What's Legal, and What Isn't, After Prop. 64

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November 9, 2016 - Californians have approved Prop. 64 to legalize adult use of marijuana by a margin of 56-44%. The approval of Prop. 64 by the nation’s largest state should send a powerful message to lawmakers in Washington, DC and the world to end marijuana prohibition. Nearly two thirds of California counties approved the measure, which should help local reform efforts.

As of Nov. 9th it became legal for any adult 21 years or older to:

    •  Possess, transport, obtain or give away to other adults 21 or older no more than one ounce of marijuana or 8 grams of concentrated cannabis.    

    •  Cultivate up to six plants per residence and possess the marijuana produced by these plants.  All plants and harvest in excess of one ounce must be kept in a locked space not in public view at one’s residence.  Local governments may still forbid cultivation outdoors, but must allow it inside a private residence or accessory structure that is “fully enclosed and secure.”  

      • Medical marijuana patients keep their existing rights under Prop 215 to possess and cultivate as much as they need for personal medical use so long as they have a doctor’s recommendation, regardless of the Prop 64 limits for adult users. Beware though that local governments may still restrict cultivation via nuisance ordinances (except for the six indoor plant minimum allowed for personal use).   

     •  Retail sales for adult use will not begin until licensed stores are in operation after Jan 1, 2018.  In the meantime, Prop 215 patients with a doctor’s recommendation can continue to purchase at medical collectives and dispensaries. 

    •  Tax Tip for 215 Patients:  Patients who have a state medical marijuana ID card will be exempt from the state sales tax immediately, according to the State Board of Equalization.  If you spend more than $100 per month on medicine, it should pay you to get a state ID card.  State ID cards are available from county health departments;  under Prop 64 the card fees are capped  at $100 ($50 for Medi-Cal patients).  

      Under Prop 64, you may NOT:

     • Consume marijuana in any public place ($100 infraction).   (On-site consumption at licensed premises will be permitted at a later date.) 

    • Smoke or vaporize marijuana in any non-smoking area or within 1,000 feet of a school, day care or youth center while children are present, except privately at a residence. ($250 fine)

     • Consume marijuana or possess an “open container” of marijuana while driving or riding as a passenger in any motor vehicle, boat, or airplane ($250 fine). 

    • Possess or use marijuana on the grounds of a school, day care or youth center while children are present. ($100 fine).

    • Manufacture concentrated cannabis with a volatile solvent (except for state-licensed manufacturers).  

    • Minors under 21 may not possess, use, transport, or cultivate marijuana, subject to a $100 fine for those 18 and older.  Minors under 18 are subject to drug counseling or community service.

    • Possession of more than one ounce remains a misdemeanor punishable by $500 and/or six months in jail as at present.  Other offenses, including cultivation of over six plants, transport of over an ounce, illegal sale or distribution for compensation, possession with intent to sell, etc., are downgraded from felonies to misdemeanors except in certain aggravating circumstances.  

    Rights NOT protected by Prop 64:

    • Owners may forbid the possession or use of marijuana on their property subject to normal tenant law for renters.

    • Employers may prohibit use of marijuana by their employees. 

Prior offenders:  If you have been convicted for a marijuana felony or other offense that has been downgraded by Prop 64, you may petition the court to have your record changed to what it would be if Prop 64 had been in effect.   

Cal NORML will be holding a meeting this Thursday, Nov 10th in San Francisco to discuss Prop 64 and its aftermath.  Members free, $10 donation for public. Our special guest will be Tim Morland of the BOE speaking about tax issues for the marijuana industry. 

See Cal NORML's Post-64 agenda

Join Cal NORML Today, Support our Work and Receive Our Newsletter! 

If you're unsure about your membership status, write here. 

Can a landlord ban vaporizing medical cannabis?

Can a landlord prohibit tenants who are medical cannabis patients from vaporizing? If so, do you know if any local San Francisco anti-discrimination ordinance or other law could override that if the tenant has a disability and cannot safely forgo medical cannabis?

Landlord question

Landlords can ban smoking of any kind; this is the first I've heard of vaporizing being banned because it is generally harder to detect. I guess the only option then would be edibles or topicals. Until federal law changes, our attorneys tell us that arguing for disability rights isn't helpful. You could try contacting one of our attorneys, we list them at: http://marijuanalistings.canorml.org/listing/find-medical-marijuana-lawy...

Smoking while pregnant

What are the laws on smoking cannabis while pregnant?
Can mother or baby be tested after birth? What if they find thc in baby's blood?
Will the hospital call CPS?

Some protections

Prop. 64 protects parents who use medical cannabis with a doctor's recommendation:
H&SC 11362.84: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sect...

Whether or not this protection extends to pregnant mothers hasn't been decided. No such protection exists for recreational users.

California is one of 23 states that require health care professionals to report suspected prenatal drug use:

We have heard of hospitals calling CPS if the mother is on public assistance. CPS response varies county to county. They have broad authority to allege child endangerment, and no set statewide policy on cannabis that we have been able to uncover.

The California Medical Board just issued guidelines to doctors saying they must discuss risks of using cannabis during pregnancy or breast feeding. Does not say they may not recommend.

You may want to consult with an attorney. One with experience in child custody cases is Jennifer Ani http://anilaw.com

One patient

If your indoors with a small space and have a recommendation for 99 plants can you grow as many as you can up to 99 within that small space? Im asking to reduce power cost and just go strait to flower. i can't afford prices at clubs and it takes forever to grow indoors plus the outcome is always small amounts. 6 plants indoors doesn't yield enough for anyone. I don't grow 99 but i would like to fill up a 4x4 tray and scrog it so i have enough to last me. I can't grow in the summer cause its too hot inside so im limited to winter months and having to store it in a freezer. On top of respect for my neighbors i don't grow outside. Ugh with 64 coming i worry that im only allowed 6. The gray are of the way they word things is enough to drive someone crazy.

It depends...

The 99 plant notes aren't really useful unless you can prove you actually require that much marijuana for your personal medical use. In any case, they only protect you from state law, which still allows you to cultivate for your medical use, but can be overridden by local zoning ordinances (according to the California Supreme Court). With Prop. 64, the only thing locals can't ban are 6 plants, and those can be forced indoors and regulated. You could try for a state cottage cultivation license allowing you to grow 500 square feet indoors in 2018, if your local jurisdiction will grant one (or at least, not ban the practice).

Why should he get a license? It's still legal for him to grow

Why should he get a license when he can grow as much as he needs for his own personal use up to 99 plants? Or be a primary caregiver and grow for himself and another, no license, no cultivation tax, no invasion of privacy, why are you telling him that? It's insane to subject yourself to legalization if he's using it for his own medical needs? Why aren't you telling him that? And Prop 64 legalized the 99 plant rec. Why didn't you tell him that? Are you a lawyer?

Lawyer referrals

I am not a lawyer. You can contact one via our legal committee page, http://marijuanalistings.canorml.org/listing/find-medical-marijuana-lawy...


We have 3 medical licences and are growing the legal number of plants. We are creating a seed bank with several different strains and stocking seeds for the 2018 roll-out of recreational use and growing. Are there any legal restrictions to seed growth, collection, storing and resale?

Seed question

You would probably be licensed as a nursery under the new state laws. You should contact an attorney, we list them at: http://listing.canorml.org/find-a-marijuana-lawyer-in-california/

Passenger in car

Does the law say anything about the legality of a passenger in a vehicle smoking?

Passenger in car

Current laws against driving while impaired are unchanged. Consumption or possession of an "open container" of marijuana or marijuana products is prohibited while driving or riding as a passenger in a motor vehicle, aircraft, vessel, or other transportation vehicle. Violations are a $100 infraction. It is not clear what constitutes an "open container" of marijuana, for example, in the case of edibles or e-cigs. http://www.canorml.org/Cal_NORML_Guide_to_AUMA

Medical patients gifting?

I understand that it's legal to receive a gift of less than an oz or 8 grams concentrates. What i don't get is if its legal for a medical patient to gift to a non-medical patient (I feel like there might be some sort of law against this since it's illegal to gift any other sort of prescription). Anybody know?

Not a prescription

Marijuana isn't prescribed, it's only recommended. You can check with one of our lawyers on this, see: http://listing.canorml.org/find-a-marijuana-lawyer-in-california/

Where to smoke?

Prop 64 says that the only legal place to consume cannabis is at a private residence. I recently moved in with a new roommate. He has asked me to sign a sublease and one of the rules of the sublease is no smoking inside the house. However, I am a medical patient and now that prop 64 has passed, I do not find it fair that he would do that. He knew I smoked before moving in with him and we have already been rooming together for a month now. Can he legally require me to sign a sublease agreement that keeps me from smoking inside the house we rent? It's January and cold outside and I would prefer to smoke inside until the weather improves.

Outside the house in the backyard.

"Owners may forbid the possession or use of marijuana on their property subject to normal tenant law for renters."

If you signed a lease then you agreed to those terms. You are allowed to smoke on your property as long as you are out of view. Most likely the backyard. If you live within 1000 feet of a school or public day care (wherever children may be present) then you may not smoke outside in their view. Again. Out of sight, outside, on your property.

Tenant Law

It is not legal to demand a sublease once you have been a resident for 30 days. When the terms of your original lease expires, at that time he can add new clauses.
Although the law is one your "side", living with this person can be rather stressful at best, dangerous at worst.
If you are on the lead with the landlords knowledge, he cannot demand ANYTHING!

If all attempts at neogatiations fail, just start looking to move. It sucks, it is not fair,but; your health and peace of mind are worth more than being "right"

19. Has had medical cannabis card since 15.

How do I purchase my medicine in a 21 and over city? I have lived in San Jose my whole life and recently the age limit for dispensaries is 21 and older.

Parent registered as a Caretaker

Would be my guess?

Prob 64 Passing

Since it passing, I have been smelling this substance in the air, both outside and inside my home. I wish not nor my kids to smell it at all. This was one of the worst things that could have ever been placed on the ballot.

It's better than the

It's better than the pollution and kimtrails they are KILLING us with! Just sayin..

the scurge? lmao

the scurge? lmao


You sure it wasn't a skunk you're mistaking it for? Just like I heard, "all these crazy drivers stoned". When you ask "Did you see someone smoking while driving?".


"Then how do you know they have been smoking marijuana?"

"I just know it is."

That's called discrimination and assumption.

Move to a city that doesn't want to partake in prop 64. No tax revenue for that city...

but then again you love the new schools, streets, and infrastructure that the outrageous tax on recreational pot is going to provide for. You also love the law enforcement's ability to go after violent criminals or other "illicit" drugs.

The only thing on the ballot that isn't costing money but earning a tax revenue that is unheard of.

$1 billion dollars.

Get over it.. the ppl who

Get over it.. the ppl who use it in public will be fined and you may notice that the smell stops very soon! i Smoke everyday but in my home.. if you ppl cant get over that then maybe you should leave the state

smell of marijuana

grow up! the smell of marijuana is the least of our problems...this plant will provide tax dollars for our state, as well as provide help for many people. It's time to enter the 21st Century people!

More than half of us didn't

More than half of us didn't think so

I'm glad it passed

I'm glad it passed so people won't get thrown in jail and rot for the rest of their lives in jail cells just because they smoke a plant that relaxes them and is safer than alcohol. I do agree, however that the smell annoys me, but it is downright ignorant to say it's the "worst thing that could have ever been placed on the ballot."

worst thing on the ballot?

I'm pretty sure president cheeto was the worst thing on the ballot.

Two sides to everything

For pot smokers heaven is here now. Yet with rights come responsibilities and many smokers seem to miss this point. Its illegal to smoke in public, yet so many openly flaunt this law. Modern pot smells vile and is exponentially stronger [THC content] than pot from the eighties. I'm all for folks smoking in the privacy of their homes [the only place its legally allowed], yet nobody should be subjected to this substance against their free will. That's exactly what happens when it gets smoked in public, and no doubt with the smell comes some chemical substances that others prefer not to ingest. Many smokers lack the maturity to respect the laws and consider the free will of others. You sound different, but are you aware of the tendency of long term pot use to disconnect users from their emotions?

Citation needed

Good old reefer madness garbage. Do you people have a whole list of lies about cannabis or do you make them up on the go like a game testing one's creativity?

your weed complaints

you should stop smoking in your home bro if you dont want your kids to smell it.

Apartment Use

Is there a provision in the law about smoking in an apartment building?
We share ventilation and have two small children living in an apartment above heavy pot smokers. So far the property manager has done nothing.

Personal Responsibility

If I had that concern, to show my children that talking to people solves problem, I would knock on the door... be friendly... explain the situation... and ask if they could kindly switch to vaporization which the WA state human health services decided that it poses no public threat. Or maybe if they could step out on the balcony or something that would be a great compromise.

Just because they smoke pot doesn't mean they aren't responsible human beings that care what their neighbors needs are...

Apartment question

It's not addressed in the law. Apartment owners can make their own rules, just like with other legal substances like tobacco. Vaporization or edibles are good options for apartment dwellers.

Comercial use question

With commercial sales non existent till 2018. Would a commercial seller who sells hydroponic, light sets, equipment used in cultivating marijuana be allowed to give free seeds away? For example, lets say I sell a two panel 1000W light set to a customer. Would it be allowed/legal to give marijuana seeds to that customer for free?

Free seeds

Medical marijuana patients may exchange marijuana products between them if they are members of the same collective. Others can give away up to an ounce of marijuana, so if it's less than an ounce of seed, our reading is it should be OK. You can check with a lawyer at: http://listing.canorml.org/find-a-marijuana-lawyer-in-california/.

For tenants / renters

Can you expand on this? I've read Prop 64 and see no language about landlords / tenants, so how can they justify limiting or banning possession on their property?

a the bottom of the laws description

Rights NOT protected by Prop 64:

• Owners may forbid the possession or use of marijuana on their property subject to normal tenant law for renters.

Tenant/ Apartment

From my prospective an apartment is owned by a company. So a tenant only renting has to abide by the rules of the leaser. For example if they don't allow pets. That's a restriction placed because the owner doesn't allow it. So they don't have to allow smoke or marijuana use in there units. They own it, the law has no right.

Parents and Marijuana

What are the laws for parents who decide to use marijuana?

Parental rights

Prop. 64 has language stating that a parent's status as a medical marijuana patient is not to be the sole reason for interference in parental rights; no such protection is written in for recreational users.

Production and Distribution (Commercial Business)

I understand that under Prop. 64 that the sale of commercial marijuana will not be in place until January of 2018. Is this a hard fast rule, or is this just meant to give the state time to establish licences and a process for managing the industry? If January 2018 really is the date, what can be done in the meantime to prepare for business in the industry? Are there any contacts you could provide for more information about preparing for legal marijuana businesses in California?

Commercial questions