The Control, Regulate and Tax Adult Use of Marijuana Act

Proposition 64

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

The POST Basic Training Bureau 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

The following In-Service Courses will receive an update to comply with the new requirements of Prop 64:

Upcoming POST Certified Training

The Learning Technology Resources Bureau is developing a DVD training opportunity that will be a perfect fit for roll-call training or a block of your Advanced Officer (in-service) training. The training project is expected to be ready for release in the spring of 2017.