Prop 64 Content
California Legislative Analyst's Office, the measure changes California law to legalize the possession, cultivation, and sale of marijuana. Individuals over age 21 are allowed to possess, cultivate and sell marijuana; the state regulates commercial activities related to commerce for recreational use; a 15% excise tax and an additional $9.25 per ounce of flower or $2.75 per ounce of leaf will be collected; and possession and cultivation of certain amounts for personal use is legalized statewide.
The Adult Use of Marijuana Act (AUMA) (Proposition 64) provides an array of opportunities ranging from economic stimulation of several markets and industries to financial relief of the criminal justice system, which are over-burdened with backlogged and pending cases for non-violent cannabis offenders.
Under Prop 64, new state regulation laws will require stringent product development systems to establish distributional industry standards regarding testing, packaging and labeling.
Prop 64's new state regulations provide a platform for a fully transparent, highly efficient seed-to-sale tracking system through the newly created State Regulatory Agency—the Bureau of Marijuana Control—formerly known as the Bureau of Medical Cannabis Regulation.
Additionally, the Medical Marijuana Industry will be regulated by several other state agencies: the
California Department of Food and Agriculture (to license and regulate marijuana cultivation); the
California Department of Public Health (to license and monitor manufacturing of marijuana edibles); the
California State Water Resources Control Board (to "regulate the environmental impacts of marijuana growing on water quality"); the
California Department of Fish and Wildlife (to regulate cultivation-related impacts on local environments); and the
California Department of Pesticide Regulation (to regulate nutrients and pesticides utilized for marijuana cultivation).
AUMA allows adults to possess up to an ounce of marijuana. Adults are also allowed to cultivate up to six marijuana plants inside their homes. Marijuana packaging is now required to provide the net weight, origin, age, and type of the product, as well as the milligram amount per serving of
cannabidiol, and other
cannabinoids, and if any pesticides were used during cultivation.
Smoking marijuana in public is subject to a $100 fine.
Driving under the influence of marijuana remains illegal, although some
California Highway Patrol officers are concerned that they will be unable to identify intoxicated drivers.The penalty for unlicensed sale of marijuana is now reduced from four years in state prison to six months in county jail.
Revenue paid into the new California Marijuana Tax Fund will allocate 60% of outflows to youth programs, 20% to environmental damage cleanup, and 20% to public safety. Businesses selling marijuana require a license from the state-level Bureau of Marijuana Control, and local governments decide permits for businesses to allow on-site consumption. Marijuana shops are prohibited from the sale or consumption of alcohol or tobacco. Recreational marijuana shops began to open in January 2018, with many districts beginning recreational sales on the first or fifth of January 2018. Local governments are allowed to completely ban marijuana-related businesses.