Category Archives: Prop. 64: Adult Use of Marijuana Act 2016

AUMA 2016 Downloads

  1. What is our path forward now that it’s legalized? (PDF)
  2. What is our path forward now that it’s legal?
    (Quicktime movie, use space bar to pause when reading)
  3. Proposition 64 explained, PowerPoint presentation (PDF)
  4. Proposition 64 initiative, overview flyer (PDF)
  5. Proposition 64 chart, previous penalties vs AUMA reforms (PDF)
  6. How to get your record cleared or sentence reduced
An initiative measure approved by a majority vote takes effect the day after the election, unless the initiative measure provides otherwise. (Cal. Const., art. II, § 10(a).) Prop. 64 has parts that were immediately effective, parts that are retroactive and parts that will phase in over the next ten years.

Slow Arc of Legalization

By Mikki Norris at MerryJane.com

When my husband, Chris Conrad, and I became cannabis activists in 1988, it was the height of Reagan’s “Just Say No” and zero tolerance era. The Anti-Drug Abuse Act of 1986 enacted mandatory minimum sentences for drugs, so the arrest and incarceration rates were starting to amp up, and people who enjoyed pot were heading back into the cannabis closet.

Chris was at an election victory party for insurance reform the night George H. W. Bush won office. Smoking a celebratory joint in the parking lot with his political allies, Chris announced that it was time to do something about the marijuana laws. He felt it unfair that responsible pot smokers were, literally, being kept out in the cold. They stood in the November night, vulnerable to arrest, while their colleagues were indoors freely drinking alcohol. Feeling inspired by the injustice of the situation, he asked everyone to join him in a quick campaign for marijuana legalization.

“Are you crazy?” they retorted. “You will lose all credibility and destroy your reputation. Marijuana will never be legal. It can’t be done.”

Chris took that as a personal challenge and bet that he could make and implement a successful plan. Within weeks, he formulated and launched the Business Alliance for Commerce in Hemp (BACH) as a five-year strategy to legalize marijuana in North America. At the time, there were no hemp businesses except hemp birdseed and twine. BACH’s goal was to restore the perception of hemp for industrial use, allow medical marijuana, legalize personal adult-use and home grows, and regulate the commercial cannabis market.

Article continues at MerryJane.com

Solvent extraction definition better but not fixed

Honey oil, hash oil and solvent extract are all legal for adults and qualified patients to possess in California. The state’s solvent extraction ban, Health and Safety Code 11379.6, was originally written to prevent methamphetamine production. It is the process that is banned, not the product or its consumption.

Health and Safety Code 11379.6, People v. Bergen 

The broad language of the law has plagued people who try to use safe extraction methods like closed loop solvent extraction, CO2 and even alcohol-evaporative concentrates. This is due to the definition in the law.

Legislation has improved this definition, fortunately, in Proposition 64 voter initiative and Senate Bill 94, and it now reads: 

11362.3. (b) (3) “Volatile solvent” means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.

We expect that home extraction labs will fade away as commercial production and access become more available, but there will always be a few people who can’t learn from others’ mistakes. Be on the watch for more efforts to go after butane supplies

Here is a link to a list of solvent flash points and boiling temperatures

Marijuana should be removed from the controlled substances list 

The real problem is that keeping cannabis in the controlled substances list ties it to the extraction penalties for more toxic and dangerous processes. The real solution is to remove cannabis from the list and treat extraction as a commercial enterprise and set safety standards for home production. 

 

Summary of California’s new marijuana laws

Effective November 9, 2016:
Here are California’s adult use marijuana laws

prop64newlawschartcrop

Learn more about Proposition 64 by reviewing this link. Continue reading Summary of California’s new marijuana laws

Prop. 64: Criminal penalty reductions, social justice

Proposition 64 Section 8. CRIMINAL OFFENSES, RECORDS, AND RESENTENCING.

Chris Conrad, Friends of Prop 64 victory party
Chris Conrad celebrates the passage of Prop. 64 with Friends of Prop 64 on election night, 2016.

The Adult Use of Marijuana Act 2016 did not repeal all the previous criminal penalties on marijuana but adjusted them downward and allows for more social justice. This section describes the remaining criminal penalties, downward resentencing for people with priors, destruction and expungement of records, early release from incarceration and juvenile justice.

Continue reading Prop. 64: Criminal penalty reductions, social justice

California: Personal Adult Use of Marijuana

Proposition 64 Section 4. PERSONAL USE.

Ashtray joint roach personal smoke toke leaf

The personal adult use section of the Adult Use of Marijuana Act 2016 (AUMA) initiative defines marijuana, legalizes it and establishes parameters for lawful use and responsible behavior. Age of consent at 21 years includes Legal adult use one ounce of marijuana and eight grams of concentrate, Grow six plants per residence and keep or give away the harvest, Lawful amounts not basis for search or seizure, No local bans on possession, sharing or discrete, enclosed gardens, Medical Marijuana exemptions. Responsible public behavior includes Open container rule, Marijuana DUI, Impairment issues, Workplace, Property rights, Infractions and tickets, Medical Marijuana exemption. Criminal statutes in Section 8. Continue reading California: Personal Adult Use of Marijuana

California industrial hemp laws

Proposition 64 Section 9. INDUSTRIAL HEMP.

This section of the Adult Use of Marijuana Act (AUMA) provides for the production and processing of industrial hemp as a small scale to large scale agricultural crop and manufacturing resource. It allows for more groups to conduct research and allows smaller projects down to 1/10 of an acre plots (formerly 2-5 acres minimum).

It amends the Health and Safety Code and the Food and Agricultural Codes, as follow:  Continue reading California industrial hemp laws

Prop. 64: Full text of the initiative passed by voters

The Adult Use of Marijuana Act

Official AUMA 2016 Campaign Website

Friends of AUMA

Compare previous penalties to AUMA legalization

What AUMA does and how it works

Drug Policy Action

The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure:

MARIJUANA LEGALIZATION. INITIATIVE STATUTE. Legalizes marijuana and hemp under state law. Designates state agencies to license and regulate marijuana industry. Imposes state excise tax on retail sales of marijuana Continue reading Prop. 64: Full text of the initiative passed by voters