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Understanding Rights and Privileges of Smoking Weed at Home in California

Question Themes

  1. Rights and privileges of users
  2. Smoking weed at home
  3. Being homeowners or renters in California

California Law on Cannabis Possession and Usage

Personal Cultivation and Possession

Users have the right to cultivate and possess cannabis in their private residence and on the grounds (Cal. HSC § 11362.2). The person must be of legal age, 21 years or older and cultivation cannot be visible from a public place(Cal. BPC § 26200(g))(Cal. HSC § 11362.2).

Rights according to Civil Code

A homeowner or renter has the right to prohibit smoking on their property or in any building or portion of the building (Cal. CIV § 1947.5)(Cal. CIV § 1947.5).

Cannabis Use at Workplace

A user has the right to use cannabis off the job and away from the workplace without discrimination from their employer but cannot possess, be impaired by, or use cannabis on the job (Cal. GOV § 12954).

Personal Medical Use of Cannabis

A user who is a homeowner or renter in California has the right to cultivate, possess, store, manufacture, or transport cannabis exclusively for their personal medical use. They cannot provide, donate, sell, or distribute cannabis to any other person who does not meet specific criteria (Cal. HSC § 11362.77)(Cal. BPC § 26033).

Cannabis Access For Health purposes

A user in California who is a homeowner or renter has the right to access safe, effective, and affordable medicinal cannabis for health purposes (Cal. BPC § 26320).

Legal constrictions, Rules, and Landlord and Tenant Rights

Rights to smoke weed at home are also subject to any state or local laws, rules, regulations, or ordinances (Cal. HSC § 11362.45(h))(Cal. BPC § 26038(h)(1)). Users must adhere to local ordinances and regulations regarding commercial cannabis activity(Cal. BPC § 26055). The user's rights may also depend on the terms of their lease agreement (Cal. CIV § 1940).

Cultivation Tax and Commercial Cannabis Activity

Local counties in California may impose taxes on the cultivation, manufacturing, selling, or distributing of cannabis or cannabis products by licensed businesses. These taxes are separate from any sales or use taxes imposed under other ordinances(Cal. RTC § 34021.5).

Jurisdictional variations

Local jurisdictions have the right and ability to regulate adult-use cannabis, including the ability to regulate smoking weed in homes (Cal. BPC § 26324).

In California, a user has the right to cultivate and possess cannabis for personal use in their private residence or on the grounds of their private residence, as long as it is not visible from a public place and is kept in a locked space. However, the cultivation is subject to local ordinances. A city, county, or city and county may enact reasonable regulations to regulate personal cultivation, but they cannot completely prohibit it inside a private residence or an accessory structure that is fully enclosed and secure. Outdoor cultivation can be completely prohibited. (Cal. HSC § 11362.2)

In California, individuals who are 21 years of age or older have the following rights and privileges relating to smoking weed at home, regardless of whether they are homeowners or renters:

  1. Possess, process, transport, purchase, obtain, or give away up to 28.5 grams of cannabis not in the form of concentrated cannabis.
  2. Possess, process, transport, purchase, obtain, or give away up to eight grams of cannabis in the form of concentrated cannabis.
  3. Possess, plant, cultivate, harvest, dry, or process up to six living cannabis plants and possess the cannabis produced by those plants.
  4. Smoke or ingest cannabis or cannabis products.
  5. Possess, transport, purchase, obtain, use, manufacture, or give away cannabis accessories.

These activities are lawful under state and local law and are not a violation of state or local law. Cannabis and cannabis products involved in these activities are not considered contraband and are not subject to seizure. No conduct deemed lawful under this section shall be the basis for detention, search, or arrest. (Cal. HSC § 11362.1)

A homeowner or renter in California has the right to prohibit smoking of cigarettes or other tobacco products on their property or in any building or portion of the building, including dwelling units, in accordance with Cal. CIV § 1947.5. This means that a user does not have the right to smoke weed in their home if the homeowner or landlord has prohibited smoking on the property.

In California, homeowners and renters have the right to smoke weed in their own homes. However, it is important to note that inspections may be conducted by law enforcement agencies or peace officers to ensure compliance with tax payment, secure packaging, and licensing requirements. Failure to allow an inspection may result in misdemeanor charges. (Cal. RTC § 34016)

Based on the provided legal documentation, a user who is a homeowner or renter in California has the right to smoke weed at home if they are a qualified patient, a person with an identification card, or a designated primary caregiver. However, this right is subject to the requirements of the article and does not authorize the cultivation or distribution of cannabis for profit. (Cal. HSC § 11362.765)

A user in California has the right to use cannabis off the job and away from the workplace without facing discrimination from their employer. However, this does not permit the employee to possess, be impaired by, or use cannabis on the job. Employers still have the right to maintain a drug- and alcohol-free workplace. (Cal. GOV § 12954)

In California, a user has the right to smoke weed at home if they are 21 years of age or older. However, this right is subject to certain restrictions. Smoking weed at home is prohibited in locations where smoking is prohibited. Additionally, a user cannot smoke weed in a location that is visible from any public place or nonage-restricted area. It is also important to note that the sale or consumption of alcohol or tobacco is not allowed on the premises where weed is being smoked. (Cal. BPC § 26200(g))

A user in California who is a homeowner or renter has the right to possess and administer medicinal cannabis at home. However, this right does not extend to smoking or vaping cannabis products. The user must also ensure that the administration of medicinal cannabis does not disrupt the educational environment or expose other individuals. The user must sign in at the schoolsite before administering the medicinal cannabis and provide a valid written medical recommendation for the pupil. The policy regarding the administration of medicinal cannabis can be amended or rescinded by the governing board of the school district, county board of education, or the governing body of a charter school. (Cal. EDC § 49414.1)

A user in California has the right to smoke weed at home if they are a homeowner or renter, as long as they are not in a place where smoking is prohibited by law, within 1,000 feet of a school, recreation center, or youth center (unless it occurs within a residence), on a school bus, in a motor vehicle being operated, or while operating a boat. (Cal. HSC § 11362.79)

Based on the provided legal documentation, a user in California who is a homeowner or renter has the right to access safe, effective, and affordable medicinal cannabis for health purposes. (Cal. BPC § 26320)

In California, a user who is a homeowner or renter has the right to possess and smoke weed in their own home. However, it is important to note that possession for sale is illegal and can result in imprisonment or fines. (Cal. HSC § 11359)

A user in California who is a homeowner or renter has the right to cultivate, possess, store, manufacture, or transport cannabis exclusively for their personal medical use, as long as they do not provide, donate, sell, or distribute cannabis to any other person. This exemption from licensure requirements applies to qualified patients and primary caregivers who meet the specified criteria. (Cal. BPC § 26033)

A user in California has the right to smoke weed at home if they are a homeowner or renter. The law does not restrict or preempt the ability of an individual or private entity to prohibit or restrict the smoking or ingesting of cannabis on their privately owned property. (Cal. HSC § 11362.45(h))

In California, a user has the right to smoke weed at home if they are a homeowner or renter. However, it is important to note that this right is subject to any state or local laws, rules, regulations, or ordinances that may apply to the conduct of smoking weed at home. (Cal. BPC § 26038(h)(1))

In California, homeowners and renters have the right to smoke weed in their own homes as long as they comply with local ordinances and regulations regarding commercial cannabis activity. However, it is important to note that any material or substantial changes to the premises or the mode of business operation conducted from the premises require written approval from the Department of Cannabis Control. (Cal. BPC § 26055)

A user in California, whether a homeowner or renter, has the right to smoke weed in their own home. (IGNORE)

In California, the rights and privileges of a user relating to smoking weed at home depend on whether they are a homeowner or renter. As a homeowner, you have the right to smoke weed in your own home, as long as it is not prohibited by any local ordinances or homeowners association rules. However, as a renter, your rights may be subject to the terms of your lease agreement. It is important to review your lease agreement to determine if smoking weed is allowed or prohibited. If smoking weed is prohibited in your lease agreement, you may be subject to eviction if you violate this provision. (Cal. CIV § 1940)

In California, homeowners and renters have the right to smoke weed in their own homes. However, it is important to note that local counties may impose taxes on the cultivation, manufacturing, selling, or distributing of cannabis or cannabis products by licensed businesses. These taxes are subject to applicable voter approval requirements and are separate from any sales or use taxes imposed under other ordinances. (Cal. RTC § 34021.5)

A user in California who is a homeowner or renter has the right to possess and cultivate a limited amount of cannabis for medical use. They may possess up to eight ounces of dried cannabis or maintain up to six mature or 12 immature cannabis plants per qualified patient. If a physician determines that this quantity is insufficient for the patient's medical needs, they may possess an amount consistent with their needs. Counties and cities may have their own guidelines that allow patients to exceed these state limits. Only the dried mature processed flowers of female cannabis plants or the plant conversion are considered when determining allowable quantities. (Cal. HSC § 11362.77)

In California, a tenant may temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness with the written approval of the owner or landlord. The person at risk of homelessness has the same rights and obligations as a lodger under California law, except that termination of their right of occupancy is governed exclusively by subdivision (g) of Cal. CIV § 1942.8. The tenant is liable for the actions of the person at risk of homelessness and must inform them of all rules and regulations applicable to the premises. The person at risk of homelessness' right to occupy the premises can be terminated by the landlord or the tenant under certain circumstances. (Cal. CIV § 1942.8)

According to Cal. BPC § 26324, local jurisdictions in California have the ability and right to regulate adult-use cannabis, including the ability to regulate smoking weed in homes. Therefore, the rights and privileges of a user relating to smoking weed in California at home, whether they are a homeowner or renter, may vary depending on the regulations set by their local jurisdiction.

Question: QUESTION 3: What rights and privileges does a user have relating to smoking weed in California at home and being a homeowner or renter?