At 62 pages extended, Proposition 64 is a detailed and complicated document that spells out how California will regulate and tax the development, transportation and sale of marijuana for recreational use.
Even though Californians will be in a position to possess and develop marijuana promptly if it passes, individuals will not have a location to legally acquire nonmedical marijuana till retailers are licensed — and the state has till Jan. 1, 2018, to start issuing retail licenses. State officials estimate it will take up to a year to create the regulations that will be applied to these who develop, transport, test and sell cannabis.
Here’s what we do know so far about what legalizing pot would appear like in California primarily based upon what is outlined in the ballot measure.
1. You will have to be an adult to legally smoke pot.
That expands on current law that allows cannabis use for healthcare purposes.
For these who do not want to acquire pot from unique marijuana retailers, the initiative would enable adults to develop and use up to six marijuana plants. Health-related marijuana sufferers may possibly nevertheless possess the quantities important to meet their healthcare requirements, even in excess of the 28.five gram limit.
two. Do not strategy on lighting up just anyplace.
You won’t be in a position to light up a marijuana joint on the sidewalk or in a bar. Beneath the ballot measure, marijuana nevertheless can’t be smoked in public areas, unless it is allowed by a local ordinance.
In addition, marijuana can’t be smoked in areas exactly where state law currently prohibits tobacco smoking, which includes restaurants and theaters.
And smoking pot would nevertheless be outlawed inside 1,000 feet of a college, day-care center or youth center though young children are present.
Fines are also doable for these caught smoking weed though driving a motor automobile, boat or aircraft.
three. Want to smoke marijuana in public? There’s a fine for that.
People today busted smoking marijuana in public can count on to face a fine of up to $100. These caught smoking pot in a location exactly where tobacco smoking is prohibited or close to a college can be fined up to $250.
Minors who violate the guidelines will be needed to comprehensive 4 hours of a drug-education plan or counseling, and up to 10 hours of neighborhood service.
four. Youngsters will not be in a position to acquire pot beneath Proposition 64.
Proponents of Proposition 64 say the ballot measure was written to maintain pot out of the hands of minors.
It would prohibit the sale of marijuana to nonmedical customers beneath age 21. Health-related marijuana can nevertheless be made use of by individuals beneath 21. In addition, cannabis solutions could not be developed to appeal to children or to be simply confused with commercially sold candy.
Marijuana solutions also would have to be packaged in youngster-resistant containers, and pot shops would be prohibited from enabling any person beneath 21 years old on their premises.
five. You will not see commercials for weed on Television.
In addition, marijuana could not be advertised on billboards positioned along an interstate highway or state highway that crosses the border of any other state. Such advertisements also would not be permitted inside 1,000 feet of day-care centers, schools supplying instruction in kindergarten or grades 1 via 12, playgrounds or youth centers.
Federal law will continue to designate marijuana as an illegal drug and federally regulated tv and radio states are not permitted to promote illegal drugs.
If federal law must ever modify, Proposition 64 consists of a provision that calls for broadcast, cable, radio, print and digital advertising only be displayed exactly where at least 71.six% of the audience is reasonably anticipated to be 21 or older.
six. If you want to sell weed, you are going to have to inform the state.
Want to open a pot shop? You will require a state license. Want to develop marijuana for other people? You’ll nevertheless need a license.
These who develop, approach, transport or sell marijuana will have to get a state license, and spend a charge — that hasn’t been set however — to cover the expense of the state processing and enforcing the licenses.
Regional governments could also call for operators to receive a license, and companies would not be in a position to sell marijuana inside 600 feet of a college, day care center or youth center.
These operating shops must undergo a background verify to receive a state license, and they can be denied if they have felony convictions involving violence, fraud, drug trafficking or promoting drugs to a minor.
7. If you sell pot, you will have to abide by state guidelines and regulations.
Who is in charge? A state Bureau of Marijuana Manage inside the state Division of Customer Affairs would be provided the job of building, issuing, renewing and revoking state licenses for the transportation, storage, distribution and sale of marijuana.
Marijuana growers will have to get a license from the state Division of Meals and Agriculture. These who want to type companies to manufacture and test marijuana solutions would be licensed and overseen by the state Division of Public Well being.
Updates from Sacramento »
The state agencies will have to start issuing licenses by Jan. 1, 2018. An current bureau set up for healthcare marijuana has currently begun drafting regulations that would be required just before licenses could be issued.
eight. Selling pot devoid of a license will come with penalties — fines and jail time.
Promoting marijuana devoid of a license can outcome in a misdemeanor charge with penalties of up to six months in jail and $500 in fines.
The initiative would bar the advertising of marijuana solutions to minors, which signifies advertisements would not be in a position to use symbols, language, music or cartoon characters aimed at attractive to these who are underage.
In addition, promoting marijuana or engaging in any other industrial activity in regard to the drug without a license comes with civil penalties of up to 3 occasions the quantity of the license charge for each and every violation.
Illegal operators could be ordered by courts to destroy the marijuana involved in the violation.
9. Marijuana will be taxed by the state — and possibly by cities and counties.
Proposition 64 would enable the state to impose a 15% excise tax on the retail sale of marijuana. In addition, the state would be in a position to levy a cultivation tax on growers of $9.25 per ounce for flowers and $two.75 per ounce for leaves.
The ballot measure also would let cities and counties to impose their personal taxes to cover charges of solutions, which includes enforcement.
Health-related marijuana patients would be exempt from paying state sales taxes.
10. California could make lots of income on pot sales. Here’s how it could be spent:
State analysts estimate state taxes could produce up to $1 billion annually to be made use of for costs which includes:
Covering the state’s expense of operating the plan and enforcing its regulations
Enabling state universities to analysis and evaluate the influence of Proposition 64 on troubles which includes overall health and security
Enabling the California Highway Patrol to create processes for figuring out when a motorist is impaired by marijuana use
Applications to lessen driving beneath the influence of marijuana
Grants to neighborhood overall health departments and neighborhood-primarily based nonprofits for job placement, mental overall health remedy, drug abuse remedy and legal solutions for low-earnings communities
Youth applications, which includes drug education, prevention and remedy
Applications to avoid and lessen environmental harm from illegal marijuana producers