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Your Questions answered, Proposition 64 and the new Marijuana laws


icon  30 Nov, 2016  /  icon  1        Author: Anne Fred

Proposition 64 passed during the 2016 elections. There are those who voted for it while others were opposed to it. Obviously, some of the opponents in this highly-contested bill didn’t go much deeper into the details of what Prop 64 entails.  It affects all Californians: whether you voted for it or not. Everyone is subject to its provisions because it affects all of us in one way or the other. Basically, Proposition 64 is the Adult Use of Marijuana Act (AUMA). In this context, an adult is defined as anyone aged 21 years and above. Before anyone stands out to say anything about it, it would be important to get answers to any concerns that they might be having. The main purpose for its establishment was to seek the legalization of recreational marijuana. Was it all about that? No, the proposition also redefined some of the regulations concerning medical marijuana that has been in use for two decades now. However, there were no major changes on the medical marijuana laws that were first drafted in 1996. Even before and after the elections, medical marijuana patients have continued to buy marijuana without issues.

Is everybody in California ready to take on recreational marijuana? Probably not, as the herb continues to raise questions coming from some cities, employers, weed users and landlords. So, what are the freedoms and limitations contained in the new marijuana laws in California? Other than defining the age of those who can use marijuana for recreational purposes, it also seeks to establish cultivation and sales taxes on marijuana. In a general summary, Proposition 64 provides details of marijuana regulation, control and tax portions. Even though marijuana is legal in California with certain limits, transportation and sales still remains illegal under federal law. Therefore, those seeking clarifications on such grounds can now start getting answers before we delve into other issues. Most important to note is that, counties and cities have the mandate to regulate cannabis sales under decriminalization. Now, let’s looks at who are the key players in these regulation efforts? Well, much of the control and regulation of marijuana in California is done by the state department of consumer affairs and public health together with the California department of food and agriculture. These two departments are involved in the issuance of licenses, tracking and collection of fees.

How about the control of weed?

Anyone with questions on this matter is advised to get in touch with their city attorney in order to get information on specific policies, codes and regulations. An AUMA Facts and Answers Sheet of November 22, 2016 stated that an individual aged 21 years or older can possess, manufacture, buy, transport or give away to people of the same age bracket an amount of marijuana not exceeding 28.5 grams in non-concentrated form and an amount not more than 8 grams of weed concentrates. Should AUMA pass these activities, then they will become legal under the state law and cannot be revoked through local regulations. Suppose there is more than one person using marijuana in the same household, how many plants can they grow at a time? Proposition 64 provides for the cultivation of six plants for each household regardless of the number of people living there. These details need to be gotten right in order to stay safe without contravening the law.

The decriminalization of marijuana does not give room for anyone to smoke it in the public. It will be illegal for anyone to do so. Cities can restrict weed delivery with ordinances adjusted to the three departments of state. Again, any marijuana growing and smoking on private property may be disallowed by a state, agency or landlord. Maybe these are some of the details that were not known to many people. Getting marijuana for sale online is not enough. There are pertinent issues that matter and here and these issues may cause many to stumble. In this regard, landlords have been given the right to decide whether to accommodate medical marijuana smoking on a private property or not. As provided for through AUMA, landlords may not accommodate medical cannabis patients and can opt to follow tobacco restrictions on their properties. These were sentiments shared by the senior vice president, California Apartment Association. It is upon them either to allow it or say no to it.

t seems that a lot more discussions will continue to be held for everybody to understand what the new marijuana laws dictate. As the masses seek answers to their questions, Proposition 64 advocates will continue to demystify every detail contained in the new laws. From the look of things, it will take some time before the full benefits of the reforms are realized. However, matters will get settled in the near future as experts continue to shed light on the laws.

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