A Guide to Proposition 64
Thanks to a growing support for marijuana legalization across the nation, California became the 10th state to legalize recreational marijuana in November 2016 with the passing of Proposition 64. The new Medicinal and Adult Use Cannabis Regulation and Safety Act (MAUCRSA) supplants prior legislation regarding The Medical Marijuana Regulation and Safety Act (MCRSA) and the Adult Use of Marijuana Act (AUMA, also known as Proposition 64), making marijuana legal for all adult California residents over the age of 21 to use for both recreational and medical purposes.
To help navigate these legal changes, we have compiled a list of Frequently Asked Questions to assist you in understanding the new guidelines set in place by Proposition 64. This list will cover the basics of Proposition 64 and answer other common questions regarding the new legislation that went into full effect on January 1, 2018.
What is Proposition 64?
Proposition 64, also known as the Adult Use of Marijuana Act (AUMA), is the name of the body of legislation that called for legalizing marijuana for adults 21 and older, approved by over 57% of California’s voting residents in the November 8, 2016 election. Under Proposition 64, smoking would be permitted in private residences or at businesses licensed for on-site marijuana consumption. This supports additional legislation regarding medical marijuana, which was legalized in California in 1996.
The entirety of Proposition 64 can be viewed here, with detailed information on every aspect of marijuana legality in California. For additional information, an experienced attorney like Amy Chapman is an excellent resource to consult to ensure that an infraction or misdemeanor is not given for improper conduct under Proposition 64.
Can I still receive a marijuana infraction or misdemeanor after Proposition 64?
Yes. There are still limitations to the use of recreational marijuana that must be considered before the purchase, consumption, or distribution of marijuana products. These include:
- Possessing, transporting, purchasing, obtaining or giving away no more than one ounce of cannabis or 8 grams of concentrated cannabis;
- Cultivating, possessing, planting, harvesting, drying or processing more than six live marijuana plants per residence at a time, subject to local government regulation;
- Smoking, vaporizing or ingesting cannabis/cannabis products in a public place;
- Smoking or vaporizing cannabis in a non-smoking area, OR within 1000 feet of a school, day care, or youth center while children are present, except privately in a residence;
- Consuming cannabis or possessing an “open container” while driving or riding as a passenger in any motor vehicle, boat, or airplane, except in specifically licensed commercial vehicles, without children present;
- Possessing or using cannabis on school grounds, at a day care or a youth center while children are present;
- Manufacturing concentrated cannabis with a volatile solvent (such as explosive butane), except for state-license manufacturers.
It is important to note that under Proposition 64, employers and landlords still maintain the right to maintain a drug-free workplace or place of residency on their own private property. Consult your place of employment or landlord/residency group for more information on their individual policies regarding marijuana usage if you have additional questions.
Where can I purchase recreational marijuana?
As outlined by Proposition 64, the first licensed dispensaries began selling recreational marijuana and cannabis products on January 1, 2018. A list of recreational cannabis dispensaries licensed by the state of California’s Cannabis Control Board can be found here.
Can I purchase marijuana or concentrated cannabis from a friend?
No. It is against the law for any business or individual to sell marijuana for recreational purposes without proper licensing. However, under Proposition 64, it is permissible to “share” marijuana and marijuana-infused products so long as a transaction does not occur and the amount does not exceed either 1 ounce of marijuana or 8 grams of concentrated cannabis.
Now that marijuana is legal in the state of California, can I still be terminated after a workplace drug test?
Yes. While the use of recreational marijuana has been legalized for private consumption, Proposition 64 does not infringe upon an employer’s right to enforce and maintain a “zero-tolerance” drug policy. There is ongoing debate as to the legality of zero-tolerance drug policies specifically regarding patients who are prescribed medicinal marijuana, but it is currently at an employer’s discretion to determine workplace tolerance for marijuana.
I have received a marijuana-related infraction, misdemeanor, or felony prior to Proposition 64. How does this affect my criminal record?
Thanks to guidelines outlined by Proposition 64, you may now be eligible for a retroactive resentencing of previous marijuana convictions. Under Proposition 64, retroactive resentencing affects the following sentences:
Eligible for Dismissal
- Possession of less than 1 ounce of marijuana OR 8 grams of concentrated cannabis;
- Growing for personal use under 1 ounce;
- Transportation of less than 1 ounce of marijuana OR 8 grams of concentrated cannabis.
Eligible for Reduction to an Infraction
- Cultivation of 6 or less plants at home, but in public view OR not locked;
- Using marijuana in public;
- Possessing an open (i.e. unsealed, non-medical) container of marijuana in a vehicle;
- Using marijuana while driving OR while a passenger in a vehicle.
Eligible for Reduction to a Misdemeanor
- Cultivation of more than 6 plants;
- Possession of marijuana with the intent to sell;
- Sales or transportation of marijuana.
Not eligible for Reduction or Dismissal
- Possession of more than 1 ounce of marijuana OR more than 8 grams of concentrate (still a misdemeanor);
- Maintaining a place for the sales, use, manufacturing, or storing of controlled substances.
- Making marijuana-infused products with volatile solvents, such as butane or honey oil hash.
If you believe you are eligible for a marijuana resentencing, it is important to know your rights before, during, and after the formal petitioning process occurs. The Law Office of Amy Chapman is here with you to see your previous marijuana sentences reduced or expunged from your record, and offers free consultations to help discuss your case and determine a course of action.
I am currently prescribed medicinal marijuana by a doctor. How does Proposition 64 affect me?
For the time being, eligibility requirements have not changed for a person to receive a medical marijuana recommendation from a licensed doctor. Qualified patients will receive the following benefits, in addition to the recreational benefits outlined by Proposition 64:
- Access to more dispensaries than the general public;
- Greatly reduced (or eliminated) sales taxes;
- Increased possession and plant-growing limits (subject to local ordinance);
- Increased strength in topical and edible marijuana products (until July 1, 2018).
For more information regarding the changes brought forth by Proposition 64, an experienced attorney can help. Contact Amy Chapman for any questions regarding recreational or medical marijuana legislation or Proposition 64 today.