Proposition 64: Frequently Asked Questions

Learn more about the recent legalization of marijuana in the state of California under Proposition 64 and how it might relate to you.

What does Prop. 64 legalize?

Prop. 64 authorizes the possession, transport, purchase, consumption and sharing of up to one ounce of marijuana and up to eight grams of marijuana concentrates for adults aged 21 and up. Adults may also grow up to six plants at their household out of public view.

How will the adult use of marijuana be regulated?

In October 2015, Governor Jerry Brown signed into law a series of bills that together established the first statewide regulatory system for medical marijuana in California. The adult use of non-medical marijuana will be regulated using the same framework and by the same state agencies provided for in those laws. The Bureau of Marijuana Control will be the centralized office in the Department of Consumer Affairs, with the Departments of Public Health (testing and manufacturing) and Food & Agriculture (cultivation) playing large roles. Supporting roles will be played by other agencies such as the Departments of Fish and Wildlife, Pesticide Regulation, Health Care Services, and the Water Board.

When will California begin issuing licenses?

California’s Bureau of Marijuana Control will begin issuing licenses on January 1, 2018.

Will marijuana be taxed?

There will be a 15 percent retail tax on the purchase of medical and nonmedical marijuana, in addition to state and local sales taxes. Cultivators will also have to pay an excise tax on dried flowers ($9.25 per ounce) and leaves ($2.75 per ounce). Cities and counties may establish a separate tax.

Will Prop. 64 tax patients?

Medical marijuana patients with ID cards will be exempt from state sales tax, but they will still be required to pay the excise tax and any local taxes. Patients currently pay sales tax, but no excise tax.

Does Prop. 64 change medical marijuana laws?

Prop. 64 builds on the legislative medical marijuana bills, and existing laws such as Prop. 215, to strengthen, not limit, medical marijuana protections. Protections added by Prop. 64 include: new privacy protections for patients; preventing cities and counties from banning the home cultivation of marijuana inside an enclosed structure; exempting patients from state sales tax; and prohibiting the lawful conduct or status of a patient from being the sole basis for restricting parental rights.

This information is brought to you by Californians for Responsible Reform, and sponsored by Drug Policy Action. For more information, and the full list of questions, click here!