Prop 64

Definition: Prop 64, the Adult Use of Marijuana Act, is the California ballot measure that legalized recreational cannabis for adults 21 and older. Voters approved it on November 8, 2016. It lets adults possess up to 28.5 grams of cannabis and 8 grams of concentrate, grow up to six plants at home, and buy from licensed retailers.

What Does Prop 64 Allow?

For adults 21 and over, Prop 64 made it legal to:

• Possess, transport, buy, or give away up to 28.5 grams (about one ounce) of cannabis
• Possess up to 8 grams of concentrated cannabis, such as shatter or wax
• Grow up to six plants per residence (not per person) and keep what those plants produce
• Consume cannabis on private property

When Did Prop 64 Take Effect?

Personal possession and home growing became legal the day after the election, in November 2016. Licensed recreational sales took longer because the state had to build a licensing system. The first adult-use dispensaries opened on January 1, 2018.

What Is Still Illegal Under Prop 64?

Prop 64 did not make cannabis legal everywhere or for everyone. Smoking in public places, driving while impaired, consuming within 1,000 feet of a school while kids are present, and selling without a state license all remain illegal. Cities and counties can also ban dispensaries within their borders, and cannabis remains illegal under federal law.

How Is Prop 64 Different From Prop 215?

Prop 215, the Compassionate Use Act of 1996, legalized medical cannabis for patients with a doctor’s recommendation. Prop 64 extended legal access to all adults 21 and over, with no recommendation required. Prop 64 also allowed people with past cannabis convictions to petition to have their records reduced or cleared.

Frequently Asked Questions

How much weed can you carry in California?

Adults 21 and older can carry up to 28.5 grams of cannabis flower and up to 8 grams of concentrate.

Can you grow cannabis at home in California?

Yes. Adults 21 and older can grow up to six plants per residence, kept out of public view.

Related terms: Prop 215, Controlled Substances Act, Dispensary, Cole Memo

Sources: California Department of Cannabis Control: What’s Legal; California Health and Safety Code 11362.1.

Cannabis laws change frequently. This entry is for general education and isn’t legal advice.