Recreational:
Proposition 64, The Adult Use Marijuana Act, permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrates) while also licensing commercial cannabis production and retail sales. (Medical cannabis patients are not subject to these limits.) The measure prohibits localities from taking actions to infringe upon adults’ ability to possess and cultivate cannabis for non-commercial purposes. The initiative does not “repeal, affect, restrict, or preempt … laws pertaining to the Compassionate Use Act of 1996.” Several other marijuana-related activities not legalized by the measure are reduced from felonies to misdemeanors. The law also provides for resentencing consideration for those found guilty of prior marijuana convictions.
“California has long been the largest domestic producer of marijuana in the United States, and cannabis commerce has long been a driver of the world’s sixth largest economy,” said NORML Deputy Director Paul Armentano. “Passage of Prop. 64 brings this massive underground market above ground for the first time so that these activities may be regulated and transparent, and will generate over a billion dollars of needed new tax revenue to state and local governments.”
The revised marijuana penalties take effect on November 9, 2016. Retail sales of marijuana by state-licensed establishments are scheduled to begin under the law on January 1, 2018. On site consumption is permitted under the law in establishments licensed for such activity. Large-scale corporate players are restricted from becoming involved until 2023.
You can read the full text of the initiative here. Congratulations California!
Medical:
State and Relevant Medical Marijuana Laws
— Approved Nov. 5, 1996 by 56% of votersEffective: Nov. 6, 1996Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a “written or oral recommendation” from their physician that he or she “would benefit from medical marijuana.” Patients diagnosed with any debilitating illness where the medical use of marijuana has been “deemed appropriate and has been recommended by a physician” are afforded legal protection under this act.Approved Conditions: AIDS, anorexia, arthritis, cachexia, cancer, chronic pain, glaucoma, migraine, persistent muscle spasms, including spasms associated with multiple sclerosis, seizures, including seizures associated with epilepsy, severe nausea; Other chronic or persistent medical symptoms.Amended:Senate Bill 420
Effective: Jan. 1, 2004
Imposes statewide guidelines outlining how much medicinal marijuana patients may grow and possess.
Possession/Cultivation: Qualified patients and their primary caregivers may possess no more than eight ounces of dried marijuana and/or six mature (or 12 immature) marijuana plants. However, S.B. 420 allows patients to possess larger amounts of marijuana when recommended by a physician. The legislation also allows counties and municipalities to approve and/or maintain local ordinances permitting patients to possess larger quantities of medicinal pot than allowed under the new state guidelines.
S.B. 420 also grants implied legal protection to the state’s medicinal marijuana dispensaries, stating, “Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients … who associate within the state of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions.”
Challenge to Possession Limits: On Jan. 21, 2010, the California Supreme Court affirmed (S164830) the May 22, 2008 Second District Court of Appeals ruling in the Kelly Case that the possession limits set by SB 420 violate the California constitution because the voter-approved Prop. 215 can only be amended by the voters.
ProCon.org contacted the California Medical Marijuana Program (MMP) on Dec. 6, 2010 to ask 1) how the ruling affected the implementation of the program, and 2) what instructions are given to patients regarding possession limits. A California Department of Public Health (CDPH) Office of Public Affairs representative wrote the following in a Dec. 7, 2010 email to ProCon.org: “The role of MMP under Senate Bill 420 is to implement the State Medical Marijuana ID Card Program in all California counties. CDPH does not oversee the amounts that a patient may possess or grow. When asked what a patient can possess, patients are referred to www.courtinfo.ca.gov, case S164830 which is the Kelly case, changing the amounts a patient can possess from 8 oz, 6 mature plants or 12 immature plants to ‘the amount needed for a patient’s personal use.’ MMP can only cite what the law says.”
According to a Jan. 21, 2010 article titled “California Supreme Court Further Clarifies Medical Marijuana Laws,” by Aaron Smith, California Policy Director at the Marijuana Policy Project, the impact of the ruling is that people growing more than 6 mature or 12 immature plants are still subject to arrest and prosecution, but they will be allowed to use a medical necessity defense in court.]
Attorney General’s Guidelines: On Aug. 25, 2008, California Attorney General Jerry Brown issued guidelines for law enforcement and medical marijuana patients to clarify the state’s laws. Read more about the guidelines here.
On Oct. 9, 2015, Gov. Jerry Brown signed three bills to regulate California’s medical marijuana industry: AB 243, AB 266, and SB 643. The bills cover licensing requirements for cultivation, transportation, distribution, and more.
Contact and Program Details
Public Health Policy and Research Branch
Attention: Medical Marijuana Program Unit
MS 5202
P.O. Box 997377
Sacramento, CA 95899-7377
Phone: 916-552-8600
Fax: 916-440-5591mmpinfo@cdph.ca.govWebsite:
CA Medical Marijuana ProgramGuidelines for the Security and Non-diversion of Marijuana Grown for Medical Use
Information provided by the state on sources for medical marijuana:
“The MMP is not authorized to provide information on acquiring marijuana or other related products.”
“Medical Marijuana Program Frequently Asked Questions,” cdph.ca.gov (accessed Mar. 1, 2016)
“The California Department of Public Health’s MMP does not have jurisdiction over medical marijuana cooperatives, dispensaries, or collectives. For questions related to these areas, please contact your local city or county business licensing office.”
“Medical Marijuana Identification Card Program,” cdph.ca.gov (accessed Mar. 1, 2016)
Patient Registry Fee:
$66 non Medi-Cal / $33 Medi-Cal, plus additional county fees (varies by location)
Accepts other states’ registry ID cards?
No
Registration:
Voluntary
