Best Cannabis Lawyers in Campbell

About Cannabis Law in Campbell, United States

Cannabis laws in Campbell, California, are influenced by both state and local regulations. California legalized cannabis for medical use in 1996, and for adult recreational use in 2016 under Proposition 64 (the Adult Use of Marijuana Act). While cannabis is legal under California law for adults 21 and over, the City of Campbell enforces additional local ordinances dictating how cannabis can be possessed, used, cultivated, and sold within the city. Understanding the intersection of state and local laws is important to stay compliant and avoid legal issues.

Why You May Need a Lawyer

There are several situations where legal advice from a knowledgeable attorney specializing in cannabis law can be crucial in Campbell:

• Business Licensing and Compliance: Navigating the complex permitting and licensing required to operate a cannabis business can be challenging.
• Criminal Charges: Facing allegations of illegal possession, distribution, cultivation, or impaired driving related to cannabis.
• Employment Issues: Dealing with workplace drug testing or termination due to cannabis use (recreational or medical).
• Property and Landlord-Tenant Disputes: Clarifying rules regarding cannabis cultivation and consumption in rental properties.
• Expungement: Clearing old cannabis convictions that are now eligible for expungement under state law.
• Consumer Rights: Issues with faulty products, personal injury, or disputes with dispensaries.

Local Laws Overview

While California state law allows adult use and medical marijuana, Campbell’s city ordinances impose additional restrictions. The following are key aspects relevant to Campbell:

• Retail Sales: As of this guide’s writing, Campbell does not permit storefront retail cannabis businesses within city limits. Delivery from licensed outside dispensaries to Campbell addresses may be allowed under state law, but check with city officials for updates.
• Cultivation: Personal cultivation of up to six plants per household is allowed indoors for adults 21 and over. Commercial cultivation is not permitted.
• Public Consumption: Cannabis cannot be consumed in public spaces, on federal property, or anywhere tobacco smoking is prohibited. Enforcement is strict within the city.
• Possession: Adults 21+ can possess up to 28.5 grams of cannabis or 8 grams of concentrate. Possession by persons under 21 remains illegal.
• Medical Use: Medical cannabis patients and their caregivers may possess and cultivate greater quantities, with valid physician recommendation and state-issued identification.
• Driving: Driving under the influence of cannabis is a criminal offense, and cannabis cannot be transported in an open container.

Frequently Asked Questions

Is cannabis legal for recreational use in Campbell?

Yes, for adults 21 and over under California law. However, Campbell has local restrictions, especially regarding sales and public consumption.

Can I open a dispensary in Campbell?

Currently, Campbell does not allow cannabis retail storefronts or commercial cultivation within city limits.

How much cannabis can I possess in Campbell?

Adults 21 and older can possess up to 28.5 grams (about one ounce) of cannabis flower and up to 8 grams of concentrated cannabis.

Can I grow cannabis at home?

Yes, adults 21+ can grow up to six plants per residence, but they must be grown indoors and out of public view.

What are the penalties for underage possession?

Possession by persons under 21 is illegal and may result in fines, mandatory drug education, or community service.

Is it legal to consume cannabis in public in Campbell?

No, state and local law prohibit public consumption, including parks, sidewalks, and businesses.

Can medical marijuana patients possess more than recreational users?

Yes, qualified patients with a physician’s recommendation can possess and cultivate greater amounts as needed for their medical use.

Can I be fired from my job for cannabis use?

Employers may enforce drug-free workplace policies and take adverse action for cannabis use, even if it’s legal under state law.

Can I expunge past cannabis convictions?

California law allows many prior cannabis-related convictions to be reduced, dismissed, or sealed. Legal assistance may help navigate this process.

Are non-citizens at risk if they use cannabis legally in California?

Yes, non-citizens may face serious immigration consequences, including denial of entry or removal, even if cannabis use is legal under state law.

Additional Resources

If you need more information or legal assistance regarding cannabis, consider reaching out to the following:

• City of Campbell City Clerk’s Office: For copies of local ordinances and updates on city policies.
• Santa Clara County Public Health Department: For information on health aspects and safe use.
• California Bureau of Cannabis Control: State regulatory agency overseeing cannabis businesses, consumer warnings, and licensing.
• Legal Aid Society of Santa Clara County: Free or low-cost legal aid for eligible residents.
• California NORML (National Organization for the Reform of Marijuana Laws): Advocacy and resources for cannabis consumers and patients.

Next Steps

If you need legal help with a cannabis-related issue in Campbell, take the following steps:

• Identify your specific concern (e.g., business licensing, criminal charges, employment, expungement).
• Gather all relevant documents—citations, medical recommendations, business paperwork, or correspondence.
• Contact a qualified cannabis attorney in California, ideally one familiar with Campbell’s local ordinances.
• Consult city and county offices for the most current information on regulations and permits.
• If cost is a concern, seek assistance from legal aid organizations or community advocacy groups.