged — is allowed by California law. Just be careful: You may soon find yourself drowning in birthday party invitations.
Source: Miles Walls – sfgate.com
