CALIFORNIA PROPOSITION 64 Control, Regulate and Tax Adult Use of Marijuana Act ADULT USE OF MARIJUANA ACT (UAMA)


    As Noted on Post.Ca.Gov (Commission on Peace Officer Standards and Training):
    “On November 8, 2016, the majority of California voters passed Proposition 64 – The Control, Regulate and Tax Adult Use of Marijuana Act (Prop 64). The proposition becomes law

    immediately. California now joins several states including Washington, Oregon, and Colorado where the personal possession and use of marijuana is decriminalized. Prop 64 permits adults 21 years of age and over to possess and grow specified amounts of marijuana for recreational use. Prop 64 does not alter the Compassionate Use Act (Prop 215) or the Medical Marijuana Regulation and Safety Act (MMRSA).
    Prop 64 added and amended sections to the Penal Code, Business and Professions Code, Health and Safety Code, and the Revenue and Taxation Code. These changes will have an impact on enforcement decisions by California peace officers and prosecutors. Possession of recreational marijuana will still be a crime if in violation of one of the newly added Health and Safety Code Sections, but the penalties have been reduced.
    Pursuant to Health and Safety Code Section 11362.1(c), marijuana and its products involved in any way with conduct deemed lawful by this section are not contraband and not subject to seizure. Additionally, conduct deemed lawful by this section cannot constitute a basis for detention, search, or arrest.
    Prop 64 does not amend code sections pertaining to the sale of marijuana to minors, the employment of minors to sell marijuana, or the illegal manufacture of concentrated cannabis. Additionally, Prop 64 does not amend Health and Safety Code Section 11470(f), relating to asset forfeiture in 11359 and 11360 cases.”
    • (

    As noted on Wikipedia:
    • “According to

California Legislative Analyst’s Office

    , the measure changes California law to legalize the possession, cultivation, and sale of marijuana. Individuals over age 21 are allowed to possess, cultivate and sell marijuana; the state regulates commercial activities related to commerce for recreational use; a 15% excise tax and an additional $9.25 per ounce of flower or $2.75 per ounce of leaf will be collected; and possession and cultivation of certain amounts for personal use is legalized statewide.
    • The Adult Use of Marijuana Act (AUMA) (Proposition 64) provides an array of opportunities ranging from economic stimulation of several markets and industries to financial relief of the criminal justice system, which are over-burden with backlogged and pending cases for non-violent cannabis offenders.


    Under Prop 64, new state regulation laws will require stringent product development systems to establish distributional industry standards regarding testing, packaging and labeling.
    Prop 64’s new state regulations provide a platform for a fully transparent, highly efficient seed-to-sale tracking system through the newly created State Regulatory Agency—the Bureau of Marijuana Control—formerly known as the Bureau of Medical Cannabis Regulation.
    • Additionally, the Medical Marijuana Industry will be regulated by several other state agencies: the

California Department of Food and Agriculture

    •  (to license and regulate marijuana cultivation); the

California Department of Public Health

    •  (to license and monitor manufacturing of marijuana edibles); the

California State Water Resources Control Board

    •  (to “regulate the environmental impacts of marijuana growing on water quality”); the

California Department of Fish and Wildlife

    •  (to regulate cultivation-related impacts on local environments); and the

California Department of Pesticide Regulation

     (to regulate nutrients and pesticides utilized for marijuana cultivation).
    • AUMA allows adults to possess up to an ounce of marijuana. Adults are also allowed to cultivate up to six marijuana plants inside their homes. Marijuana packaging is now required to provide the net weight, origin, age, and type of the product, as well as the milligram amount per serving of


    • ,


    • , and other


    , and if any pesticides were used during cultivation.
    • Smoking marijuana in public is subject to a $100 fine.

Driving under the influence

    •  of marijuana remains illegal, although some

California Highway Patrol

     officers are concerned that they will be unable to identify intoxicated drivers. The penalty for unlicensed sale of marijuana is now reduced from four years in state prison to six months in county jail.


    Revenue paid into the new California Marijuana Tax Fund will allocate 60% of outflows to youth programs, 20% to environmental damage cleanup, and 20% to public safety. Businesses selling marijuana require a license from the state-level Bureau of Marijuana Control, and local governments decide permits for businesses to allow on-site consumption. Marijuana shops are prohibited from the sale or consumption of alcohol or tobacco. Recreational marijuana shops will open no earlier than January 2018. Local governments are allowed to completely ban marijuana-related businesses.”
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    To review the entire initiative and act, visit:

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