A Guide to the Recreational California Dispensary Laws

California legalized recreational marijuana in 2016 with Assembly Bill 64. The sale and use of recreational and medical marijuana are governed by the Medical and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). Marijuana dispensary marketing is also subject to federal regulations. If you’re interested in purchasing legal recreational cannabis in California, it’s worth considering the guidelines surrounding it. The first step is knowing how to find a California recreational dispensary.

Dispensary Definition

According to CannaInsider, a dispensary is a business or non-profit that gives consumers access to cannabis. Dispensaries are meant to provide consumers a safe and legal place to purchase medical and recreational marijuana with the assistance of experts. These experts are commonly referred to as budtenders and can offer advice on strains, delivery methods, and dosages. There may be price differences between recreational and medical cannabis.

Where Is it Safe to Purchase?

A California recreational dispensary is the ideal place to purchase marijuana safely and legally. To do so, you will need to be over the age of 21 and show a valid form of identification. Each state has its own laws dictating the amount of marijuana you can purchase, but you should be able to buy an ounce of dried cannabis flower and up to 8 grams of concentrate at a California recreational dispensary, according to WeedMaps.

While cannabis delivery is legal throughout California, some counties prohibit deliveries.

Dispensary Laws in California

The distribution of recreational cannabis in California is governed by the portion of MAUCRSA devoted to “Retailers, Distributors, and Microbusinesses.” Before a California recreational dispensary can sell products, it needs to be licensed by the state. The law also regulates the safe transport of cannabis products including requirements regarding who can transport a dispensary’s products and the documentation of such transportation. Dispensaries are required to protect against theft and illicit sales on the premises.

Marketing California recreational dispensaries is further regulated by laws like the Telephone Consumer Protection Act (TCPA). Under this law, dispensaries are limited on when, how, and who they can contact via telephone, be it texting or calls. At least one lawsuit has been filed against California recreational dispensary Trulieve over its telemarketing practices.

California Recreational Dispensary List

According to Ballotpedia, there are between 500 to 1,000 dispensaries in California, but it’s possible that the number is considerably higher. Leafly has a list of roughly 300 adult-use licensed cannabis dispensaries in California, while WeedMaps has an interactive map of marijuana dispensaries located in the state. If you are looking for safe places to purchase cannabis, you can refer to these lists. If you’ve received text messages from a California recreational dispensary, you may also be able to identify them using these lists.

Is It Legal to Smoke Marijuana Anywhere in California?

No, there are restrictions on where legalized recreational marijuana may be smoked. In fact, the Adult Use Marijuana Act ensures the word “smoke” refers to any form of marijuana use, including edibles.

Legal cannabis products are not allowed to be used or consumed in any public place or in any location where tobacco smoking is prohibited. No marijuana use is allowed within 1,000 feet of a school, daycare center, or youth center. If a private residence is located within 1,000 feet of such a child-related facility, marijuana only can be used if such use cannot be detected by anyone within the nearby area.

Cannabis may be consumed legally in private homes, in ancillary buildings on the grounds of a private home that is enclosed away from the public, and outside at a private residence unless a city or county ordinance forbids it.

How Can I Legally Transport Marijuana from a California Recreational Dispensary?

A package of purchased cannabis or cannabis-containing products must remain sealed until the consumer arrives home. According to California law, marijuana must be kept in a child-proof container, out of the driver’s reach. Not even a passenger is allowed to open the container or use any marijuana while inside the vehicle, according to PotGuide.com.

In California, marijuana-related DUIs are punishable by probation, fines, license suspension, or jail time. Subsequent convictions carry increasingly harsher penalties, just as those imposed on drivers who receive multiple alcohol-related DUIs.

California Recreational Dispensary Dodges Home Delivery Lawsuit

Another way Californians have been able to get their green is through a home delivery option provided by some dispensaries. In 2019, state regulators adopted a rule allowing for home delivery. However, home delivery faced a legal challenge from local governments in jurisdictions that prohibited the commercial sale of marijuana and complained that the rule would allow the illegal sale of pot in their regions. The Minneapolis Star Tribune reports that California dispensaries can breathe a sigh of relief after a court tossed the lawsuit in late November.

California cities that banned the commercial sale of pot said that state law allowing dispensaries to deliver to its residents’ homes violated their local authority. However, in a recent ruling, a judge found that local regulations and state laws were not necessarily in conflict. According to the Star Tribune, in essence, the court ruled that cities can enact local regulations prohibiting the delivery of marijuana in their jurisdiction, but could not rely on state regulators to enforce the local ordinance.

Legal observers said that the ruling likely means that the debate about marijuana home delivery under California dispensary laws will come back as attitudes around the substance change.

“It’s going to be up for interpretation moving forward. I don’t think we’re done having this discussion,” a representative for the California Cannabis Industry Association told the newspaper. “It’s not settled. We are still in the midst of a cultural shift with cannabis.”

Trulieve California Dispensary

Cannabis provider Trulieve has a dispensary in California called Leef Industries, located in Palm Springs. Leef offers in-store shopping as well as online purchasing and delivery.

In 2019, a Florida consumer filed a lawsuit against Trulieve accusing the company of sending unsolicited spam text messages to the plaintiff and others. The plaintiff alleges that he received two messages from Trulieve advertising a sale and available products as well as the store hours.

Under the TCPA, companies are restricted from contacting consumers without prior express written permission. The Trulieve suit alleges that the lead plaintiff and others were harmed by these messages including an invasion of privacy, aggravation, and disruptions.

Marijuana Dispensary Lawsuit

The TCPA was passed to protect consumers from the inconvenience and annoyance of telemarketers. If you have been improperly contacted by a California recreational dispensary, you may be eligible to file or join a class action suit. The contact may have been in the form of a robocall, text message or ringless voicemail sent without your consent. The TCPA states that a previous existing business relationship with a company is not sufficient to justify contacting them.

Join a Free Marijuana Dispensary Unwanted Text Messages Lawsuit Investigation

If you received an unsolicited text message, ringless voicemail, robocall, and/or a call with a pre-recorded voice from a marijuana dispensary, you may be able to join a FREE marijuana dispensary unwanted text message class action lawsuit investigation.

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This article is not legal advice. It is presented
for informational purposes only.