Summary of California’s new marijuana laws

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

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Learn more about Proposition 64 by reviewing this link.

These counties voted Yes on Proposition 64

View a chart showing county by county election returns. Prop. 64 results are on pages 74 – 76.

Hash oil, BHO, chemical solvent extraction laws

Solvent extracts and concentrates are covered by a number of California laws and case law.

Propositions 215 and 64 both included extracts but did not remove cannabis from the controlled substances list.  The Health and Safety Code 11379.6 “Meth House” statute, below, includes cannabis because it is on the list of substances in HS 11054, but since 2015 HS 11379.6(d) specifically mentions cannabis extraction. For many years that has meant BHO was legal to possess but not to make. The People v Bergen decision held that it is the process, not the product, that is banned. People v Luna established the prosecutor’s burden of proof. When the legislature passed MCRSA, the medical marijuana regulations, it included a license to make volatile extracts. The following year, a provision was added to HS 11362.775 for an interim local license before the MCRSA licenses issue. Prop. 64 mirrors that licensing process for nonmedical use and modified the legal issues on extraction by including in HS 11362.3(a)(6) the term “volatile” rather than simply “chemical extraction.”   Continue reading Hash oil, BHO, chemical solvent extraction laws

California: Personal Adult Use of Marijuana

Proposition 64 Section 4. PERSONAL USE.

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

Criminal justice reform in O.C. Register report 2016

Life in prison for pot?
If Prop. 64 passes, that could change

By BROOKE EDWARDS STAGGS / STAFF WRITER

One million people convicted of marijuana-related misdemeanors and felonies could petition to have their records changed or cleared, the nonprofit organization estimates. That would give them wider access to jobs, housing and other services that are currently out of reach.

“The criminal code changes are so profound that, even if I didn’t like other things in the initiative, I would vote for it just for that,” said Chris Conrad, a longtime marijuana activist who’s backing Prop. 64 even as many friends in the medical cannabis community remain divided over the measure.

But law enforcement could no longer use the smell of marijuana, or the presence of paraphernalia, as a basis for broader searches.

Conrad, who has served as an expert witness in some 2,500 marijuana-related cases, said removing weed as probable cause will eliminate a common point of contact with police that often escalates into something more serious.

“Out of all the court cases I have been involved with, probably 50 percent start off with cops saying they smell marijuana,” he said.

Read the whole article online at ocRegister.com.

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

The Adult Use of Marijuana Act

Official AUMA 2016 Campaign Website
Friends of AUMA 2016 Website
Compare current penalties to AUMA legalization
Learn what AUMA does and how it works for Californians
Drug Policy Action supports AUMA

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 equal to 15% of sales price, and state cultivation taxes on marijuana of $9.25 per ounce of flowers and $2.75 per ounce of leaves. Exempts medical marijuana from some taxation. Establishes packaging, labeling, advertising, and marketing standards and restrictions for marijuana products. Allows local regulation and taxation of marijuana. Prohibits marketing and advertising marijuana to minors. Authorizes resentencing and destruction of records for prior marijuana convictions.

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

Cannabis Radio interview with Vivian McPeak 2016

Hempresent Radio: Seattle Hempfest’s own Vivian McPeak interviews California activist Chris Conrad on why he is supporting Proposition 64, the Adult Use of Marijuan Act. Click here to listen in.

Prop. 64. Adult Use of Marijuana Act Explained

Review, explanation and analysis

By Chris Conrad, with Mikki Norris, Lauren Vazquez and assorted other attorneys and experts on the initiative.  © Drug Policy Action, 2016

This document explains the structure and functions of the proposed Adult Use of Marijuana Act (signatures turned in May 4, 2016 no ballot number assigned yet.)

Download a PDF of the original Powerpoint presentation

It begins with a brief history of the legalization process in California and the US, followed by an overview of the initiative, how it interfaces with medical marijuana laws, newly legal activities, commercial regulation, enforcement penalties, taxes, disbursements social justice aspects and AUMA’s importance going forth from here.

Continue reading Prop. 64. Adult Use of Marijuana Act Explained

How much California cannabis can you grow without a license?

California businesses have three options currently: 1) SB 420 patient collective defense until 2019; 2) MCRSA medical marijuana licenses available in 2018; 3) AUMA (Prop. 64 nonmedical licenses available as provisional licenses now or with state licenses beginning in 2018.

California adults also have four choices as to how to legally grow marijuana for personal use or sharing without getting a state license. These gardens must be noncommercial and can be grown for nonmedical personal use and sharing or it can be following one of three medical marijuana protocols as discussed below.  Continue reading How much California cannabis can you grow without a license?

AUMA 2016, Prop. 64: Structural components, modification

The Adult Use of Marijuana Act of 2016

This section includes the structural aspects of AUMA, such as its Title and Summary • Legislative Analyst’s Report • Findings and Declarations • Intent and Purposes • Amendment and Repeal • Construction and Interpretation • Severability • Conflicts with Other Initiatives

Continue reading AUMA 2016, Prop. 64: Structural components, modification

AUMA 2016, Prop. 64: Personal Adult Use of Marijuana

Proposition 64. Section 4. PERSONAL USE.

The personal adult use section of the AUMA initiative establishes the parameters of legal use and responsible behavior, including: Legal adult use one ounce of marijuana and eight grams of concentrate, Home gardens, Grow six plants and keep or give away the harvest, No local bans on possession, sharing or discrete, enclosed gardens, Lawful amounts not basis for search or seizure, Responsible public behavior, Medical Marijuana exemptions, Infractions and tickets, Open container rule, Marijuana DUI, Age of Consent at 21 Years, Impairment issues, Workplace, Property rights, Medical Marijuana exemption

Continue reading AUMA 2016, Prop. 64: Personal Adult Use of Marijuana