What's Legal & What's Not With Prop 64

Californians made the decision to legalize the recreational use of marijuana this past election. Once the polls closed and the motion was passed, the laws immediately changed. But many people don’t know how the laws changed, and some are still finding themselves in trouble with law enforcement for their actions. To help you avoid confusion and stay within the bounds of the law, here is a quick primer to the changes in California’s marijuana laws after the passing of Prop 64.

What Is Legal

• The consumption and purchase of marijuana is now legal for all adults over the age of 21
• Those over the age of 21 may also possess up one ounce of marijuana or eight grams of concentrated cannabis for personal use
• Adults may also cultivate up to six marijuana plants per household, so long as they are stored in a locked space and out of public view (including in yards or windows)
• California authorized an additional tax on all marijuana purchases from approved distributors, as well as gave local municipalities the ability to impose additional taxes and fees
• Employers may still prohibit employees from using marijuana
• Home and property owners may still forbid the use or possession of marijuana on their premises

What is Not Yet Legal

• Those who wish to sell marijuana must obtain a permit from the state, which will not begin being sold until January 1, 2018
• Public consumption of marijuana may only take place on a premises that has obtained a proper license from the state of California, which will not begin being distributed until January 1, 2018
• Commercial-size grows (larger than 22,000 ft. indoors or one acre outdoors) are prohibited until January 1, 2023

What is Not Legal

• Those under the age of 21 are not allowed to possess, sell, consume, or transport any amount of marijuana or its concentrates
• Public consumption is still strictly prohibited; all consumption must take place on private property and out of public view
• Consumption within 1,000 feet of a school, daycare, or youth center is forbidden while children are present, unless you are inside at a private residence
• Possession of marijuana on a school campus or at a daycare or youth center is still illegal
• Possession of more than an ounce is still illegal and penalized as a misdemeanor, as is cultivating over six plants and illegal sale (which has been downgraded from a felony)
• Advertising using “kid-friendly” techniques is strictly forbidden, including the use of animated characters. Companies may also not advertise on roadside billboards or anywhere that could be seen as targeting children as an audience.

If you have found yourself in trouble with the law for a drug offense after the passing of prop 64, call Cardoza Law Offices, Inc. now. Our Walnut Creek drug crimes lawyers stay up to date on the ever-changing world of drug laws, and use them to fight to protect your name and your freedoms. We understand that in many cases those convicted of drug crimes are facing an intimidating and overwhelming task. We stand by your side as a fiercely dedicated and aggressive ally throughout your case to help you obtain the best possible outcome.