| General Description |
The Act would modify state law to provide that the personal possession of a small quantity of marijuana is no longer a crime. Commerce in cannabis--production, processing, distribution, sales, etc.--would have to be conducted in accordance with the rules and ordinances enacted by the local jurisdictions who elect to regulate and tax the cannabis industry in their respective jurisdictions. |
| How the Act addresses concerns of public safety, public health, and children and minors? |
Section 2(C)2 states that the Act does not affect the application or enforcement of enumerated state laws relating to public health and safety or protection of children, including laws relating to driving while under the influence. Section 3 (11301)(c) authorizes local controls over cultivation, transportation, sales and consumption of cannabis "to strictly prohibit access to cannabis by persons under the age of 21. Section 4 (11361) imposes serious criminal penalties on distribution of cannabis to minors. In other words, no such laws are eased by the Act. |
| Who makes the rules? |
What distinguishes the Act from the myriad of reg & tax schemes that have been proposed is the local option feature, i.e., that cities and counties, and collaborations thereof, will have the right to "opt in" to regulating and taxing commerce in cannabis. If they do not, nothing changes, except for the lifting of criminal penalties for personal possession and cultivation. |
| Is public use allowed? |
The law does not confer any right of public use. However, local governments may by ordinance authorize and regulate public and on-premises consumption. |
| Advertising? |
Section 3 (11301)(h) authorizes local governments to enact "appropriate controls" on licensed premises, including limits on land use, including "protection of adjoining and nearby properties and persons from unwanted exposure, advertising, signs and displays" |
| Edibles? |
“Marijuana” and “cannabis” are defined to include “edible products containing same,” and “every derivative of the plant or resin,” which opens the door to sale of foods and drinks containing cannabis, but only in accordance with the new ordinances, and existing laws relating to the sale of foodstuffs. |
| What is "personal use"? |
Possession of up to one ounce, and "backyard" cultivation on not more than 25 square feet is declared legal and subject to no legal sanction, regardless of where you are in California |
| How are taxes assessed and collected? |
The Act leaves that up to the local governments who elect to tax. |
| What about hemp? |
Section 5(c) authorizes the legislature to regulate the production of "hemp or non-active cannabis for horticultural and industrial purposes." |
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