http://www.lao.ca.gov/ballot/2010/19_11_2010.pdfState Legalization of Marijuana Possession and Cultivation for Personal Use
Under the measure, persons age 21 or older generally may (1) possess, process, share
or transport up to one ounce of marijuana; (2) cultivate marijuana on private property
in an area up to 25 square feet per private residence or parcel; (3) possess harvested and
living marijuana plants cultivated in such an area; and (4) possess any items or
equipment associated with the above activities. The possession and cultivation of
marijuana must be solely for an individual’s personal consumption and not for sale to
others, and consumption of marijuana would only be permitted in a residence or other
“non-public place.” (One exception is that marijuana could be sold and consumed in
licensed establishments, as discussed below.) The state and local governments could
also authorize the possession and cultivation of larger amounts of marijuana.
State and local law enforcement agencies could not seize or destroy marijuana from
persons in compliance with the measure. In addition, the measure states that no
Legislative Analyst’s Office individual could be punished, fined, or discriminated against for
engaging in any conduct permitted by the measure. However, it does specify that employers would
retain existing rights to address consumption of marijuana that impairs an employee’s
job performance.
This measure sets forth some limits on marijuana possession and cultivation for
personal use. For example, the smoking of marijuana in the presence of minors is not
permitted. In addition, the measure would not change existing laws that prohibit
driving under the influence of drugs or that prohibit possessing marijuana on the
grounds of elementary, middle, and high schools. Moreover, a person age 21 or older
who knowingly gave marijuana to a person age 18 through 20 could be sent to county
jail for up to six months and fined up to $1,000 per offense. (The measure does not
change existing criminal laws which impose penalties for adults who furnish marijuana
to minors under the age of 18.)
Authorization of Commercial Marijuana Activities
The measure allows local governments to authorize, regulate, and tax various
commercial marijuana-related activities. As discussed below, the state also could
authorize, regulate, and tax such activities.
Regulation. The measure allows local governments to adopt ordinances and
regulations regarding commercial marijuana-related activities—including marijuana
cultivation, processing, distribution, transportation, and retail sales. For example, local
governments could license establishments that could sell marijuana to persons 21 and
older. Local governments could regulate the location, size, hours of operation, and signs
and displays of such establishments. Individuals could transport marijuana from a
licensed marijuana establishment in one locality to a licensed establishment in another
locality, regardless of whether any localities in between permitted the commercial
production and sale of marijuana. However, the measure does not permit the
transportation of marijuana between California and another state or country. An
individual who was licensed to sell marijuana to others in a commercial establishment
and who negligently provided marijuana to a person under 21 would be banned from
owning, operating, being employed by, assisting, or entering a licensed marijuana
establishment for one year. Local governments could also impose additional penalties
or civil fines on certain marijuana-related activities, such as for violation of a local
ordinance limiting the hours of operation of a licensed marijuana establishment.
Whether or not local governments engaged in this regulation, the state could, on a
statewide basis, regulate the commercial production of marijuana. The state could also
authorize the production of hemp, a type of marijuana plant that can be used to make
products such as fabric and paper.
Taxation.
The measure requires that licensed marijuana establishments pay all
applicable federal, state, and local taxes and fees currently imposed on other similar
businesses. In addition, the measure permits local governments to impose new general,
excise, or transfer taxes, as well as benefit assessments and fees, on authorized
marijuana-related activities. The purpose of such charges would be to raise revenue for
Legislative Analyst’s Officelocal governments and/or to offset any costs associated with
marijuana regulation. Inaddition, the state could impose similar charges.