The Clash Between Federal and State Cannabis Laws in California

Abstract

Federal and State Systems on Weed in California The federal and states laws collide on cannabis cultivation and use in California, leading to disciplinary cases in some instances. While providing an overview of grounds that define the legality or illegality of cannabis existence and use amongst Californians, it is imperative to have a brief history of laws restricting this matter. The medical legality of marijuana in California has been in effect since 1996. The Compassionate Use Act of 1996 included a clause "Preposition 215" that defined the medical significance of marijuana, thus legalizing it on a healthy basis (health and safety code11362.5 HS) (Criger, 2018). However, the recreational use of marijuana remained banned until 20 years later. During this period, any person caught using marijuana for recreational use was subject to law with strict disciplinary measures imposed on the character. However, in late 2016 after the approval of the Adult Use of Marijuana Act (preposition 64), the recreational use of cannabis in California became legal, introducing a new phase of cannabis cultivation and consumption in this state. The law allowed adults aged 21 years and above to possess and grow specified amounts of cannabis (8 grams/six plants per homestead) for recreational uses (Bowling & Glantz, 2019). However, it remains a violation of law punishable through fine or jail term when a person possessing or growing marijuana breaches the Health and Safety Code Section (11358 HS), which states that " If someone aged between 18-20 years grow or possess marijuana, he/she commits an infraction crime punishable by a maximum fine of $100” (Unger et al., 2020). If a person grows more than six plants of marijuana, the act violates cannabis law and is punishable by a six-month jail term of a $500 fine. Considering such a history, one can argue that cannabis cultivation, possession and use are at the same time legal and illegal in California. Legal in the sense that the state law approves it and unlawful in that the federal system poses restrictions on the circumstances...