Chris Conrad explains how Proposition 64, The Adult Use of Marijuana Act of 2016, will protect medical marijuana patients.
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.)
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.
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?
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
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.
Proposition 64 Section 6. MARIJUANA REGULATION AND SAFETY.
This section deals with the commercial regulation aspects including Definitions, Administration, Advisory committee, Enforcement, Licenses, Labeling requirements, Lab testing, Local regulation, Anti-monopoly / anti-price fixing, Renames bureau.
Proposition 64 Section 5. USE OF MARIJUANA FOR MEDICAL PURPOSES.
The Adult Use of Marijuana Act (AUMA) retains the following state laws: Prop 215 Compassionate Use Act, HS 11362.5; AB 243 & 266, SB 643 MMRSA Medical Marijuana Regulation and Safety Act, Business and Health and Safety Codes; SB 420 Medical Marijuana Program Act, HS 11362.7 et seq., as amended by MMRSA. The statewide immunity on collective defense will expire in 2018, whether or not the AUMA initiative passes. In addition, AUMA provides for expanded privacy rights, more affordable state ID cards, protects custodial rights, allows for repeal of prohibition laws.
Proposition 64 Section 7. MARIJUANA TAX.
This section sets the taxes on commercial marijuana production and organizes its distribution and oversight, including: Excise tax of 15% on retail cost, Production tax $9.25 per ounce of flowers or $2.75 per ounce of leaf, Assessment of taxes, Inspections and accounting, Review, California Marijuana Tax Fund, Disbursements, Community grants, Youth programs and job creation Continue reading AUMA 2016, Prop. 64: Marijuana tax and use of funds
SECTION 9. INDUSTRIAL HEMP.
This section 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).