Many thanks to Carl Raff for putting this together….
The following is a short overview of the key points in ABX6-9, the clean up bill for Prop 19 that will establish state-wide regulations.
Abbreviations
- BPC – Business and Professions Code
- HS – Health and Safety Code
- VC – Vehicle Code
- RTC – Revenue and Taxation Code
Medical Marijuana
- Does not apply to medical marijuana which is regulated by HS 11362.5 and HS 11362.7-11362.83
Licensing (BPC)
- Allows retail sale by holders of ABC off-sale general licenses
- Establishes licenses for Commercial Cultivators and Wholesalers of Marijuana
California Controlled Substances (HS 11054)
- Removes Marijuana and natural THC from Schedule I of the CA Controlled Substances
Lawful Activities (HS 11310-11310.5, 11310.8)
- Legalizes Possession of up to 16 oz by persons 21 years of age or older
- Legalizes retail sale of up to 1 oz per transaction in licensed premises
- Legalizes smoking or ingestion of marijuana private and in licensed premises
- Legalizes being under the influence of marijuana except in certain circumstances
- Allows licensed nurseries to cultivate and sell seedlings to persons 21 or older
- Industrial hemp (stalks etc) and nutritional hemp (sterile seeds etc) materials and products may be legally possessed and sold
Unlawful Activities (HS 11310.6-11310.7,11310.9, VC 23222 (b))
- Prohibits unlicensed cultivation except as allowed by nurseries and as authorized by 11300
- Prohibits sale of marijuana cultivated w/o license
- Unlawful cultivation – misdemeanor – up to 10 days in jail
- Possession of more that 16 oz is an infraction – $100 except as allowed by 11300
- Sales to a person under 21 is a misdemeanor (may also be prosecuted under 11361 or other laws)
- Smoking in Public is an infraction $100
- Exporting or intent to export to a state where marijuana is illegal is a felony
- Possession or use by person under 21 is an infraction $100
- Possession of more than 16 oz while driving, ingestion while driving, or possession or any amount not in a locked compartment or container is an infraction – $100 (may also be prosecuted for DUI)
- Prohibits use of state or local funds, or use of state or local law enforcement or other personnel in assisting enforcement of federal or other marijuana laws inconsistent with or providing greater sanctions that those in state law.
Effect on Existing Laws (HS 11311-11311.2, 11357-11360, 11364.5, VC 23222 (b), etc)
- Does not affect laws related to dangerous activities, driving, or possession of marijuana on school (K-12) grounds.
- Does not affect rights of employers
- HS 11357 is amended to include only crimes for possession on school grounds
- HS 11358 Is Repealed (Cultivation – now covered by other laws)
- HS 11359 is Amended – Unlawful sale or possession for sale is reduced from a felony to a misdemeanor (up to $5000 + up to 1 year) – fines to go to the Drug Abuse Prevention Account
- HS 11360 Is Repealed (Transportation etc – now covered by other laws)
- HS 11364.5 (Paraphernalia – removes references to marijuana)
- VC 23222 (b) is Amended (Driving with Marijuana)
- Various technical changes to remove references to marijuana and repealed statutes
Sin Tax (RTC 34001-34022)
- $50/oz Initial and maximum fee for marijuana sold at retail
- Fee does not apply to medical marijuana
- Fee does not apply to marijuana with less than .5% THC
Remember that is a first draft of the bill and is likely to be amended. Plan on contacting your assemblyman or Tom Ammiano with suggestions before it is finalized.