Your Rights Under Proposition 64
With the passage of Proposition 64, adults 21-and-older are permitted to possess, transport and consume cannabis recreationally. Adults who are of age can grow up to 6 cannabis plants and be in possession of up to 1 ounce of cannabis.
When does Proposition 64 go into effect?
Proposition 64 is effective NOW! At midnight on November 9, 2016, recreational possession and consumption became legal in California.
Does Medical Cannabis Still Exist?
The passing of Proposition 64 created two cannabis markets in California – the medical market and the recreational market.
Did Proposition 64 do away with medical marijuana under the Compassionate Use Act?
No. There is nothing in Prop 64 that negates the laws and rights created under Prop 215. In fact, Prop 64 explicitly protects and enhances Prop 215 creating child custody protection for patients, placing a $100 cap on state ID cards, enforcing medical record privacy, and explicitly guaranteeing that the new limits, regulations, and licensing applied to non-medical marijuana do not apply to Prop 215 patients.
How much marijuana can I possess?
It differs depending on whether the possession is for medical purposes or recreational purposes.
Patient in possession for medical purposes: There is no true set amount. You can possess any amount of cannabis reasonably related to your medical needs. However, it is recommended that patients stick around the limits of 8 ounces and 6 mature and 12 immature plants.
Adult Individual in possession for non-medical or recreational purposes: 6 plants and up to 1 ounce, and up to 4 grams of concentrated cannabis.
Can I get arrested?
Yes. If the officer believes there is indicia of sales (scales, $$, baggies, etc).
What are the Criminal Consequences?
In California, and under Proposition 64, most marijuana-related crimes are misdemeanor offenses with a max 6 mos jail. Federally, marijuana remains a felony and punishable in federal prison.
How Do I Get Cannabis Legally?
Although non-medical marijuana in California is legal, we cannot expect retail locations to sell cannabis recreationally until January 1, 2018. However, Californians who are medical cannabis patients can enter any dispensary if they are eager to get their hands on cannabis.
Is it legal for a medical patient to GIVE ME MARIJUANA?
YES! If you want to get cannabis legally in California now, you'll either need to grow it yourself or need to be friends with someone who has their medical card. They can acquire cannabis from a dispensary and “gift” it to you (less than 1oz), but money cannot exchange hands.
Where am I allowed to smoke marijuana?
Nowhere in public or where tobacco is not permitted. You also cannot smoke outdoors within 1000 feet of a school. A violation of this will result in a citation and fines (like a traffic ticket).
Can I legally be fired from my job?
Unfortunately, yes. If you test positive for cannabis, even though Recreational is Legal or even if you are a qualified patient! Regardless, your employer can legally fire you. However, you may still be entitled to unemployment.
What is the state ID card?
California issues and ID card for medical cannabis patients. This is from the health department, not your doctor.
Should I get a state ID card?
Yes, it's a good idea.
It can protect you from arrest if you possess under 8oz.
Will anyone find out?
No – the state ID card is anonymous!
Will my employer know?
- Prop 64 bonus: no sales tax until 2018.
How do I get one?
Take your doctor's recommendation to your county health department and fill out an application. The fee is $100. See more info: www.cdph.ca.gov/programs/mmp/pages/default.aspx
- All cannabis businesses must organize properly to avoid prosecution.
- Cannabis Businesses may apply for licensure at the state level in 2018.
- Prior to licensure, cannabis businesses must comply with medical laws to sell cannabis products.
- Proper corporate structure includes a non-profit collective or cooperative. That is until licensure will allow for for-profit cannabis businesses.
- Cannabis businesses can cultivate and possess any amount of cannabis reasonably related to the aggregate needs of their patients (8 oz or 6 plants per patient suggested).
Cultivation. You may cultivate for other patients, but you should organize yourself properly to avoid criminal prosecution and/or conviction.
What paperwork do I need? It varies. At a minimum, you need patient recommendations and membership agreements.
What else? Your operations must comply with the Attorney General Guidelines.
Edibles. You may legally make edibles and sell them, but be sure to comply with the Attorney General Guidelines and applicable health requirements. You should also have documentation demonstrating that all cannabis is obtained from and given to individuals inside of a proper collect/cooperative.
Concentrates: concentrates can be legal to produce depending on the method of extraction. They are almost always legal to possess.
Is it legal to SELL flowers/edibles/concentrates to dispensaries?
Yes, but protect yourself with the proper business organization to prevent a criminal prosecution and/or conviction.
What paperwork do I need?
It varies, but at a minimum, you should become a member of the dispensary that you are proving product to and keep transaction records.
If I incorporate and pay taxes, will the government come after me?
No. This is a paranoid myth. Today there is no reason not to form as a legal business. Don't wait until it's too late!
How much cannabis can my business grow/possess?
In California, a collective is entitled to cultivate and possess an amount of cannabis reasonably related to the aggregate needs of its patients. Simply put, you can possess or cultivate all of the cannabis for all of your patients' needs. Their need will likely vary, but you may use the MMP amounts as a guideline: 8oz per patient, and 6 mature or 12 immature plants per patient.
Our veteran California cannabis attorneys handle licensing throughout Los Angeles, San Bernardino, Ventura, Riverside, San Diego, Orange County, Sacramento, Humboldt, Calaveras, Coalinga, and Mendocino.