Best Cannabis Law Lawyers in Bakersfield

About Cannabis Law in Bakersfield, United States

Cannabis law in Bakersfield, United States, is shaped by both California state regulations and local ordinances unique to Kern County and the City of Bakersfield. While California legalized both medicinal and recreational cannabis use for adults through Proposition 64 (the Adult Use of Marijuana Act), local governments retain authority to regulate or ban commercial cannabis activities. Bakersfield, in particular, has stricter restrictions compared to many other California cities, impacting everything from retail sales to personal cultivation.

Why You May Need a Lawyer

Navigating cannabis law in Bakersfield can be complex due to differences between state and local regulations. You may need a lawyer if you:

• Face criminal charges related to cannabis possession, cultivation, or distribution
• Have had your legal cannabis business application denied
• Encounter issues related to expunging or reducing past marijuana convictions
• Need advice on medical marijuana use in workplaces, housing, or schools
• Are unsure about what is legal for personal cultivation or use in Bakersfield
• Face employment issues due to cannabis test results or policy violations
• Are planning to invest in or open a cannabis business

A knowledgeable cannabis law lawyer can help clarify your rights, represent you in court, or guide you through the legal requirements to avoid costly mistakes.

Local Laws Overview

While California state law permits personal use and cultivation of cannabis for adults over 21, Bakersfield adopts more restrictive policies concerning commercial cannabis activity. Here are some key aspects:

• Bakersfield bans all commercial marijuana businesses, including dispensaries, delivery services, and manufacturing facilities within city limits.
• Personal cultivation of cannabis for recreational use is limited to six plants per household, must be indoors or within a secured, enclosed structure, and must not be visible to the public.
• Possession of up to 28.5 grams of cannabis flower or 8 grams of concentrated cannabis is allowed for adults 21 and over, but public consumption is prohibited.
• Medical marijuana patients and caregivers are permitted some exemptions under California's Compassionate Use Act but remain restricted by local ordinances.
• Driving under the influence of cannabis remains a serious offense with strict penalties for violation.

Violating these local ordinances can lead to citations, fines, criminal charges, or loss of property.

Frequently Asked Questions

Is cannabis legal for recreational use in Bakersfield?

Cannabis is legal under California state law for adults 21 and older, but Bakersfield prohibits commercial sales. Personal use and limited cultivation are allowed with specific restrictions.

Can I open a cannabis dispensary or delivery service in Bakersfield?

No, the City of Bakersfield prohibits commercial cannabis businesses within city limits, including dispensaries and delivery services.

How many cannabis plants can I legally grow at home in Bakersfield?

You may cultivate up to six plants per household for personal use, but they must be kept indoors or in a secure, enclosed space not visible to the public.

Can medical marijuana patients possess more cannabis than recreational users?

Medical marijuana patients may possess larger quantities and cultivate more plants with a doctor’s recommendation, subject to state guidelines, but local ordinances may still limit cultivation.

What are the penalties for violating cannabis laws in Bakersfield?

Penalties can range from fines and citations to misdemeanor or felony charges, depending on the nature and severity of the violation, such as illegal sales or unlicensed cultivation.

Can I consume cannabis in public spaces in Bakersfield?

No, public consumption of cannabis is prohibited, including on streets, parks, and in vehicles.

Will a prior marijuana conviction affect my record and can it be expunged?

Some prior cannabis convictions can be reduced or expunged under California law. Consulting a lawyer can help determine your eligibility based on the specific facts of your case.

Can landlords ban cannabis use or cultivation on their property?

Yes, property owners in Bakersfield can prohibit cannabis use and cultivation through lease agreements or building policies, even for medical use.

Is it legal to drive after using cannabis?

It is unlawful to drive under the influence of cannabis. Law enforcement can arrest motorists who are impaired, and penalties mirror those for alcohol-related DUI offenses.

Are there protections for employees who use medical marijuana?

California law does not require employers to accommodate medical marijuana use in the workplace. Employees may face discipline or termination if found using or impaired at work.

Additional Resources

If you need more information or immediate assistance regarding cannabis law in Bakersfield, consider the following resources:

• City of Bakersfield Code Enforcement: For questions about local ordinances and enforcement
• Kern County Department of Public Health: For public health information regarding cannabis
• California Bureau of Cannabis Control: For state-level regulatory and licensing questions
• Legal Aid organizations: For low-cost or free legal assistance with cannabis-related issues

Local criminal defense and cannabis law attorneys are also valuable resources, especially if you are facing criminal charges or business compliance issues.

Next Steps

If you need legal advice or assistance with cannabis law in Bakersfield, start by documenting your situation clearly and gathering any relevant paperwork or evidence. Reach out to a local attorney specializing in cannabis law for a consultation. Be prepared to discuss your goals, such as record expungement, defending against charges, or clarifying your rights about cultivation or use. You may also want to contact the city or county offices to verify current ordinances, as local policies can change. Remember that navigating cannabis law in Bakersfield can be challenging, and professional legal help ensures the best possible outcome for your legal matter.