Proposition 64

Proposition 64

RC Phillips, DDA (Ret.)
October, 2021

1.  Overview

Proposition 64 has made marijuana regulation under California law look a lot like alcohol regulation.  Effective immediately, adults over 21 can possess up to an ounce of marijuana or 4 grams of concentrated cannabis.  Adults can grow up to 6 plants.  Adults can legally smoke or ingest marijuana in private or in licensed establishments.  Adults can give marijuana to other adults, but they cannot sell it without a license.  As with alcohol, adults cannot use marijuana and drive, or have open containers in their cars.  As with alcohol, persons under 21 cannot use or possess marijuana. 

It is illegal to grow, process, sell or transport marijuana without a license.  Under Proposition 64, however, the state will not begin to issue licenses for production, sale, or on-site consumption until 2018.  This means that despite the passage of proposition 64, for the next year it will still be a crime to possess, sell or grow more than the legal limit of marijuana. 

Beginning in 2018, the control of marijuana production and sale will fall to various state agencies, including the newly created Bureau of Marijuana Control which will oversee the licensing, taxation, and commercial operation of commercial marijuana in California.  The goal of Proposition 64 is to put marijuana into the same state of regulation as alcohol.  By regulating marijuana, the initiative strives to reduce serious problems involved with illegal marijuana sales such as accessibility of marijuana to minors, environmental damage caused by marijuana production, violence involved in marijuana robberies, and the dangers of driving under the influence of marijuana.  The regulation and research of these issues will be funded by licensing fees and excise taxes on marijuana.

Proposition 64 does not change current laws about medical marijuana use.  However, as Prop. 64 takes effect, it will probably reduce the demand for ....

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