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Prop 64 or adult use of marijuana act (AUMA)

On November 8, 2016, California voters approved Proposition 64, the Adult Use of Marijuana Act (AUMA), allowing adults 21 years or older to legally grow, possess and use marijuana for non-medical purposes.  The other key component of Prop 64, commonly known as recreational marijuana was it allowed the State to regulate non-medical marijuana businesses, and tax the growing and selling of medical and non-medical, adult use marijuana. 

But while it is now legal to use, possess and grow marijuana, Prop 64 does not authorize the sale of non-medical marijuana until January 1, 2018 when the State begins issuing retail licenses.  Aside from the issue of marijuana sale, the passing of Prop 64 by voters comes with numerous questions as to what people can and cannot do within the framework of adult use.

Below are answers to some of the common questions surrounding Prop 64:

  • You have to be 21 or older to legally use non-medical marijuana.  Minors who violate the law will be required to complete 4 hours of drug-education program or counseling, and up to 10 hours of community service.

  • You cannot smoke in public.  Smoking marijuana in public carries a fine of up to $100, and up to $250 where tobacco smoking is prohibited, or within 1,000 feet of a school, daycare center or youth center where children are present.

  • The amount you can possess on your person is limited to 28.5 grams or 1 ounce.  Note that possession and smoking and other forms of ingestion may be prohibited altogether in certain government-owned facilities.

  • You are allowed to grow up to 6 plants of marijuana for personal use.  In the City of Sacramento, you can continue to cultivate in an indoor area up to 400 sq. ft. (for medical use as a qualified patient) but subject to conditions specified under the City of Sacramento’s Health and Safety Code, Title 8, pertaining to the cultivation of medical marijuana. 

  • Edible marijuana products can only contain 10 milligrams of THC (the psychoactive agent ingredient of marijuana), and needs to be contained in a childproof packaging and properly labeled.

  • Driving and smoking or consuming marijuana is considered driving impaired and subject to penalties under California’s DUI laws.  Specific protocols for determining if a driver is impaired by marijuana are still being considered in the California Legislature.

  • You cannot take marijuana across state lines. Federal regulations specifies, even in the states with legal marijuana, that products have to be grown and consumed in that state only.