The Latest News, Posts, Articles, and Media Appearances from Tully & Weiss

Forget Roses for Valentine’s Day – Give Cannabis Instead

Posted by Joseph Tully | Feb 02, 2019

Disclaimer: The legal information below is meant specifically for those living in California under California Laws. These statements are accurate at the post date but may change as time goes on. Please always research and understand the recreational pot regulations and consume responsibly/legally. Tully & Weiss offers this information as a suggested guideline and is not responsible for the misuse of this information.


Valentine's Day is fast approaching, and if you'd like to take a different approach with your friends, family or loved ones this year besides the usual flowers, consider cannabis — just make sure you follow all the rules concerning legal weed. We've listed the main laws you need to consider and some additional gift ideas.

Cannabis Laws

Although cannabis is legal in California, there are still plenty of regulations regarding its use. Similar to alcohol, you cannot gift/buy cannabis for anyone under 21. While pot may be legal at the State level, make sure the recipient's employer doesn't have strict policies on cannabis consumption outside of work – you don't want to get any loved ones fired!

After all, even if toking doesn't go on during office hours, keep in mind that marijuana can stay in the bloodstream for weeks. Since you're likely to share your gift, just as you would a bottle of wine, also check your employer's position on cannabis and understand the same for the object of your affection's workplace.

Another caveat: Anyone with court-imposed conditions, such as probation, may not be allowed to use cannabis.

Where You Can Indulge

It's one thing if you want to enjoy cannabis in your home or that of your Valentine. Outside of those boundaries, where you can use marijuana is limited. As a general rule, if you are permitted to have both a cigarette and an alcoholic beverage in an area available to the public, you can also use cannabis.

When it comes to open container laws, that doesn't leave you with a lot of options, and whatever you do, don't indulge near a school.

Weed Transportation

Just as with alcohol, think carefully when transporting cannabis. You can't have an open can of beer or bottle of whiskey in your vehicle, and you also can't have an open bag of cannabis.

Your best bet is placing your weed in the trunk so there is no question you had no access to it. Similar to alcohol, you cannot drive under the influence of cannabis.

If you're fond of edibles, keep in mind there is usually a delayed effect. Don't use cannabis butter on your pancakes and decide to drive somewhere 10 minutes later because you don't feel high. That can quickly change once you're behind the wheel.

Legal Limits

It's critical to understand how much cannabis you can legally possess in California, whether you're traveling or gifting. Under California law, you are allowed to possess 28.5 grams, or one ounce, of cannabis flower, and no more than 8 grams of cannabis concentrate.

That's in total, so if you've made up gift packages for friends, don't exceed the limit. Otherwise, if the police stop you, you may find yourself under arrest and your expensive presents seized. For best results, weigh your weed if you think there's a chance you could exceed legal levels.

If you're dealing with edibles, read the labels carefully. They will include the concentrate amounts.

Cannabis Gift Ideas

Perhaps someone will experience great delight when given a baggie with weed in it, but most people want a more romantic gesture for Valentine's Day. Attractively packaged edibles + supplemental gifts are always a good idea.

Here are a few favorites from our team:




One last note. If you're giving cannabis for Valentine's Day, give a classic gift like chocolate along with it. You know why – nothing helps you appreciate fine chocolate like a little weed beforehand.

About the Author

Joseph Tully

Founding Partner, Criminal Law Specialist Our founding attorney, Joseph Tully, is sought out for his expert legal advice throughout California. With over 20 years of experience as a criminal lawyer, in 1000+ felony and other cases, Tully served as felony trial counsel as a public defender before...