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
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
SB 420 / Senate Bill 420 Cannabis collective defense;
AB266 / 243 Collective defense ends in 2019
SB 2679 Interim extraction licenses through 2019
Summary: In 2003 the California legislature (SB420) created a limited collective defense allowing patients to grow, furnish or sell medical marijuana to one another in HS 11362.775. In 2015, it amended the program (AB243), creating a legal licensing scheme and terminating that defense effective in 2019.
In 2008 the courts (People v Bergen) ruled that this defense does not apply to the use of chemical extraction in HS 11379. In 2016, the legislature (AB2679) amended to HS11362.775, adding a provision to allow local governments to license collectives to make chemical extracts.
The Adult Use of Marijuana Act
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.
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
Proposition 64 Section 8. CRIMINAL OFFENSES, RECORDS, AND RESENTENCING.
This section of the Adult Use of Marijuana Act 2016 does not repeal the current criminal penalties on marijuana but it adjusts 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.