The Control, Regulate and Tax Adult Use of Marijuana Act
On November 8, 2016, the majority of California voters passed Proposition 64 – The Control, Regulate and Tax Adult Use of Marijuana Act (Prop 64). The proposition becomes law immediately. California now joins several states including Washington, Oregon, and Colorado where 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.
Proposition 64 Updates to the Regular Basic Course
POST conducted a SME workshop to update Learning Domain 12 (Controlled Substances) in the Regular Basic Course (RBC) to be compliant with Prop 64.
Proposition 64 Updates to In-Service Courses
POST’s “Marijuana Initiative” training video is designed to prepare California law enforcement professionals for the enforcement and investigation of laws pertaining to the sale, possession and use of cannabis under Prop 64. Officers will have a greater understanding of the changes in the laws allowing for the lawful adult use of marijuana, will recognize their important role, and how best to enforce those activities that remain unlawful in relation to the use of cannabis. The training video includes segments on possession and use, cultivation, search and seizure, interview and investigation, impaired driving, and policing the business.
The DVD-ROM video program offers group or individual trainee viewing modes and includes printable instructor and trainee documents for either group-facilitated or individual instruction. Additional DVD copies may be ordered online using the POST Video Catalog.
POST’s short, roll-call length Adult-Use Cannabis awareness video is available to view or download on the POST Website or the POST Learning Portal. 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.