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City Government Smoking Information Proposition 64 FAQ - Content Only
Proposition 64 FAQ - Content Only

No. It is a violation of state law for any person to engage in the retail sale of recreational marijuana, without a state issued license.

Yes. Cities can ban deliveries within their City limits. However, cities cannot prevent the use of public roads for the delivery or transport of marijuana, and thus, delivery vehicles can pass through an area that bans the delivery of marijuana to make a delivery in a neighboring city.

No. Personal cultivation is only meant to provide marijuana for the person cultivating the product. It can be given away to persons 21 years of age or older, but it may not be sold.

Despite the legalization of the recreational use of marijuana, employers are still allowed to maintain a drug-free workplace. Marijuana is still illegal under federal law, and employers can rely on this to support such policies and standards.

Individuals age 21 and over are allowed to smoke/consume marijuana recreationally even if they live within 1,000 feet from a facility where children are present, so long as they do so in their own private residence and it is not detectable by others on the grounds of the school, day care center, or youth center while children are present.

No. Possession and use of marijuana is not allowed while driving, operating a motor vehicle, boat vessel, aircraft, or other vehicle used for transportation. Smoking or ingesting marijuana is not allowed by passengers either, nor can any occupants possess an open container/package of marijuana. (Health & Safety § 11362.3)

Yes. A property owner may prohibit or restrict personal possession, smoking, and cultivation of marijuana on the property owner's privately owned property. A state or local government agency also may prohibit or restrict such activities on property owned, leased, or occupied by the state or local government. (Health & Safety §§ 11362.45(g) and (h).)

No. Marijuana is still considered an illegal drug by the federal government. Based on Attorney General Jeff Sessions memo released in January 2018, the official Department of Justice guidance that was in place prior to this date has been rescinded. The previous guidance (based on the Cole Memo) was not to interfere with marijuana cultivation/distribution/use in states that have legalized marijuana, with the exception that the Department of Justice will prosecute the distribution of marijuana to minors and the distribution of marijuana by gangs and cartels. This policy is subject to change at any point.

Proposition 64 defines a "residence" as a house, an apartment unit, a mobile home, or other similar dwelling.

A person 21 years of age or older may possess, process, transport, purchase or give away to persons 21 years of age or older not more than 28.5 grams of marijuana in the non-concentrated form and not more than 8 grams of marijuana in a concentrated form including in marijuana products. These activities are lawful under state law and cannot be prohibited under local law.

A city may adopt an ordinance banning or regulating personal outdoor cultivation at any time.