Prop 64 Summary
Seed to Sale Summary
When will it take effect?
Adult use sales of marijuana will begin Jan. 1, 2018, but consuming marijuana became legal as of 12:01 a.m. Wednesday Nov 9, 2016.
What is it and who regulates it?
Prop 64 legalizes marijuana under state law, for use by adults 21 or older. It imposes state taxes on sales and cultivation of marijuana in California. Prop64 provides for industry licensing and establishes standards for marijuana products. The prop also allows local regulation and taxation.
Regulation will remain under the division originally appointed for medical marijuana.
The Bureau of Medical Marijuana Regulation established in Section 19302 in Chapter 3.5 of Division 8 is renamed the Bureau of Marijuana Control.
The Department o f Consumer Affairs has the exclusive authority to create, issue, renew, discipline, suspend, or revoke licenses for the transportation, storage unrelated to manufacturing activities, distribution, and sale of marijuana within the state.
The Department of Food and Agriculture shall administer the provisions of this division related to and associated with the cultivation of marijuana. The Department of Food and Agriculture will also have the authority to create, issue, and suspend or revoke cultivation licenses for violations of this division.
The Department of Public Health will administer the provisions o f this division related to and associated with the manufacturing and testing of marijuana. The Department of Public Health will also have the authority to create, issue, and suspend or revoke manufacturing and testing licenses for violations of this division.
What will the restrictions for recreational marijuana?
Cannabis sales will be similar to that of alcohol. Consumption is limited to people 21 or older and forbidden in most public spaces. Cannabis Businesses will be licensed and production and sales will be highly regulated and heavily taxed.
How much marijuana can you have?
Prop 64 will allow California residents, 21 years and older, to legally possess up to an ounce (28grams) of cannabis and grow six marijuana plants at home.
Will product be tested?
Yes, all product sold will require certification from a licensed lab confirming cannabinoid contents, terpenes and for solvents.
(A) Tetrahydrocannabinol (THC).
(B) Tetrahydrocannabinolic Acid (THCA).
(C) Cannabidiol (CED).
(D) Cannabidiolic Acid (CBDA).
(E) The terpenes described in the most current version of the cannabis inflorescence monograph published by the American Herbal Pharmacopoeia.
(F) Cannabigerol (CBG).
(G) Cannabinol (CBN).
Labs will be enable consumer protection by regulating
(A) Residual solvent or processing chemicals, including explosive gases, such as Butane, propane, 02 or H2, and poisons, toxins, or carcinogens, such as Methanol, Iso-propyl Alcohol, Methylene Chloride, Acetone, Benzene, Toluene, and Tri-chloro-ethylene.
(B)Foreign material, including, but not limited to, hair, insects, or similar or related adulterant.
(C) Microbiological impurity, including total aerobic microbial count, total yeast mold count, P. aeruginosa, aspergillus spp., s. aureus, aflatoxin Bl, B2, GI, or G2, or ochratoxin
And residual levels of volatile organic compounds shall satisfy standards of the cannabis inflorescence monograph set by the United States Pharmacopeia (USP. Chapter 467).
The testing required will be performed in a manner consistent with general requirements for the competence of testing and calibrations activities, including sampling, using standard methods established by the International Organization for Standardization, specifically ISOIIEC 17020 and ISOIIEC 17025 to test marijuana and marijuana products that are approved by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Agreement.
Licensees will be required to track inventory demonstrating a specified chain of custody protocol and any other requirements for controlling the distribution of marijuana in California.
How will product be packaged?
According to Prop 64 "Prior to delivery or sale at a retailer, marijuana and marijuana products shall be labeled and placed in a resealable, child resistant package. And
Packages and labels shall not be made to be attractive to children. And
All marijuana and marijuana product labels and inserts shall include the following information prominently displayed in a clear and legible fashion in accordance with the requirements, including font size, prescribed by the bureau or the Department of Public Health:
(I) Manufacture date and source. (2) The following statements, in bold print: (A) For marijuana: "GOVERNMENT WARNING: THIS PACKAGE CONTAINS MARIJUANA, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. MARIJUANA MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT MARIJUANA USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF MARIJUANA IMP AIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY PLEASE USE EXTREME CAUTION" (B) For marijuana products: "GOVERNMENT WARNING: THIS PRODUCT CONTAINS MARIJUANA, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. MARIJUANA PRODUCTS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT THE INTOXICATING EFFECTS OF MARIJUANA PRODUCTS MAY BE DELAYED UP TO TWO HOURS. MARIJUANA USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF MARIJUANA PRODUCTS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY PLEASE USE EXTREME CAUTION" (3) For packages containing only dried flower, the net weight of marijuana in the package. (4) Identification of the source and date of cultivation, the type of marijuana or marijuana product and the date of manufacturing and packaging. (5) The appellation of origin, if any. (6) List of pharmacologically active ingredients, including, but not limited to, tetrahydrocannabinol (THC), cannabidiol (CED), and other cannabinoid content, the THC and other cannabinoid amount in milligrams per serving, servings per package, and the THC and other cannabinoid amount in milligrams for the package total, and the potency of the marijuana or marijuana product by reference to the amount of tetrahydrocannabinol and cannabidiol in each serving. (7) For marijuana products, a list of all ingredients and disclosure of nutritional information in the same manner as the federal nutritional labeling requirements in 21 C.F.R. section 101.9. (8) A list of any solvents, nonorganic pesticides, herbicides, and fertilizers that were used in the cultivation, production, and manufacture of such marijuana or marijuana product. (9) A warning if nuts or other known allergens are used. (I 0) Information associated with the unique identifier issued by the Department of Food and Agriculture. (11) Any other requirement set by the bureau or the Department of Public Health.( d) Only generic food names may be used to describe the ingredients in edible marijuana products. (e) In the event the bureau determines that marijuana is no longer a schedule I controlled substance under federal law, the label prescribed in subdivision (c) shall no longer require a statement that marijuana is a schedule I controlled substance.
Deffinitions
Helpful Vocabulary
For the purposes of Prop64, the following definitions shall apply:
(a) "Applicant" means the following:
(1)The owner or owners of a proposed licensee. "Owner"means all persons having(A)an aggregate ownership interest (other than a security interest, lien, or encumbrance) of20 percent or more in the licensee and (B) the power to direct or cause to be directed, the management or control of the licensee.
(2) If the applicant is a publicly traded company, "owner" includes the chief executive officer and any member of the board of directors and any person or entity with an aggregate ownership interest in the company of20 percent or more. If the applicant is a nonprofit entity, "owner" means both the chief executive officer and any member of the board of directors.
(b) "Bureau" means the Bureau ofMarijuana Control within the Department ofConsumer Affairs.
(c) "Child resistant" means designed or constructed to be significantly difficult for children under five years ofage to open, and not difficult for normal adults to use properly.
(d) "Commercial marijuana activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of marijuana and marijuana products as provided for in this division.
(e) "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
(!) "Customer" means a natural person 21 years of age or over.
(g) "Day care center" shall have the same meaning as in Section 1596. 76 o f the Health and Safety Code.
(h) "Delivery" means the commercial transfer of marijuana or marijuana products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under this division, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.
(i) "Director" means the Director of the Department ofConsumer Affairs.
(j) "Distribution" means the procurement, sale, and transport of marijuana and marijuana products between entities licensed pursuant to this division.
(k) "Fund" means the Marijuana Control Fund established pursuant to Section 26210.
(l) "Kind" means applicable type or designation regarding a particular marijuana variant or marijuana product type, including, but not limited to, strain name or other grower trademark, or growing area designation.
(m) "License" means a state license issued under this division.
(n) "Licensee " means any person or entity holding a license under this division.
(o) "Licensing authority" means the state agency responsible for the issuance, renewal, or reinstatement of the license, or the state agency authorized to take disciplinary action against the· licensee.
(p) "Local jurisdiction" means a city, county, or city and county.
(q) "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.
(r) "Manufacturer" means a person that conducts the production, preparation, propagation, or compounding of marijuana or marijuana products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages marijuana or marijuana
products or labels or re-labels its container, that holds a state license pursuant to this division. (s) "Marijuana" has the same meaning as in Section 11018 ofthe Health and Safety Code, except that it does not include marijuana that is cultivated, processed, transported, distributed, or sold for medical purposes under Chapter 3.5 ofDivision 8.
(t) "Marijuana accessories" has the same meaning as in Section 11018.2 of the Health and Safety Code.
(u) "Marijuana products" has the same meaning as in Section 11018.1 of the Health and Safety Code, except that it does not include marijuana products manufactured, processed, transported, distributed, or sold for medical purposes under Chapter 3.5 ofDivision 8.
(v) "Nursery" means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation o f marijuana.
(w) "Operation" means any act for which licensure is required under the provisions of this division, or any commercial transfer of marijuana or 1narijuana products.
(x) "Package" means any container or receptacle used for holding marijuana or marijuana products.
(y) "Person" includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
(z) "Purchaser" means the customer who is engaged in a transaction with a licensee for purposes of obtaining marijuana or marijuana products.
(aa) "Sell, " "sale, " and "to sell" include any transaction whereby, for any consideration, title to marijuana is transferred from one person to another, and includes the delivery of marijuana or marijuana products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana product was purchased.
(bb) "Testing service" means a laboratory,facility, or entity in the state, that offers or performs
tests of marijuana or marijuana products, including the equipment provided by such laboratory, facility, or entity, and that is both of the following:
(1) Accredited by an accrediting body that is independent from all other persons involved in commercial marijuana activity in the state.
(2) Registered with the Department o fPublic Health.
(cc) "Unique identifier" means an alphanumeric code or designation used for reference to a specific plant on a licensed premises.
(dd) "Unreasonably impracticable" means that the measures necessary to comply with the regulations require such a high investment of risk, money, time, or any other resource or asset, that the operation of a marijuana establishment is not worthy of being carried out in practice by a reasonably prudent business person.
(ee) "Youth center" shall have the same meaning as in Section 11353.1 of the Health and Safety Code.
Read more about Prop 64's Seed to Sale Requirements
