Prop 64 legalized the recreational use of marijuana for adults aged 21 years or older. Smoking was permitted in a private home or at a business licensed for on-site marijuana consumption. Smoking remains illegal while driving a vehicle, anywhere smoking tobacco is, and in all public places. Up to 28.5 grams of marijuana and 8 grams of concentrated marijuana are legal to possess. However, possession on the grounds of a school, day care center, or youth center while children are present remains illegal. An individual is permitted to grow up to six plants within a private home, as long as the area is locked and not visible from a public place.
To sell marijuana for recreational use, businesses need to acquire a state license Available 1/1/2018. Local governments can also require them to obtain a local license. Businesses are not be authorized to sell within 600 feet of a school, day care center, or youth center. The initiative also prevents licenses for large-scale marijuana businesses for five years in order to prevent “unlawful monopoly power.”
The Bureau of Medical Cannabis Regulation was renamed the Bureau of Marijuana Control. It is responsible for regulating and licensing marijuana businesses.
Counties and municipalities have been empowered to restrict where marijuana businesses could be located. Local governments can also completely ban the sale of marijuana from their jurisdictions.
Proposition 64 created two new taxes on marijuana. One is be a cultivation tax of $9.25 per ounce for flowers and $2.75 per ounce for leaves, with exceptions for certain medical marijuana sales and cultivation. The second is a 15 percent tax on the retail price of marijuana. Taxes will be adjusted for inflation starting in 2020,
Local governments have been authorized to levy taxes on marijuana as well.
Revenue from the two taxes will be deposited in a new California Marijuana Tax Fund. First, the revenue will be used to cover costs of administrating and enforcing the measure. Next, it will be distributed to drug research, treatment, and enforcement, including:
The remaining revenue will be distributed as follows:
Individuals under age 18 convicted of marijuana use or possession are required to attend drug education or a counseling program and complete community service. Selling marijuana without a license is punishable by up to six months in a county jail, a fine up to $500, or both.
With Proposition 64’s approval, individuals serving criminal sentences for activities made legal under the measure are eligible for resentencing.
The long-form ballot summary was as follows
The shorter ballot label summary was as follows:
|“||Legalizes marijuana under state law, for use by adults 21 or older. Imposes state taxes on sales and cultivation. Provides for industry licensing and establishes standards for marijuana products. Allows local regulation and taxation. Fiscal Impact: Additional tax revenues ranging from high hundreds of millions of dollars to over $1 billion annually, mostly dedicated to specific purposes. Reduced criminal justice costs of tens of millions of dollars annually.||”|
The long-form, official ballot summary for Proposition 64 was changed from the initial summary provided to initiative proponents for the purpose of circulating the initiative for signature collection. The original summary provided for inclusion on signature petition sheets was:
|“||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.||”|
|The size of the measure’s fiscal effects could vary significantly depending on:
(1) how state and local governments choose to regulate and tax marijuana,
(2) whether the federal government enforces federal laws prohibiting marijuana, and
(3) how marijuana prices and consumption change under the measure.
Proposition 64 is the consensus measure based on recognized best practices to control, regulate and tax responsible adult use, sale and cultivation of marijuana in California.
To safeguard children, Prop 64 proposes the toughest regulations of any adult-use marijuana initiative anywhere in the nation. The rules are designed to ensure that marijuana is not advertised or marketed to children, and that children cannot access marijuana through an illicit market. After all, drug dealers don’t check IDs, and can sell marijuana laced with dangerous drugs and chemicals.
Here are Prop 64’s regulations to keep marijuana away from children:
To give children the tools to stay safe and healthy, Prop 64 will fund reliable drug education, prevention and treatment programs aimed at teens, including afterschool programs that help kids stay in school. These programs represent a strong investment for public health in California, and will fill a void in schools and communities by funding real efforts to combat all substance abuse. Prop 64 generates up to $1 billion in new tax revenue annually, with a majority of funds going to these programs.
“This measure implements the toughest child safeguards in the nation and dedicates a majority of the revenues from new marijuana taxes to important public health, education and prevention programs focused on kids.” – Marsha Rosenbaum, PhD, Co-Chair, Youth Education and Prevention Working Group, Blue Ribbon Commission on Marijuana Policy
“It is ultimately better for public health, for law and order and for society if marijuana is a legal, regulated and controlled product for adults.” – Los Angeles Times Editorial, “It’s Time to Legalize Marijuana in California. Yes on Proposition 64.” September 16, 2016
California Lieutenant Governor Gavin Newsom
“Today, the largest coalition ever formed to support marijuana reform has filed the signatures to qualify the most thoughtful marijuana policy in the nation – with the strictest child protections and billions in new revenue for important programs such as public safety.”
U.S. Rep. Dana Rohrabacher (R-Costa Mesa)
“Our current marijuana laws have undermined many of the things conservatives hold dear – individual freedom, limited government and the right to privacy. This measure is a necessary reform which will end the failed system of marijuana prohibition in our state, provide California law enforcement the resources it needs to redouble its focus on serious crimes while providing a policy blueprint for other states to follow.”
Los Angeles Times
“EDITORIAL: It’s time to legalize and regulate marijuana in California. Yes on Proposition 64….By sending mixed messages, the federal government has effectively ceded its role and left it to states to create a new national marijuana policy that legalizes marijuana with minimal harm and meaningful protections. Proposition 64 is California’s attempt to do just that. The Times urges a “yes” vote.”
Alice Huffman, President, California NAACP
“Reforming our marijuana laws is an important civil rights issue. The current system is counterproductive, financially wasteful and racially biased — and the people of California want it to be fixed. This measure will ensure that California is not unjustly criminalizing responsible adults while ensuring that our children and our communities are protected and vital state and local services are funded.”
Marsha Rosenbaum, Director Emerita, Drug Policy Alliance & Co-Chair, Youth Education and Prevention Working Group, Blue Ribbon Commission on Marijuana Policy On Prop 64
“AUMA recognizes that the failed marijuana policies have not kept kids safe. This measure implements the toughest child safeguards in the nation and dedicates a majority of the revenues from new marijuana taxes to important public health, education and prevention programs focused on kids.”
Antonio Gonzalez, President, Southwest Voter Education Project
“The Adult Use of Marijuana Act will be a leading priority for California’s Latino community so we can end the disproportionate harm to our young people and separation of families caused by prohibition.”
Dr. Donald I. Abrams, Chief, Hematology-Oncology Division at San Francisco General Hospital and Professor of Clinical Medicine, UCSF on Prop 64
“This measure is first and foremost a public health measure. It will fundamentally change California’s approach to dealing with marijuana, generating necessary resources to improve public health, allowing for more clinical research, and strengthening the physician-patient relationship.”
Stephen Downing, former Los Angeles Police Department (LAPD) Deputy Chief, 21-year law enforcement veteran on Prop 64
“The Adult Use of Marijuana Act ends the failed and wasteful policy of prohibition in California and provides state and local law enforcement the tools they need to focus on real crimes and protect the public safety. Based on my decades of law enforcement experience, I believe the Adult Use of Marijuana Act will make California’s communities safer.”
Michael Sutton, former President of the California Fish and Game Commission, former Vice President of National Audubon Society and measure co-proponent on Prop 64
“This measure contains important environmental provisions that protect our public lands and waterways which have been ravaged by the impacts of illegal marijuana gardens. New revenues dedicated specifically to environmental protection will allow California to begin restoring the damage that has been done by illicit grows and keep our water and public lands protected.”
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