San Jose Criminal Defense Lawyer Explains California Pot Legalization
Cannabis is now legal within the state of California, for the most part. Although the passage of Proposition 64 made recreational use of marijuana legal in the California state law books, there are still hurdles to overcome. For instance, how will it affect your employment? Can your boss tell you that you cannot do something that is legal by law? How can you purchase cannabis without earning a drug charge? You may be surprised by the answers.
Your Boss’ Word is Law, at Work
Outside of your place of employment, it is legal to wear clothing suited to your tastes and you can sport the hair color and style of your choosing. It is also completely legal to have piercings and tattoos and speak however you wish, so long as you are not infringing upon the rights of another individual. However, in the office, you may be required to wear khaki pants, a dress shirt, and close-toed shoes. Additionally, you may be required to have your hair pulled neatly away from your face and only wear one earring in each ear. This idea is no different from the legality of marijuana in the workplace. California law still maintains that each place of business reserves the right to remain drug, tobacco, and alcohol-free, including cannabis, if they so choose.
Other obstacles with recreational marijuana
Just because recreational use is legal, this does not mean it is available for sale everywhere. You may have noticed that many of the dispensaries still require proof of medical necessity, via the medical marijuana card, to dispense to their patrons. Although there are a few who break the rules and distribute to those who meet the over the age of 21 requirements, recreational sales are not expected to be legitimized until 2018. At that time, two taxes will additionally come into play, including the retail tax and the cultivation tax. For now, the circumstances that are legal include:
- Possessing an ounce or less;
- Someone with a medical card giving someone without a card an ounce free of charge; and
- Growing up to six plants in your home.
Drug Charges Require Representation
Although marijuana has made a leap into recreational use, there is a significant portion of a gray area left to cover. This step in our society is brand new, and there will be many kinks to work out. Therefore, if you are facing drug charges, it is wise to contact a skilled lawyer who is familiar with the intricate details of drug law. If you would like to have your questions answered by a San Jose, CA drug charge defense attorney, contact the Law Offices of Thomas Nicholas Cvietkovich today to schedule your free initial consultation.