Prop 64 and Medical Marijuana

San Diego Cannabis Farmers Market - Bankers Hill
San Diego Cannabis Farmers Market – Bankers Hill

The United States classifies marijuana is a Federal offence. In 1996, Dennis Peron spearheaded a disruption in statues that saw the legalizing of marijuana under specific circumstances in the largest state in the US. This law, known as California Proposition 215 made it legal for physicians to possess and transport marijuana for medical purposes.

Two decades later, Proposition 215 received some expansion in the form of Proposition 64 (AKA. Prop 64) while retaining most of the rights in proposition 215. The latest law became effective January 2017.

It’s important to educate yourself with the current position of the law relating to involvement with marijuana in California. Here is a checklist of what you need to know.

1. As mentioned earlier, patients and caregivers under Proposition 215 still retain their rights to possess and cultivate marijuana for personal medical use. They however, must have a doctor’s prescription and the state’s medical marijuana card. The limit in the new proposition 64 doesn’t affect them so long as the marijuana is for personal medical use.

2. The new Proposition 64 makes it legal for anyone above 21 to obtain, posses, transport or transfer possession of not more than one ounce (28 grams) of marijuana.

3. Home cultivation of marijuana is now legal, with a limit of 6 plants per house. While you can grow them outdoors, to prevent ban based on public nuisance, it’s advisable to grow them indoors.

4. The government has began process to issue stores and other retailers license to sell marijuana to persons above 21 years. The license is slated to begin issuing in 2018. As a result of this, the only way to legally purchase marijuana in California is as a patient of a nonprofit Collective and with a doctor’s prescription.

Possession of marijuana through a means other than the above is a crime (a misdemeanor). Upon conviction, such person is liable to a fine of $500 or six months imprisonment, or both fine and imprisonment. This applies to those above 21 years. For persons above 18 but below 21, their fine is $100, while those below 18 are placed on counseling or community service.

5. I guess the preceding points appear as though anyone above 21 years can do whatsoever they like with marijuana, but that’s not true. Proposition 64 still has something you cannot do.

You are not allowed to smoke marijuana in public places like airport, bus terminus, stations, etc, nor are you also allowed to smoke marijuana in schools, youth centers or Ares designated as Non-Smoking areas.. That you can transport one ounce (28 grams) of marijuana does not simultaneously give you the right to transport it uncovered or in full glare of the public.

The right granted under Prop 64 does not cover you if your employer or apartment owner refuses to permit marijuana in their premises.

Proposition 64 has widened the provisions of Proposition 215, however, until 2018 when licenses will be issued to stores and retailers, only patients of nonprofit collective can legally purchase marijuana, and even then, they must have their doctor’s prescription.

Leave a Reply

Your email address will not be published.