Prop. 64 changed the legal landscape of marijuana regulation, primarily by making it legal to possess, process, transport, purchase, obtain, give away or ingest marijuana for nonmedical (recreational) purposes for people 21 or older.1
There are, of course, some restrictions. Most notably, marijuana is still illegal according to federal law and is considered a Schedule I drug under the Controlled Substance Act.2 Former President Barack Obama, however, did not aggressively enforce marijuana prosecution, stating in November 2016 that “It is untenable over the long term for the Justice Department or the DEA to be enforcing a patchwork of laws, where something that’s legal in one state could get you a 20-year prison sentence in another.”3
It remains to be seen how President Trump will approach the issue. He might crack down on the marijuana industry just to distinguish himself from President Obama, or he may embrace the industry and the thousands of jobs that it will create during his presidency.
In 2016 California joined Maine, Massachusetts, and Nevada in legalizing recreational marijuana. Colorado and Washington already legalized its recreational use in 2012 and they were joined by Oregon and Alaska in 2014. For the average person, here is what’s currently legal in California:
PERSONAL USE
CAN
Who
- Persons in California over 21 years old
What
- “Marijuana” means all parts of the plant Cannabis sativa L.
What can you do with it?
- Smoke/vape
- Ingest
- Possess
- Process
- Transport
- Obtain (but not purchase yet)
- Give and receive between persons 21 or older without compensation whatsoever
How much
- Not more than 28.5 grams of unconcentrated marijuana
- Not more than 8 grams of concentrated marijuana (not including the weight of other ingredients in edibles, topical or oral administrations of marijuana)
- You may possess a maximum of 28.5 grams of unconcentrated marijuana and also 8 grams of concentrated marijuana.
Where
- In private
- Inside a business licensed for the ingestion of marijuana, provided it is restricted to persons over 21, not visible from a public place, and the business does not sell or allow consumption of alcohol or tobacco
PERSONAL CULTIVATION
CAN
Who
- Persons in California over 21 years old
What
- “Marijuana” means all parts of the plant Cannabis sativa L.
What can you do with it?
- Plant
- Cultivate
- Harvest
- Dry
- Process
- Give away to persons 21 or older without compensation whatsoever
How much
- Not more than six plants within a private residence (regardless of how many individuals live within that single residence)
- Production by plants in excess of 28.5 grams must be kept within a person’s private residence or upon the ground of that private residence in a locked space not visible to passersby from a public space
Where
- In a “private residence” which means a house, apartment unit, mobile home, or other similar dwelling
CANNOT
- Smoke marijuana where smoking tobacco is prohibited
- Smoke or ingest marijuana upon the grounds of a school, day care center, or youth center while children are present
- Smoke marijuana within 1,000 feet of a school, day care center or youth center while children are present (unless it is done in a private residence, in compliance with local ordinances, and is undetectable by others on the grounds while children are present)
- Possess an open container of marijuana, smoke or ingest marijuana while driving, operating, or riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation
- Sell or purchase marijuana
NB: It is important to note that local governments may enact certain restrictions on the use or cultivation of marijuana, however, “no city, county, or city and county may completely prohibit persons engaging in [personal use and cultivation as permitted by Prop 64].”4
1 Cal. Health & Safety Code § 11362.2
2 21 U.S.C. § 812
3 http://www.businessinsider.com/obama-on-weed-legalization-2016-11
4 Cal. Health & Safety Code § 11362.2(b)(2)