Omaha Drug Attorney: Regulating Legalized Marijuana

Daniel Stockmann is an Omaha drug attorney with years of experience working with clients facing drug charges. Citizens of Nebraska often find themselves in hot water when it comes to marijuana charges because of the state’s law enforcement strategies for increasing arrests. This is a priority for law enforcement officials due to Nebraska’s proximity to Colorado, a state with legalized marijuana use and possession. Because local government policy is different from state to state and often clashes with federal law, navigating marijuana laws in the United States can be tricky. In states that have legalized cannabis, it’s important to understand the laws that exist to regulate marijuana production, sales, and consumption.

Marijuana Production and Sale Laws

In states where recreational marijuana is legal, such as Colorado, Nevada, California, and Washington, marijuana growth and production is subject to serious regulation. In Colorado, for example, there are laws that govern home production. Residents who are 21 years of age or older are allowed to grow no more than six cannabis plants in their home. Not only that, but the plants must be kept in a secure area that minors cannot access and that can’t be viewed openly. This is an example of Colorado state law, but it’s important to note that municipal laws may differ. Though state law allows each Colorado resident up to six plants, Denver requires that no more than 12 plants be grown in any home, regardless of the number of residents.

Sales of cannabis are also heavily regulated in legal states. In general, only licensed growing establishments are allowed to sell. Home-grown marijuana cannot be sold and must only be for personal use, with the Colorado exception of gifting up to 1 ounce of marijuana to another legal resident 21 years or older. In order for a dispensary to be licensed and ready to sell, it must pass various certifications and tests and then comply with all local laws and statutes regarding its sales, employees, and products. Marijuana and related products must then comply with all rules regarding labeling, packaging, and testing.

Marijuana Consumption Laws

Though some people think that legal states are filled with people smoking marijuana on streets and in restaurants, public consumption is actually illegal in most instances. In Colorado, the state with perhaps the most liberal views in regards to cannabis, it is still illegal to consume it in public spaces. This includes smoking, vaping, or eating marijuana products in public. It’s also important to note that even though state law allows private consumption of marijuana, property owners can still ban the use of it on their rental properties.

Being under the influence of marijuana is also considered illegal, such as driving while drunk. Because the effects of intoxication from marijuana are different than those from alcohol and also harder to measure, it’s a bit unclear as to what determines a “DUI.” In general, there must be some signs of impairment. To be on the safe side, stick to cannabis consumption only when you’re sure you won’t be behind the wheel of a vehicle.

Laws concerning cannabis vary from state to state and county to county. In states and counties where consumption and purchase of cannabis is legal, it still doesn’t change the fact that marijuana is still classified as a Schedule 1 drug on a federal level. This means that federal property is off limits when it comes to consuming marijuana. It’s also illegal to transport recreational marijuana across state lines for this reason. Wherever you are, make a point to understand local and federal laws before making any purchases or consuming.

Call On Omaha Drug Attorney Daniel Stockmann

If you or someone you know is facing a drug charge, call on trusted Omaha drug attorney Daniel Stockmann for guidance. He has had over a decade of experience and successes in many cases, due to his extensive knowledge, particularly on cannabis laws in Nebraska and throughout the country. Though Nebraska has not yet reached the point of legalization, understanding the laws on cannabis and staying up to date with the changing policies is important. Nebraska’s best Omaha drug attorney can help. Fill out the free case evaluation form on this page for more information or call (844) 906-0641 today.