Curious about what’s happened since Prop 64 Passed?
Many of our patients have been wondering what changes Proposition 64 is bringing about. It passed this last November 2016 allowing legal possession, cultivation, and recreational use of marijuana. Here are some Frequently Asked Questions and Answers regarding the changes from Prop 64.
Q: Do I still need a Medical Marijuana Recommendation to order marijuana products from Goddess Delivers or other marijuana collectives?
Because there are no laws or regulations available for businesses yet, we must remain a Medical Marijuana collective and must require a doctor’s recommendation. Not until 2018 will recreational shops open where you can buy weed with your California ID showing you’re over 21 old.
Q: Will the price of my medicine go up?
A: Most likely, because of taxes.
Right now CA patients are paying state sales tax based on their county, between 7.5% and 10%. That will go up to a flat 15% across the board for all CA medical marijuana patients. The 15% tax imposed on marijuana businesses by prop 64 applies to medical marijuana too, however medical marijuana patients do not have to pay the additional state sales tax (between 7.5% and 10%) that retail marijuana stores will. The only way the price of medicine would not go up is if the marijuana producers absorb the extra costs from taxes by lowering their prices, which is not likely a viable option.
Q: What’s the breakdown of taxes imposed under prop 64?
A: For the state of CA as a whole, there will be a flat 15% tax on all retail and medical marijuana sales, a cultivation tax on growers of $9.25 per ounce of flowers, and $2.75 per ounce for leaves. For recreational marijuana, the state’s 7.5% sales tax is tacked on in addition, making it a whopping 22.5% tax. The good news is medical marijuana patients are so far exempt from paying state sales taxes, keeping their tax at 15%. Counties can impose their own additional taxes.
Q: What will recreational laws and regulations look like?
A: If you want to open a marijuana business, you will need a state license, and to follow state rules and regulations. Selling pot without a license can bring fines and jail time.
Los Angeles will vote on (and likely pass) a measure on the ballot next month on March 7th creating regulations for LA marijuana businesses. Measure M, or CERTA (Cannabis Enforcement, Regulation, and Taxation Act), is supported by the City of Los Angeles and would grant licenses to the 135 dispensaries that were prop D compliant first, then many more are expected to be issued. Criminal and nuisance penalties will also be put into effect banning marijuana businesses in proximity to children, etc.
Q: What does prop 64 allow right now?
A: It is now legal for anyone over the age of 21 to use, as well as possess and give away (not sell) up to one ounce of marijuana and eight grams of concentrate. It’s also legal to grow up to 6 plants per parcel of land for personal use. Local laws may ban outdoor growing, but cannot ban growth of 6 plants indoors, or in a ‘secure’ location.
Q: What is still illegal after prop 64?
A: No smoking will driving, or driving under the influence of marijuana. The state has allocated funds to law enforcement to create accurate tests to determine at what point someone’s driving is hindered by marijuana use.
Also, there is still no selling marijuana without a license. You cannot grow your own and sell to your friends or neighbors, only give away as a gift. Sales will have to wait for regulations and a license, likely until 2018.
Q: Can I smoke anywhere now?
It is still illegal to smoke marijuana in public, unless your local city ordinance says it’s alright. Even if locally allowed, it would still be illegal in places you can’t smoke tobacco, as well as 1000 feet from children schools, day-cares, or play areas. If caught smoking in public you can receive a fine up to $250.
Q: Will we see weed ads?
A: Not many.
Since federal law still sees marijuana as an illegal drug, and it is illegal to advertise illegal drugs on TV, so until that changes we will only see the federally funded anti-drug ads. You will see some ads around California, with restrictions. There is no advertising to minors, so you won’t see ads appealing to kids or on kids channels, or within 1000 feet of kids schools, day-cares, or play areas. There is also no billboards allowed on roads leading out of state.
Do you have more questions? Email them to firstname.lastname@example.org, attn: BLOG, and we will put together another FAQ of patient questions! Thanks a lot!
(Check out the sources below for more detailed post-prop 64 facts!)
Humphreys, Keith. Special To The Washington Post.“This Blunder on New California Marijuana Law Could Cost State Millions.”The Cannabist. N.p., 16 Nov. 2016. Web. 20 Feb. 2017. (http://www.thecannabist.co/2016/11/16/california-medical-marijuana-tax-proposition-64-omission/67735/)
Staggs, Brooke Edwards. “Medical Marijuana Patients Could save Money in Prop 64 Tax Dispute, but State Could Lose.”The Orange County Register. N.p., 18 Nov. 2016. Web. 20 Feb. 2017. (http://www.ocregister.com/articles/marijuana-735900-california-use.html)
Bricken, Hilary. “SoCal Ballot Battles: The Future Of Marijuana Businesses In Los Angeles.”Above the Law. N.p., 30 Jan. 2017. Web. 20 Feb. 2017. (http://abovethelaw.com/2017/01/socal-ballot-battles-the-future-of-marijuana-businesses-in-los-angeles/?rf=1)
Canorml_admin. “What’s Legal, and What Isn’t, After Prop. 64.”What’s Legal, and What Isn’t, After Prop. 64 | California NORML. N.p., 8 Nov. 2016. Web. 20 Feb. 2017. (http://www.canorml.org/news/what_will_be_legal_and_what_wont_after_Prop_64)
“Proposition 64 | Official Voter Information Guide | California Secretary of State.”Proposition 64 | Official Voter Information Guide | California Secretary of State. California Secretary of State, n.d. Web. 20 Feb. 2017. (http://voterguide.sos.ca.gov/en/propositions/64/)