Best Cannabis Law Lawyers in Aliso Viejo

About Cannabis Law in Aliso Viejo, United States

Cannabis Law in Aliso Viejo, California, falls within both state and local legal frameworks. Since the passing of the Adult Use of Marijuana Act (Proposition 64) in 2016, it is legal for adults 21 years or older in California to possess and use cannabis for recreational purposes. Medical cannabis use has been legal in the state since 1996. However, individual cities like Aliso Viejo have the authority to create additional restrictions or regulations concerning the cultivation, sale, and use of cannabis within their jurisdictions. This patchwork of laws makes it particularly important for residents and businesses in Aliso Viejo to stay informed and compliant with both state and local cannabis regulations.

Why You May Need a Lawyer

Legal issues involving cannabis can be complex due to the interaction of state, local, and federal law. You may need a cannabis law attorney in the following situations:

• Starting a cannabis-related business or dispensary
• Facing criminal charges for cannabis possession, distribution, or cultivation
• Employment disputes related to cannabis testing or workplace policies
• Compliance issues with business licensing and local regulations
• Landlord-tenant disputes involving cannabis use or cultivation
• Expungement of criminal records related to past cannabis offenses
• Civil litigation involving cannabis contracts or partnerships
• Family law matters impacted by cannabis use

Because cannabis remains illegal under federal law, but permitted under state and local regulations to varying degrees, legal advice can help you avoid costly mistakes and protect your rights.

Local Laws Overview

Aliso Viejo, as a city in Orange County, regulates cannabis businesses and usage within its borders. Some key aspects of local law include:

• Personal recreational use and possession of cannabis are legal in accordance with California state law, subject to age and quantity restrictions.
• Cannabis consumption in public spaces or near schools and daycare facilities is prohibited.
• Local regulations may restrict or ban commercial cannabis activities, including dispensaries, cultivation sites, and manufacturing operations. As of early 2024, Aliso Viejo does not allow retail cannabis storefronts.
• Home cultivation of up to six plants for personal use is permitted, but must occur within a private residence and comply with safety and building codes.
• Driving under the influence of cannabis is illegal, and can result in DUI charges and penalties.
• Landlords may prohibit tenants from using or cultivating cannabis on rental properties.

It is important to check with city officials or a qualified attorney for up-to-date information, as local laws can change.

Frequently Asked Questions

Is recreational cannabis legal in Aliso Viejo?

Recreational cannabis is legal for adults 21 years or older under California law. Local policies in Aliso Viejo follow state law for personal possession and use but can further regulate commercial activity.

Can I open a cannabis dispensary or business in Aliso Viejo?

Currently, Aliso Viejo does not permit cannabis dispensaries or commercial cannabis businesses. Always check updated city ordinances for the most current regulations.

How much cannabis can I legally possess?

Adults 21 and over can possess up to one ounce (28.5 grams) of dried cannabis or eight grams of concentrated cannabis.

Can I grow cannabis at home?

Yes. State law allows adults to grow up to six cannabis plants at home for personal use, provided cultivation is indoors and not visible to the public.

Is smoking cannabis allowed in public places?

No. Smoking or consuming cannabis in public places, near schools, and in vehicles is prohibited by law.

Can I be fired for cannabis use?

Employers retain the right to maintain a drug-free workplace and may enforce policies that prohibit cannabis use, even if it is legal under state law.

What should I do if I am charged with a cannabis-related offense?

Seek legal counsel immediately. A lawyer can advise on defense strategies and help you navigate the legal process, including opportunities for record expungement.

Is medical cannabis treated differently from recreational use?

Medical cannabis patients may have greater possession limits and access to specific products, but are still subject to many local and state restrictions.

Can landlords ban cannabis in rental properties?

Yes. Landlords have the legal right to prohibit cannabis use and cultivation as a condition of the lease.

Are there federal penalties for cannabis in Aliso Viejo?

Cannabis remains illegal under federal law, but federal enforcement against individual possession in compliance with state law is minimal. However, larger-scale activities or crossing state lines can trigger federal penalties.

Additional Resources

For more information and assistance, consider the following resources:

• City of Aliso Viejo - City Clerk or Community Development Department for local ordinances and business regulations
• California Bureau of Cannabis Control for statewide rules, licensing, and consumer information
• California Department of Public Health for information about medical cannabis
• Orange County Public Law Library for legal research guidance
• National Organization for the Reform of Marijuana Laws (NORML)
• Local criminal defense attorneys and business law specialists familiar with cannabis laws

Next Steps

If you are seeking legal help related to cannabis in Aliso Viejo:

• Gather all documents and details related to your situation, such as business licenses, citations, or lease agreements
• Identify the specific issue you are facing, whether it is a business compliance matter, criminal charge, or tenant rights question
• Consult with a local attorney who has experience in cannabis law - they can provide tailored advice based on current city and state regulations
• Consider reaching out to governmental agencies or advocacy groups for up-to-date information and support
• Stay informed about changing laws, as cannabis regulations are evolving at both the state and local level

Taking prompt and informed action is the best way to protect your interests and ensure compliance with cannabis laws in Aliso Viejo.