Cannabis in California is legal for both medical and recreational use. In recent decades, the state has been at the forefront of efforts to reform cannabis laws, beginning in 1972 with the nation's first ballot initiative attempting to legalize cannabis. Although Proposition 19 was unsuccessful, California would later become the first state to legalize medical cannabis with the passage of the Compassionate Use Act of 1996 (Proposition 215). In November 2016, Calfifornia voters approved the Adult Use of Marijuana Act (Proposition 64) to legalize the recreational use of cannabis.
California's main regulatory agencies are the Bureau of Cannabis Control (BCC), Department of Food and Agriculture, Department of Public Health and Cannabis Regulatory Authority (CRA).
History
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Industrial hemp
Cannabis was cultivated for fiber and rope as early as 1795 in California, when cultivation began at Mission San Jose under the governorship of Diego de Borica. Cannabis was grown in several regions of Southern California, with two-thirds of it being grown on the missions. California produced 13,000 pounds of hemp in 1807, and 220,000 pounds in 1810. However in 1810 Mexico began to rebel against the Spanish crown, and the subsidies for growing hemp were cut, leading to a near-disappearance of the crop. A few missions continued to grow it for local use, and the Russian colonists grew hemp at Fort Ross until the station was abandoned in 1841.
Psychoactive cannabis
Among the early cultivators of cannabis for recreational use in California were Arabs, Armenians, and Turks who grew cannabis as early as 1895 to make hashish for local consumption. Unlike in other states where fears of black or Hispanic use of cannabis drove new restrictions, California was an exception for its focus on South Asian immigrants. A California delegate to the Hague Convention wrote in 1911: Within the last year we in California have been getting a large influx of Hindoos and they have in turn started quite a demand for cannabis indica; they are a very undesirable lot and the habit is growing in California very fast.
Criminalization
The Poison Act was passed in California in 1907, and in 1913 an amendment was made to make possession of "extracts, tinctures, or other narcotic preparations of hemp, or loco-weed, their preparations and compounds" a misdemeanor. There is no evidence that the law was ever used or intended to restrict pharmaceutical cannabis; instead it was a legislative mistake, and in 1915 another amendment forbade the sale or possession of "flowering tops and leaves, extracts, tinctures and other narcotic preparations of hemp or loco weed (Cannabis sativa), Indian hemp" except with a prescription. Both bills were drafted and supported by the California State Board of Pharmacy.
In 1914, one of the first cannabis drug raids in the nation occurred in the Mexican-American neighborhood of Sonoratown in Los Angeles, where police raided two "dream gardens" and confiscated a wagonload of cannabis. By 1932, 60% of narcotics arrests in Los Angeles involved cannabis, which was considered "much less serious than the morphine cases."
In 1925, possession, which had previously been treated the same as distribution, became punishable by up to 6 years in prison, and black market sale, which had initially been a misdemeanor punishable by a $100â€"$400 fine and/or 50â€"180 days in jail for first offenders, became punishable by 6 monthsâ€"6 years. In 1927, the laws designed to target opium usage were finally extended to Indian hemp. In 1929, second offenses for possession became punishable by sentences of 6 monthsâ€"10 years. In 1937, cannabis cultivation became a separate offense. In 1954, penalties for marijuana possession were hiked to a minimum 1â€"10 years in prison, and sale was made punishable by 5â€"15 years with a mandatory 3 years before eligibility for parole; two prior felonies raised the maximum sentences for both offenses to life imprisonment.
Popularization
In the 1950s and 1960s, the beatnik and later hippie cultures experimented with cannabis, driving increased interest in the drug. In 1964, the first cannabis legalization group was formed in the U.S. when Lowell Eggemeier of San Francisco was arrested, and his attorney established LEMAR (LEgalize MARijuana) shortly afterwards. By the mid-1960s, the Saturday Evening Post was publishing articles estimating that half the college population of California had tried cannabis. One writer commented that usage was: so widespread that pot must be considered an integral part of the generation's life experience.
Illicit cultivation
In the 1960sâ€"1970s, people in California had developed the sinsemilla ("without seeds") method of producing cannabis, uprooting the male plants before they could pollinate the females, resulting a seedless and more potent cannabis. Around 1975, this technique arrived in Humboldt County, which was to become one of the nation's most famous centers of cannabis production. California growers received an unintentional advantage from the US government, which in the 1970s began spraying cannabis fields in Mexico with the herbicide paraquat. Fears of contamination led to a drop in demand for cheaper Mexican cannabis, and a corresponding increase in demand for California-grown cannabis. By 1979, 35% of cannabis consumed in California was grown in-state. By 2010, 79% of cannabis nationwide came from California.
Decriminalization
Moscone Act (1975)
Decriminalization of marijuana, which treats the possession of small amounts of the drug as a civil, rather than a criminal, offense, was established in July 1975 when the Legislature passed Senate Bill 95, the Moscone Act. SB 95 made possession of one ounce (28.5Â grams) of marijuana a misdemeanor punishable by a $100 fine, with higher punishments for amounts greater than one ounce, for possession on school grounds, or for cultivation.
Proposition 36 (2000)
Proposition 36 (also known as the Substance Abuse and Crime Prevention Act of 2000) was approved by 61% of voters, requiring that "first and second offense drug violators be sent to drug treatment programs instead of facing trial and possible incarceration."
Senate Bill 1449 (2010)
On September 30, 2010, Governor Arnold Schwarzenegger signed into law CA State Senate Bill 1449, which further reduced the charge of possession of one ounce of cannabis or less, from a misdemeanor to an infraction, similar to a traffic violationâ€"a maximum of a $100 fine and no mandatory court appearance or criminal record. The law became effective January 1, 2011.
Medical cannabis
Early reform efforts (pre-1996)
The movement to legalize medical cannabis sprang out of San Francisco in the early 1990s, with efforts soon spreading statewide and eventually across the nation. In November 1991, 79% of the San Francisco voters approved Proposition P, which called on state lawmakers to pass legislation allowing the medical use of cannabis. Additionally, the city board of supervisors passed a resolution in August 1992 urging the police commission and district attorney to "make lowest priority the arrest or prosecution of those involved in the possession or cultivation of [cannabis] for medicinal purposes" and to "allow a letter from a treating physician to be used as prima facia evidence that marijuana can alleviate the pain and suffering of that patient's medical condition". The resolution allowed the open distribution of cannabis to AIDS patients and others throughout the city, most notably through the San Francisco Cannabis Buyers Club which was operated by medical cannabis activist Dennis Peron (who spearheaded Proposition P and later the statewide Proposition 215). Similar clubs appeared outside San Francisco in the ensuing years as other cities passed legislation to support the medical use of cannabis. The Wo/Men's Alliance for Medical Marijuana was founded in 1993 after 75% of Santa Cruz voters approved Measure A in November 1992. And the Oakland Cannabis Buyers' Cooperative was founded in 1995 shortly before the city council passed multiple medical cannabis resolutions.
Following the lead of San Francisco and other cities in California, state lawmakers passed Senate Joint Resolution 8 in 1993, a non-binding measure calling on the federal government to enact legislation allowing physicians to prescribe cannabis. In 1994, Senate Bill 1364 was approved by state legislators, to reclassify cannabis as a Schedule II drug at the state level. And Assembly Bill 1529 was approved in 1995, to create a medical necessity defense for patients using cannabis with a physician's recommendation, for treatment of AIDS, cancer, glaucoma, or multiple sclerosis. Both SB 1364 and AB 1529 were vetoed by Governor Pete Wilson, however, paving the way for the passage of Proposition 215 in 1996.
Proposition 215 (1996)
Frustrated by vetoes of medical cannabis bills in successive years, medical cannabis advocates in California took the issue directly to the voters, collecting 775,000 signatures for qualification of a statewide ballot initiative in 1996. Proposition 215 â€" the Compassionate Use Act of 1996 â€" was subsequently approved with 56% of the vote, legalizing the use, possession, and cultivation of cannabis by patients with a physician's recommendation, for treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or "any other illness for which marijuana provides relief". The law also allowed patient caregivers to cultivate cannabis, and urged lawmakers to facilitate the "safe and affordable distribution of marijuana".
Senate Bill 420 (2003)
Vague wording became a major criticism of Prop. 215, though the law has since been clarified through California Supreme Court rulings and the passage of subsequent laws. The first solution of this came by legislation that established statewide guidelines for Proposition 215 by Senate Bill 420 in January 2003. To differentiate patients from non-patients, Governor Gray Davis signed California Senate Bill 420 (colloquially known as the Medical Marijuana Program Act) in 2003, establishing an identification card system for medical marijuana patients. SB 420 also allows for the formation of patient collectives, or non-profit organizations, to provide the drug to patients. In January, 2010, the California Supreme Court ruled in People v. Kelly, that SB 420 did not limit the quantity a patient can possess and all possession limits on medical marijuana in California were lifted.
Legalization
Proposition 19 (1972)
In 1972, California became the first state to vote on a ballot measure seeking to legalize cannabis. Proposition 19 â€" the California Marijuana Initiative â€" sought to legalize the use, possession, and cultivation of cannabis, but did not allow for commercial sales. The initiative was spearheaded by the group Amorphia, which was founded in 1969 (by Blair Newman) and financed its activities through the sale of hemp rolling papers. It was ultimately defeated by a wide margin (33â€"67%), but supporters were encouraged by the results, which provided momentum to other reform efforts in California in subsequent years. In 1974, Amorphia ran into financial difficulties and became the California chapter of NORML.
Marijuana Control, Regulation, and Education Act (2009)
In February 2009, Tom Ammiano introduced the Marijuana Control, Regulation, and Education Act, which would remove penalties under state law for the cultivation, possession, and use of marijuana for persons the age of 21 or older. When the Assembly Public Safety Committee approved the bill on a 4 to 3 vote in January 2010, this marked the first time in United States history that a bill legalizing marijuana passed a legislative committee. While the legislation failed to reach the Assembly floor, Ammiano stated his plans to reintroduce the bill later in the year, depending on the success of Proposition 19, the Regulate, Control and Tax Cannabis Act. According to Time, California tax collectors estimated the bill would have raised about $1.3 billion a year in revenue.
Critics such as John Lovell, lobbyist for the California Peace Officers' Association, argued that too many people already struggle with alcohol and drug abuse, and legalizing another mind-altering substance would lead to a surge of use, making problems worse. Apart from helping the state's budget by enforcing a tax on the sale of cannabis, proponents of the bill argued that legalization would reduce the amount of criminal activity associated with the drug.
Proposition 19 (2010)
In November 2010, California voters rejected Proposition 19, by a vote of 53.5% to 46.5%, an initiative that would have made possession and cultivation of cannabis for recreational usage legal for adults the age of 21 or older, and would regulate it similarly to alcohol.
Proposition 64 (2016)
On November 8, 2016, Proposition 64, also known as the Adult Use of Marijuana Act, passed by a vote of 57% to 43%, legalizing the sale and distribution of cannabis in both a dry and concentrated form. Adults are allowed to possess up to one ounce of cannabis for recreational use and can grow up to six live plants individually or more commercially with a license.
Licenses will be issued for cultivation and business establishment beginning in 2018. In 2016, in response to Proposition 64, State Treasurer John Chiang set up a working group to explore access to financial services for legal marijuana-related businesses operating in California, as access to banking services has been a problem due to the additional burdens mandated by the Financial Crimes Enforcement Network (FinCEN) on financial institutions to assure that any marijuana related business clients are in compliance with all state laws. In January, 2018, Los Angeles had no licensed retailers; the closest cities with licensed retail sales were Santa Ana on January 1 and West Hollywood on January 2.
Legality
Medical usage
California was the first state to establish a medical marijuana program, enacted by Proposition 215 in 1996 and Senate Bill 420 in 2003. Prop. 215, also known as the Compassionate Use Act allows people the right to obtain and use cannabis for any illness if they obtain a recommendation from a doctor. California's Supreme Court has ruled there are no specified limits as to what a patient may possess in their private residence if the cannabis is strictly for the patient's own use. Medical cannabis identification cards are issued through the California Department of Public Health's Medical Marijuana Program (MMP). The program began in three counties in May 2005, and expanded statewide in August of the same year. 37,236 cards have been issued throughout 55 counties as of December 2009. However, cannabis dispensaries within the state accept recommendations, with an embossed license, from a doctor who has given the patient an examination and believes cannabis would be beneficial for their ailment.
Critics of California's medical cannabis program argued that the program essentially gave cannabis quasi-legality, as "anyone can obtain a recommendation for medical marijuana at any time for practically any ailment". Acknowledging that there were instances in which the system was abused and that laws could be improved, Stephen Gutwillig of the Drug Policy Alliance insisted that the passages of Proposition 215 were "nothing short of incredible". Gutwillig argued that because of the law, 200,000 patients in the state had safe and affordable access to medical cannabis to relieve pain and treat medical conditions, without having to risk arrest or buy off the black market.
Conflict with federal law
In the years after Proposition 215 was passed, the Justice Department conducted numerous raids and prosecutions of medical cannabis providers in California. Many of these raids were carried out on dispensaries acting in compliance with state law, prompting outcry from medical cannabis advocates as well as state and city officials. Of particular note was a raid on the Wo/Men's Alliance for Medical Marijuana in Santa Cruz, which was working closely with local authorities to follow all applicable state and local laws. In an act of rebellion against the raids, Santa Cruz officials sanctioned an event where cannabis was distributed to patients in front of city hall, which attracted national media attention. The DEA was "appalled" by the event, but took no further action.
In July 2007, a new tactic was adopted by the DEA of threatening landlords renting to medical cannabis providers. Letters were sent to a number of landlords in the Los Angeles area, informing them that they faced up to 20 years in prison for violating the "crack house statute" of the Controlled Substances Act, in addition to seizure of their properties. In subsequent months this tactic spread to other parts of California.
On October 7, 2011, an extensive and coordinated crackdown on California's marijuana dispensaries was announced by the chief prosecutors of the state's four federal districts. This was part of a broad nationwide crackdown on medical cannabis initiated during President Obama's first term, which eventually subsided after the Rohrabacherâ€"Farr amendment was enacted in 2014.
Three major court cases originated in California that attempted to challenge the federal government's ability to enforce federal law in medical cannabis states. Conant v. Walters (2000) was brought forth by a group of California doctors and upheld the right of physicians to recommend but not prescribe cannabis. In United States v. Oakland Cannabis Buyers' Cooperative (2001), it was argued that medical use of cannabis should be permitted as constituted by a "medical necessity" â€" but this argument was unsuccessful. In Gonzales v. Raich (2005), the constitutionality of the Controlled Substances Act was challenged based on the idea that cannabis grown and consumed in California does not qualify as interstate commerce â€" but this argument was also unsuccessful.
Recreational cannabis
Recreational usage of marijuana is legal under Proposition 64. Immediately upon certification of the November 2016 ballot results, adults age 21 or older were allowed to:
- Possess, transport, process, purchase, obtain, or give away, without any compensation whatsoever, no more than one ounce of dry cannabis or eight grams concentrated cannabis to adults the age of 21 or older.
- Possess, plant, cultivate, harvest, dry, or process no more than six live plants and the produce of those plants in a private residence, in a locked area not seen from normal view, in compliance with all local ordinances.
- Smoke or ingest cannabis.
- Possess, transport, purchase, obtain, use, manufacture, or give away marijuana paraphernalia to peoples the age of 21 or older.
Users may not:
- Smoke it where tobacco is prohibited.
- Possess, ingest or smoke within 1,000 feet of a day care, school, or youth center while children are present (except within a private residence and if said smoke is not detectable to said children).
- Manufacture concentrated cannabis using a volatile solvent without a license under Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code.
- Possess an open container or marijuana paraphernalia while in the driver or passenger seat of a vehicle used for transportation.
- Smoke or ingest marijuana while operating a vehicle used for transportation.
- Smoke or ingest marijuana while riding in the passenger seat or compartment of a vehicle.
Legal sales for non-medical use are allowed by law beginning January 1, 2018, following formulation of new regulations on retail market by the state's Bureau of Medical Cannabis Regulation (to be renamed Bureau of Marijuana Control).
Proposition 64 is not meant in any way to affect, amend, or restrict the statutes provided for medical cannabis in California under Proposition 215.
See also
- Drug policy of California
- Emerald Triangle
- Legal history of cannabis in the United States
- Law of California
References
External links
- California Cannabis Portal--The state of California's official website for information on legal marijuana.
