More details to this question:
I am trying to find out what the legalities are with respects to being able to smoke marijuana in a C2 ZONED building, store front. I would like to know which approach would make it legal to be able to smoke marijuana in a building, for business purposes. 1, would I have to sell it then let my clients smoke it 2, what if I didn't sell it but let someone bring in their buds and allow them to smoke it and charge a fee 3, what if I was to offer a spiritual service that "included" the buds and then they smoked. is any of this legal ? thanks for your help.
1 ANSWER
Even though medical use of marijuana by persons with a medical clearance for such use may be legal under California law, under federal law, even mere possession and personal use of marijuana is a federal felony. Distribution, whether or not for sale, is subject to even more severe punishment.
Even under California law, each of your clients or patients must already have a medical clearance.
Under the California Rules of Professional Conduct and the American Bar Association Model Rules of Conduct for lawyers, it is unethical for a lawyer to advise a person regarding illegal activity.
In California, smoking indoors is prohibited. Most C2 buildings and store fronts share a common heating, ventilation and air-conditioning system of ducts and vents. That means that the air is circulated and exchanged between suites. That means that what you smoke in your suite gets blown into your neighbors' suites. That's why indoor smoking is illegal.
Dana Sack
510-286-2200
Answered on May 29th, 2015 at 1:26 PM