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What are the consequences if I smoke marijuana at home and I do not have medical permit to do so.

Los Angeles, CA |

If my neighbor calls cops on me, can they do anything to me?

And what would be the consequences if I got caught again?

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Attorney answers 4

Best Answer

THis depends on other factors than mere smoking. For example, how much do you have in your home, are you cultivating any plants, if so how many, do you have scales for weighing mj, are there other indicia of sales (buy-owe sheets, large amounts of cash). If you have less than 1 ounce and smoke recreationaly you should be all right. You could get hassled but if this is all you've got and use, John Law will figure it out and maybe give you a ticket but otherwise leave you alone.


I agree with Mr. Kaman. Unless you are selling or have over 1 ounce you would be looking at an infraction and depending on where you are in LA maybe just a warning.
Robert Driessen

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at


If you have less than 28.5 grams, then its likely you are looking at an infraction. However, there are many factors involved such as weight, number of plants, baggies, cell phones, scales, etc, which would make it more than an infraction.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


Everything my colleagues said about the law are spot on. Now just use some common sense. If you have only enough for personal use and arent growing or selling, relax. If you have an uptight neighbor and police are called do not let them in your house without a warrant. The reality is that LAPD does not have the time or resources to bust people at home smoking pot. Why not just a prescription and stop worrying.

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