Prop 64 Calif Legalizes Adult Recreational Use of Marijuana

Note: all parents and patients should keep mindful that simply because a new law was passed allowing recreational use of herb for adults, it does not mean that because it is legal that a parent can just do whatever he/she wants without regard for the kids.

Though that should not have to be stated, it is common sense and from this attorney's view generally, many people are lacking in common sense. Getting rid of Obama was a start, since Obama has made people think everyone is entitled to everything. No one is entitled to much in this world. That is a fact. The dumb- down of the USA in past years,  with Trump now pulling in as the winner indicates--- not everyone is stupid. Thank God for small miracles.

https://ballotpedia.org/California_Proposition_64,_Marijuana_Legalization_(2016)
(See site for all references)

Who can use marijuana?  

Proposition 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.^[8]

Who can sell marijuana?

To sell marijuana for recreational use, businesses need to acquire a state license. 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.^[8] The initiative also prevents licenses for large-scale marijuana businesses for five years in order to prevent "unlawful monopoly power."^[13]

Who will regulate marijuana?

The Bureau of Medical Cannabis Regulation was renamed the Bureau of Marijuana Control. It is responsible for regulating and licensing marijuana businesses.^[8]

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.

How will marijuana be taxed?

Proposition 64 created two new excise 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.^[1]

Local governments have been authorized to levy taxes on marijuana as well.

Where will revenue be spent?

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:^[1]

• $2 million per year to the UC San Diego Center for Medical Cannabis Research to study medical marijuana.
• $10 million per year for 11 years for public California universities to research and evaluate the implementation and impact of Proposition 64. Researchers would make policy-change recommendations to the California Legislature and California Governor.
• $3 million annually for five years to the Department of the California Highway Patrol for developing protocols to determine whether a vehicle driver is impaired due to marijuana consumption.
• $10 million, increasing each year by $10 million until settling at $50 million in 2022, for grants to local health departments and community-based nonprofits supporting "job placement, mental health treatment, substance use disorder treatment, system navigation services, legal services to address barriers to reentry, and linkages to medical care for communities disproportionately affected by past federal and state drug policies."

The remaining revenue will be distributed as follows:^[1]

• 60 percent to youth programs, including drug education, prevention, and treatment.
• 20 percent to prevent and alleviate environmental damage from illegal marijuana producers.
• 20 percent to programs designed to reduce driving under the influence of marijuana and a grant program designed to reduce negative impacts on health or safety resulting from the proposition.

What will penalties be?

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.^[8]

With Proposition 64's approval, individuals serving criminal sentences for activities made legal under the measure are eligible for resentencing.