At 62 pages lengthy, 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.
While Californians will be capable to possess and develop marijuana promptly if it passes, individuals will not have a location to legally obtain nonmedical marijuana till retailers are licensed — and the state has till Jan. 1, 2018, to commence 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 health-related purposes.
For these who do not want to obtain pot from unique marijuana retailers, the initiative would permit adults to develop and use up to six marijuana plants. Healthcare marijuana individuals may possibly nonetheless possess the quantities essential to meet their health-related wants, even in excess of the 28.five gram limit.
two. Do not program on lighting up just anyplace.
You won’t be capable to light up a marijuana joint on the sidewalk or in a bar. Beneath the ballot measure, marijuana nonetheless can not be smoked in public areas, unless it is allowed by a local ordinance.
In addition, marijuana can not be smoked in areas exactly where state law currently prohibits tobacco smoking, which includes restaurants and theaters.
And smoking pot would nonetheless be outlawed inside 1,000 feet of a college, day-care center or youth center even though youngsters are present.
Fines are also doable for these caught smoking weed even though driving a motor car, boat or aircraft.
three. Want to smoke marijuana in public? There’s a fine for that.
Persons busted smoking marijuana in public can anticipate 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 necessary to comprehensive 4 hours of a drug-education system or counseling, and up to 10 hours of neighborhood service.
four. Youngsters will not be capable to obtain pot below Proposition 64.
Proponents of Proposition 64 say the ballot measure was written to preserve pot out of the hands of minors.
It would prohibit the sale of marijuana to nonmedical customers below age 21. Healthcare marijuana can nonetheless be made use of by individuals below 21. In addition, cannabis goods could not be made to appeal to children or to be conveniently confused with commercially sold candy.
Marijuana goods also would have to be packaged in kid-resistant containers, and pot shops would be prohibited from permitting everyone below 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 offering 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 ought to ever transform, Proposition 64 consists of a provision that calls for broadcast, cable, radio, print and digital advertising and marketing 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 need to have a state license. Want to develop marijuana for other folks? You’ll nonetheless need a license.
These who develop, method, transport or sell marijuana have to get a state license, and spend a charge — that hasn’t been set however — to cover the price of the state processing and enforcing the licenses.
Nearby governments could also call for operators to acquire a license, and companies would not be capable to sell marijuana inside 600 feet of a college, day care center or youth center.
These operating shops must undergo a background verify to acquire 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 Handle 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 goods would be licensed and overseen by the state Division of Public Overall health.
Updates from Sacramento »
The state agencies have to commence issuing licenses by Jan. 1, 2018. An current bureau set up for health-related marijuana has currently begun drafting regulations that would be necessary prior to licenses could be issued.
eight. Selling pot with out a license will come with penalties — fines and jail time.
Promoting marijuana with out 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 and marketing of marijuana goods to minors, which implies advertisements would not be capable 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 permit the state to impose a 15% excise tax on the retail sale of marijuana. In addition, the state would be capable 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 expenses of solutions, which includes enforcement.
Healthcare marijuana patients would be exempt from paying state sales taxes.
10. California could make lots of dollars on pot sales. Here’s how it could be spent:
State analysts estimate state taxes could create up to $1 billion annually to be made use of for expenditures which includes:
Covering the state’s price of operating the system and enforcing its regulations
Enabling state universities to analysis and evaluate the effect of Proposition 64 on problems which includes well being and security
Enabling the California Highway Patrol to create processes for figuring out when a motorist is impaired by marijuana use
Applications to decrease driving below the influence of marijuana
Grants to neighborhood well being departments and neighborhood-primarily based nonprofits for job placement, mental well being therapy, drug abuse therapy and legal solutions for low-revenue communities
Youth applications, which includes drug education, prevention and therapy
Applications to stop and decrease environmental harm from illegal marijuana producers