2016 California Proposition 64

Last updated
Proposition 64
Flag of California.svg
Marijuana Legalization
Legalizes marijuana under state law, for use by adults 21 or older. Imposes state taxes on sales and cultivation. Provides for industry licensing and establishes standards for marijuana products. Allows local regulation and taxation. Fiscal Impact: Additional tax revenues ranging from high hundreds of millions of dollars to over $1 billion annually, mostly dedicated to specific purposes. Reduced criminal justice costs of tens of millions of dollars annually.
Results
Choice
Votes %
Check-71-128-204-brightblue.svgYes7,979,04157.13%
Light brown x.svgNo5,987,02042.87%
Valid votes13,966,06195.59%
Invalid or blank votes644,4484.41%
Total votes14,610,509100.00%
Registered voters/turnout19,411,77175.27%
2016 California Proposition 64 results map by county.svg
Source: California Secretary of State [1]

The Adult Use of Marijuana Act (AUMA) (Proposition 64) was a 2016 voter initiative to legalize cannabis in California. The full name is the Control, Regulate and Tax Adult Use of Marijuana Act. [2] The initiative passed with 57% voter approval and became law on November 9, 2016, [3] [4] leading to recreational cannabis sales in California by January 2018.

Contents

History

Possession or sale of cannabis in the United States is prohibited by federal law. In 1970, President Richard Nixon signed the Controlled Substances Act, establishing marijuana as a Schedule I drug, the strictest level of prohibition. Voters then rejected California Proposition 19 (1972), which sought to remove the criminalization of marijuana under California law. [5] In 1976, Governor Jerry Brown signed the Moscone Act, which reduced the penalty for possession of marijuana from a felony to a misdemeanor.

Voters passed California Proposition 215 (1996), making California the first state to legalize medical cannabis in the United States. [6] In United States v. Oakland Cannabis Buyers' Cooperative (2001), the Supreme Court of the United States found that California's medical prescription providers were still subject to criminal prosecution. [7] In Gonzales v. Raich (2005), the U.S. Supreme Court found that Congress's interstate commerce clause power allowed it to prohibit an Oroville, California, woman, who was following California law, from growing and consuming marijuana entirely inside her home. [8]

In September 2010, Governor Arnold Schwarzenegger signed legislation reducing possession of marijuana from a criminal misdemeanor to a civil infraction. In November voters rejected California Proposition 19 (2010), which would have legalized recreational marijuana use, imposed no state taxes, and allowed employers to fire an employee for workplace use of marijuana only after showing it had caused impaired work. [9]

In 2012, voters passed Washington Initiative 502 and Colorado Amendment 64, which legalized recreational marijuana use in those states. Two other states followed later in 2014, when voters passed Oregon Ballot Measure 91 (2014) and Alaska Measure 2 (2014). In July 2015, Lieutenant Governor Gavin Newsom, the American Civil Liberties Union, and Stanford University faculty released the final report of the Blue Ribbon Commission on Marijuana Policy, which recommended regulations for recreational marijuana use in California. [10]

On November 4, 2014, California Proposition 47 was passed. Also known as the Safe Neighborhood and Schools Act, Proposition 47 made the punishment for the possession of controlled substances in the state of California drop down from a felony to misdemeanor. [11] This law's reclassification of possession related felonies as misdemeanors made it possible for those priorly convicted to petition their felony charges which for some means shorter sentences and others less restrictive charges on their record. [12]

On May 4, 2016, the group sponsoring the initiative announced that it had collected over 600,000 signatures for the proposal; enough to get it on the 2016 ballot. [13] [14] On June 28, the measure was certified by the Secretary of State for the November ballot. [15] On July 1, the Secretary of State released a list of propositions with AUMA listed as Proposition 64, then later in the day renumbered it to 63; and, on July 2, released a final list restoring it to Proposition 64. [16]

Content

According to California Legislative Analyst's Office, the measure changes California law to legalize the possession, cultivation, and sale of marijuana. Individuals over age 21 are allowed to possess, cultivate, and sell marijuana; the state regulates commercial activities related to commerce for recreational use; a 15% excise tax and an additional $9.25 per ounce of flower or $2.75 per ounce of leaf will be collected; and possession and cultivation of certain amounts for personal use is legalized statewide. [17]

The Adult Use of Marijuana Act (AUMA) (Proposition 64) provides an array of opportunities ranging from economic stimulation of several markets and industries to financial relief of the criminal justice system, which are over-burdened with backlogged and pending cases for non-violent cannabis offenders. [18] Revenue paid into the new California Marijuana Tax Fund will allocate 60% of outflows to youth programs, 20% to environmental damage clean-up, and 20% to public safety. [17]

Under Prop 64, new state regulation laws will require stringent product development systems to establish distributional industry standards regarding testing, packaging, and labeling. [19]

Prop 64's new state regulations provide a platform for a fully transparent, highly efficient seed-to-sale tracking system through the newly created State Regulatory Agency—the Bureau of Marijuana Control—formerly known as the Bureau of Medical Cannabis Regulation. [20]

Additionally, the Medical Marijuana Industry will be regulated by several other state agencies: the California Department of Food and Agriculture (to license and regulate marijuana cultivation); the California Department of Public Health (to license and monitor manufacturing of marijuana edibles); the California State Water Resources Control Board (to "regulate the environmental impacts of marijuana growing on water quality"); the California Department of Fish and Wildlife (to regulate cultivation-related impacts on local environments); and the California Department of Pesticide Regulation (to regulate nutrients and pesticides utilized for marijuana cultivation). [19]

AUMA allows adults to possess up to an ounce of marijuana. [21] Adults are also allowed to cultivate up to six marijuana plants inside their homes. [21] Marijuana packaging is now required to provide the net weight, origin, age, and type of the product, as well as the milligram amount per serving of tetrahydrocannabinol, cannabidiol, and other cannabinoids, and if any pesticides were used during cultivation. [21]

Smoking marijuana in public is subject to a $100 fine. [21] Driving under the influence of marijuana remains illegal, although some California Highway Patrol officers are concerned that they will be unable to identify intoxicated drivers. [22] The penalty for unlicensed sale of marijuana is now reduced from four years in state prison to six months in county jail. [17]

Businesses selling marijuana require a license from the state-level Bureau of Marijuana Control, and local governments decide permits for businesses to allow on-site consumption. [17] Marijuana shops are prohibited from the sale or consumption of alcohol or tobacco. [17] Local governments are allowed to completely ban marijuana-related businesses. [17]

Reactions and analysis

State financial analysts estimated Proposition 64 could increase tax revenue by hundreds of millions to one billion dollars. [23] Independent analysts estimated the measure would reduce state and local government expenditures by tens of millions of dollars. [23]

California NORML endorsed the initiative as of March 2016, saying "as well as one of the world's largest economies, California is arguably the most important state to consider marijuana legalization this year." [24] [25] California has the biggest legal cannabis market in the United States due to high population density and high cultivation rates. [26]

Ballotpedia called the measure "a clear leader and the most likely to reach the ballot in November 2016". [27]

The Los Angeles Times stated in February, 2016 that the measure was one of 20 legalization initiatives for the 2016 ballot and was the "clear favorite to make the November ballot" due to support from individual donors and well-funded advocacy groups. [28] Billionaire Sean Parker donated $1 million to the effort to get the measure on the ballot, [29] and Weedmaps donated $500,000. [30]

Newsweek stated the success of the initiative would be influential given California's national importance as a "regulatory laboratory", [31] and Reason magazine stated it was poised to approximately triple the number of U.S. residents living in states with legalization. [32] Deseret News (Salt Lake City) expressed concern over a "potential problem when it comes to minorities and recreational marijuana" if the measure passed. Deseret News cited an NPR report from Colorado to conclude that in California, white youth arrests could fall faster than those of minorities, or minority arrests could even increase due to lack of minority access to legal sales and nonwhite ownership of cannabis businesses, worsening the effect of "systemic racism" in pursuing drug crime. [33]

The emerging legal marijuana industry is overwhelmingly white-owned and white-dominated and provides good access to white customers," he says. "So one possibility is that that leaves the illegal market disproportionately composed of people of color, both the buyers and the sellers.

—  Keith Humphreys, Stanford University, Morning Edition (NPR) [34]

California Proposition 64 helps to remedy marijuana related incarceration rates considerably. However, some argue that the passing of the MORE Act is a necessary next step down the path of decriminalization of the substance, as it would remove cannabis from the controlled substances list and declassify marijuana as a schedule 1 drug. [35]

The MORE Act could potentially help to remedy some of the racial disparities within America's criminal justice system that proposition 64 does not address. According to Forbes roughly 40000 remain behind bars due to cannabis related charges as of 2020. [36] With the racial gap widening over the past 20 years after the War On Drugs campaign took off, a jump from 3:1 to 5:1 between Black and White incarceration rates occurred. [11] In 2014, black people made up roughly 14% of the 127,000 drug charges in California. [11]

While Proposition 64 decriminalizes the possession of up to 1 ounce of marijuana, the effects are not immediately felt by those with charges made prior to the passing of this law. [37] Those with prior convictions must still petition for shorter sentences, release, or a change from felony to misdemeanor on their records. [38]

The MORE Act calls for a more transparent system in regards to cannabis companies employer/employee demographics which might help to mitigate issues of monopolization within California's cannabis industry that arouse after proposition 64 was passed in 2016. [35]

Supporters

The California Medical Association endorsed the measure in February 2016. [39] United States Representative Dana Rohrabacher, a Republican, endorsed AUMA in late April 2016. [40] Presidential candidate Bernie Sanders indicated his support for AUMA while campaigning in California in May 2016. [41] [42] [43] The California Democratic Party endorsed AUMA in June 2016. [44] On July 21, 2016, The Sacramento Bee reported that Gov. Gary Johnson, Libertarian candidate for President, endorsed California's initiative to legalize marijuana. [45] Former Speaker of the House Nancy Pelosi endorsed it a few days before the election, becoming "one of the highest ranking politicians ... openly supporting legalization". [46]

Proponents spent $24.7 million fighting for the measure, with the top contribution being $8.8 million from Sean Parker and affiliates. [23] The measure was supported by the editorial boards of the Los Angeles Times [47] and the San Francisco Chronicle. [48]

Opponents

A number of organizations like the California Association of Highway Patrolmen, the California Hospitals Association, and the Automobile Club of Southern California expressed opposition to the initiative. [49] [50] The California Teamsters Union switched their position to neutral after contributing a relatively large amount to the opposition campaign. [51] According to Capital Public Radio, a Sacramento Superior Court judge ordered the ballot's official arguments to be rewritten, after U.S. Senator Dianne Feinstein's claim that Proposition 64 would allow marijuana advertising on primetime television was debunked as "mostly false" by PolitiFact.com. [52]

Opponents spent $1.6 million fighting the measure. [23] The measure was opposed by the editorial board of The Sacramento Bee. [53]

Public opinion

Public opinion on the legalization of recreational marijuana in California
Poll sourceDate(s)
administered		Sample
size		Margin of
error		 % support % opposition % Undecided/Don't Know
Insights West Archived 2016-11-08 at the Wayback Machine November 4–6, 2016401 LV± 4.9%55%39%5%
SurveyUSA October 28–31, 2016747 LV and EV± 3.6%54%39%6% [note 1]
Field/YouGov October 25–31, 2016998 LVN/A57%40%3%
Public Policy Institute of California October 14–23, 20161024 LV± 4.3%55%38%6%
SurveyUSA October 13–15, 2016725 LV and EV± 3.6%51%40%8% [note 2]
CalSpeaks Sacramento State October 7–13, 2016622 LV± 7%60%30%10%
Hoover Institution/YouGov October 4–14, 20161247 LV± 3.28%56%34%10%
SurveyUSA September 27–28, 2016751 LV± 3.6%52%41%6% [note 3]
Insights West Archived 2016-09-30 at the Wayback Machine September 12–14, 2016515 LV± 4.3%64%30%6%
Public Policy Institute of California September 9–18, 20161055 LV± 4.5%60%36%4%
SurveyUSA September 8–11, 2016712 LV± 3.7%52%40%8%
Field/YouGov September 7–13, 2016942 LVN/A60%31%9%
Smith Johnson Research August 17–19, 2016500 LV± 4.4%56%40%5%
Probolsky Research August 5–8, 20161020 LV± 3.1%61.8%34.9%3.3%
Institute of Governmental Studies June 29–July 18, 20163020 RVN/A63.8%36.2%0%
Public Policy Institute of California May 13–22, 2016996 LV± 4.3%60%37%3%
1704 AV± 3.3%55%43%3%
Probolsky Research February 11–14, 20161000 LV± 3.1%59.9%36.7%3.4%
Public Policy Institute of California May 17–27, 20151048 LV± 4.6%56%41%3%
1706 AV± 3.6%54%44%2%

Removal of past cannabis infractions

On January 31, 2018, San Francisco District Attorney George Gascón announced his department would begin to retroactively apply Proposition 64 to misdemeanor and felony marijuana convictions dating back to 1975, recalling and re-sentencing up to 4,940 felony marijuana convictions and dismissing and sealing 3,038 misdemeanors. [54] Los Angeles and San Joaquin counties announced in April plans to automatically clear about 54,000 marijuana-related convictions. [55] The national non-profit Code for America developed the technology and process to automate the dismissing and sealing of these records, which they first piloted with the San Francisco District Attorney's office, and subsequently extended to Los Angeles, San Joaquin, and Sacramento counties. In 2019, Code for America released an open source playbook and software that made every California county able to dismiss and seal records eligible for expungement under Prop 64 automatically, in bulk.

See also

Notes

  1. ↑ 6 likely or early voters, or 1% of the sample (with rounding), stated that they would not vote on Proposition 64.
  2. ↑ 6 likely or early voters, or 1% of the sample (with rounding), stated that they would not vote on Proposition 64.
  3. ↑ 4 likely voters, or 1% of the sample (with rounding), stated that they would not vote on Proposition 64.

Related Research Articles

<span class="mw-page-title-main">Legal history of cannabis in the United States</span>

In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.

<span class="mw-page-title-main">Drug policy of California</span> Overview of the drug policy of the U.S. state of California

Drug policy of California refers to the policy on various classes and kinds of drugs in the U.S. state of California. Cannabis possession has been legalized with the Adult Use of Marijuana Act, passed in November 2016, with recreational sales starting January of the next year. With respect to many controlled substances, terms such as illegal and prohibited do not include their authorized possession or sale as laid out by applicable laws.

<span class="mw-page-title-main">Cannabis in Oregon</span> Use of cannabis in Oregon

Cannabis in Oregon is legal for both medical and recreational use. In recent decades, the U.S. state of Oregon has had a number of legislative, legal, and cultural events surrounding use of cannabis. Oregon was the first state to decriminalize the possession of small amounts of cannabis, and among the first to authorize its use for medical purposes. An attempt to recriminalize possession of small amounts of cannabis was turned down by Oregon voters in 1997.

<span class="mw-page-title-main">Cannabis in California</span> Legality, use and culture of medical and recreational cannabis in California

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<span class="mw-page-title-main">2012 Oregon Ballot Measure 80</span> Cannabis-related ballot initiative

Oregon Ballot Measure 80, also known as the Oregon Cannabis Tax Act, OCTA and Initiative-9, was an initiated state statute ballot measure on the November 6, 2012 general election ballot in Oregon. It would have allowed personal marijuana and hemp cultivation or use without a license and created a commission to regulate the sale of commercial marijuana. The act would also have set aside two percent of profits from cannabis sales to promote industrial hemp, biodiesel, fiber, protein, and oil.

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<span class="mw-page-title-main">Cannabis in Arkansas</span> Legal status

Cannabis in Arkansas is illegal for recreational use. First-time possession of up to four ounces (110 g) is punished with a fine of up to $2,500, imprisonment of up to a year, and a mandatory six month driver's license suspension. Medical use was legalized in 2016 by way of a ballot measure to amend the state constitution.

<span class="mw-page-title-main">Cannabis in North Dakota</span> Legality, use and culture of cannabis in the U.S. state of North Dakota

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<span class="mw-page-title-main">Cannabis in Nevada</span> Legality of marijuana in Nevada

Cannabis in Nevada became legal for recreational use on January 1, 2017, following the passage of Question 2 on the 2016 ballot with 54% of the vote. The first licensed sales of recreational cannabis began on July 1, 2017.

<span class="mw-page-title-main">Cannabis in Arizona</span> Overview of the use and culture of cannabis in Arizona, U.S.

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<span class="mw-page-title-main">Cannabis in North Carolina</span> Legality, use and culture of cannabis in the U.S. state of North Carolina

Cannabis in North Carolina is illegal for any use except for very limited medical usage, though decriminalized for possession of 0.5 ounces or less for individuals with three or fewer misdemeanor convictions.

<span class="mw-page-title-main">Cannabis in Missouri</span> Legality, use and culture of cannabis in the U.S. state of Missouri

Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use, Amendment 3, passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.

<span class="mw-page-title-main">Cannabis in Ohio</span> Legality, use and culture of cannabis in the U.S. state of Ohio

Cannabis in Ohio is legal for recreational use. Issue 2, a ballot measure to legalize recreational use, passed by a 57–43 margin on November 7, 2023. Possession and personal cultivation of cannabis became legal on December 7, 2023, with the first licensed sales yet to occur under the law. Prior to legalization, Ohio decriminalized possession of up 100 grams in 1975, with several of the state's major cities later enacting further reforms.

<span class="mw-page-title-main">Cannabis in Washington, D.C.</span> Legality, use and culture of cannabis in Washington, D.C.

In Washington, D.C., cannabis is legal for both medical use and recreational use for possession, personal use, cultivation, transportation and gifting, and for retail sale once a regulatory system is implemented following an affirmative vote by the residents on a 2014 ballot initiative. The United States Congress exercises oversight over the government of the District of Columbia, preventing the local government from regulating cannabis sales like other jurisdictions with authority derived from a U.S. state.

<span class="mw-page-title-main">Cannabis in Michigan</span> Legality, use and culture of cannabis in the U.S. state of Michigan

Cannabis in Michigan is legal for recreational use. A 2018 initiative to legalize recreational use passed with 56% of the vote. State-licensed sales of recreational cannabis began in December 2019.

<span class="mw-page-title-main">2020 Arizona Proposition 207</span> Initiative to legalize recreational marijuana in Arizona

Arizona Proposition 207 was a voter initiative that appeared on the November 3, 2020, Arizona general election ballot to legalize cannabis for recreational use. Passing with 60% of the vote, the initiative legalized the possession of up to an ounce of cannabis, licensed sales at dispensaries, and personal cultivation of up to six plants. Along with Montana, New Jersey and South Dakota, Arizona is one of four states that legalized recreational marijuana via ballot measures in 2020.

References

  1. ↑ "Statement of Vote - November 8, 2016, General Election". December 16, 2016. Retrieved January 7, 2017.
  2. ↑ Olson Hagel & Fishburn LLP (December 7, 2015), Initiative documents for the Control, Regulate and Tax Adult Use of Marijuana Act (amended) (PDF), 15-0103 – via California Office of the Attorney General
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  4. ↑ Will Houston (November 7, 2016), "Know your rights post-Prop. 64", Eureka Times-Standard, archived from the original on November 9, 2016, retrieved November 9, 2016
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  6. ↑ "California Proposition 215, the Medical Marijuana Initiative (1996)". Ballotpedia . Retrieved 4 November 2016.
  7. ↑ United States v. Oakland Cannabis Buyers' Cooperative, 532 U.S. 483 (2001).
  8. ↑ Gonzales v. Raich, 545 U.S. 1 (2005).
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  10. ↑ "Final Report on Marijuana Policy is Full with Recommendations". American Civil Liberties Union of Northern California. 22 July 2016. Retrieved 4 November 2016.
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  29. ↑ Dennis Romero (April 20, 2016), "Recreational Pot Legalization Gets Closer to the Ballot", LA Weekly
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  31. ↑ Katy Steinmetz (March 17, 2015), "These Five States Could Legalize Marijuana in 2016", Newsweek
  32. ↑ Jacob Sullum (May 4, 2016), "California Marijuana Initiative Seems to Have Plenty of Signatures–Recent polls indicate that legalization also has plenty of public support", Reason
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  34. ↑ Ben Markus (June 29, 2016), "As Adults Legally Smoke Pot In Colorado, More Minority Kids Arrested For It", Morning Edition , NPR
  35. 1 2 Nadler, Jerrold (2022-04-04). "H.R.3617 - 117th Congress (2021-2022): Marijuana Opportunity Reinvestment and Expungement Act". www.congress.gov. Retrieved 2022-05-29.
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  41. ↑ Kurtis Lee (May 27, 2016), "On the stump, Bernie Sanders makes pitch for legal pot in California", The Los Angeles Times
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  43. ↑ Jessie Hellmann (May 28, 2016), "Sanders: I would vote to legalize marijuana in California", The Hill , Washington, D.C.
  44. ↑ Christopher Cadelago (June 20, 2016), "California's largest political party just endorsed legalizing marijuana", The Sacramento Bee
  45. ↑ Christopher Cadelago (July 21, 2016), "Libertarian Gary Johnson says he backs California pot legalization", The Sacramento Bee
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  49. ↑ Brooke Edwards Staggs (May 27, 2016), "Initiative to legalize recreational marijuana in California is on track", Orange County Register[ permanent dead link ]
  50. ↑ Auto Club Urges Against Legalizing Marijuana In California, CBS Local Media (Los Angeles), October 5, 2016
  51. ↑ Bergman, Ben (11 July 2016). "Why the Teamsters changed their stance on legalizing pot in California". KPCC . Retrieved 5 November 2016.
  52. ↑ Nichols, Chris (5 August 2016). "Feinstein's claim about marijuana ads on 'prime time' TV goes up in smoke". PolitiFact.com . Retrieved 4 November 2016.
  53. ↑ The Editorial Board of the Sacramento Bee (17 September 2016). "Slick Proposition 64 is bad for public health". The Sacramento Bee . Retrieved 20 October 2016.
  54. ↑ "District Attorney George Gascón Applies Proposition 64 Retroactively to Every Marijuana Case Since 1975". Archived from the original on 2018-02-03. Retrieved 2018-02-03.
  55. ↑ Tchekmedyian, Alene (April 1, 2019). "Prosecutors move to clear 54,000 marijuana convictions in California". Los Angeles Times . Retrieved 2019-04-01.
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