Prop 64

Type: Terms

The Adult Use of Marijuana Act (AUMA) (Proposition 64) was a 2016 voter initiative to legalize cannabis in California. The full name is the Control, Regulate and Tax Adult Use of Marijuana Act. California Proposition 64 was passed by voters in 2016 and stated that the state must legalize the sale and purchase of cannabis for recreational purposes.

The initiative passed with 57% voter approval and became law on November 9, 2016, leading to recreational cannabis sales in California by January 2018.

Effective November 9, 2016, Proposition 64 legalized specified personal use and cultivation of marijuana for adults 21 years of age or older; reduced criminal penalties for specified marijuana-related offenses for adults and juveniles; and authorized resentencing or dismissal and sealing of prior, eligible marijuana-related convictions. The proposition includes provisions on regulation, licensing, and taxation of legalized use.

The personal possession and use of marijuana is decriminalized. Prop 64 permits adults 21 years of age and over to possess and grow specified amounts of marijuana for recreational use. Prop 64 does not alter the Compassionate Use Act (Prop 215) or the Medical Marijuana Regulation and Safety Act (MMRSA).

Prop 64 added and amended sections to the Penal Code, Business and Professions Code, Health and Safety Code, and the Revenue and Taxation Code. These changes will have an impact on enforcement decisions by California peace officers and prosecutors. Possession of recreational marijuana will still be a crime if in violation of one of the newly added Health and Safety Code Sections, but the penalties have been reduced.

Pursuant to Health and Safety Code Section 11362.1(c), marijuana and its products involved in any way with conduct deemed lawful by this section are not contraband and not subject to seizure. Additionally, conduct deemed lawful by this section cannot constitute a basis for detention, search, or arrest.

Prop 64 does not amend code sections pertaining to the sale of marijuana to minors, the employment of minors to sell marijuana, or the illegal manufacture of concentrated cannabis. Additionally, Prop 64 does not amend Health and Safety Code Section 11470(f), relating to asset forfeiture in 11359 and 11360 cases.

As part of the “Did You Know?” series, this video reminds officers of the new adult-use cannabis law and breaks down any misconceptions that “it’s just weed” by emphasizing four key points

  • Recreational use of cannabis in public is still illegal
  • Car searches for cannabis are still legal with specific articulable facts,
  • Standardized Field Sobriety Tests still determine impairment
  • Cannabis chemicals are still dangerous to the environment and to people.