Best Cannabis Law Lawyers in San Mateo

About Cannabis Law in San Mateo, United States

Cannabis law governs the cultivation, distribution, possession, and consumption of cannabis. In San Mateo, California, cannabis use is regulated by a mixture of state and local laws. California’s Proposition 64 legalized recreational cannabis for adults over 21, with specific restrictions and requirements. Local jurisdictions like San Mateo have the authority to impose additional regulations, particularly concerning commercial activity, public consumption, and zoning issues. Understanding these laws is essential before engaging in any activity related to cannabis, whether for personal, medical, or business use.

Why You May Need a Lawyer

Legal advice is often necessary due to the complex and evolving nature of cannabis law. Common situations that may require the assistance of a cannabis law attorney in San Mateo include:

• Facing criminal charges related to cannabis possession, distribution, or cultivation
• Seeking to start a cannabis-related business, such as a dispensary or delivery service
• Navigating licensing and regulatory requirements
• Addressing employment or landlord-tenant disputes related to cannabis use or business
• Dealing with local zoning or compliance issues for cannabis operations
• Pursuing expungement of prior cannabis convictions
• Handling issues related to medical cannabis recommendations and access
• Defending against alleged violations of state or local cannabis regulations

A cannabis law attorney can help interpret the law, ensure compliance, and represent your interests in negotiations or in court.

Local Laws Overview

While California state law legalized both medicinal and adult recreational cannabis use, each city and county can adopt its own regulations on businesses and public use. In San Mateo:

• Adults 21 and older may legally possess up to 28.5 grams of cannabis or 8 grams of concentrated cannabis in private
• Cultivation of up to six plants per residence for personal use is permitted, subject to local rules
• Commercial cannabis businesses, such as retail stores and delivery services, are strictly regulated and, in some cases, prohibited depending on zoning ordinances
• Public consumption of cannabis is not allowed, including in parks, near schools, and on most public property
• Driving under the influence of cannabis remains illegal and subject to strict penalties
• Cannabis use and possession remain illegal under federal law, which may impact certain situations

Before engaging in any cannabis-related activity, it is crucial to review local San Mateo ordinances and obtain necessary permits or legal advice.

Frequently Asked Questions

Is recreational cannabis legal in San Mateo?

Yes, adults 21 and older may possess and use recreational cannabis in San Mateo, but there are restrictions on where and how you can use or grow cannabis.

Can I open a cannabis dispensary in San Mateo?

San Mateo has strict zoning laws, and many localities within the county either prohibit or heavily regulate cannabis dispensaries. You must research local ordinances and obtain all proper permits and licenses.

What are the limits for personal possession?

Adults may possess up to 28.5 grams of cannabis flower or 8 grams of concentrate. Possession of amounts beyond these limits can result in legal penalties.

Can I grow my own cannabis plants at home?

State law allows up to six plants per private residence for personal use, whether grown indoors or outdoors, but local ordinances may impose additional restrictions.

Is it legal to use cannabis in public?

No, using cannabis in public places, including parks and sidewalks, is prohibited. Consumption must occur in private spaces.

Can I get a previous cannabis conviction expunged?

California law allows some past cannabis convictions to be expunged or reduced. An attorney can help determine your eligibility and guide you through the process.

Are medicinal cannabis laws different?

Yes, medical cannabis patients with a valid recommendation have certain privileges, such as higher possession limits. These are also subject to local restrictions.

Is it legal to drive after consuming cannabis?

No, driving under the influence of cannabis is illegal and can lead to arrest, fines, and license suspension.

Can employers discriminate against cannabis users?

Employers in California can maintain drug-free workplace policies and may discipline or fire employees for cannabis use in some cases, even with a medical recommendation.

What should I do if I am arrested on a cannabis charge?

Remain calm, do not resist, and contact a qualified cannabis law attorney as soon as possible to protect your rights.

Additional Resources

If you need more information or help regarding cannabis law in San Mateo, the following resources may be valuable:

• San Mateo County Government Offices for local cannabis ordinances and business licensing information
• California Bureau of Cannabis Control for state regulations and licensing
• California NORML for advocacy, educational resources, and policy updates
• Legal Aid organizations familiar with drug law and expungement services
• California Department of Public Health for information on medical cannabis rights and access

Next Steps

If you need legal assistance or have concerns about cannabis law in San Mateo, consider the following actions:

• Gather all documentation related to your situation, such as citations, legal notices, or business paperwork
• Research local laws specific to your city or neighborhood within San Mateo
• Contact a lawyer who specializes in cannabis law for a consultation
• If eligible, explore resources for legal aid or expungement assistance
• Stay informed on evolving local ordinances and state regulations relating to cannabis

Laws regarding cannabis are subject to change, so it is wise to seek professional guidance before taking any action that could have legal consequences.