California Proposition 64 (2016):
The Adult Use of Marijuana Act
The initiative passed Nov. 8, 2016 with 57.2% of the vote. The chart below shows how the ballot measure changed the State’s Health and Safety Code.
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
Proposition 64 Section 8. CRIMINAL OFFENSES, RECORDS, AND RESENTENCING.
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.
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
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.
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.
Chris Conrad explains how Proposition 64, The Adult Use of Marijuana Act of 2016, will protect medical marijuana patients.