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Proposition 64
Recreational Marijuana: Proposition 64 – The Adult Use of Marijuana Act Facts

On November 8, 2016, the voters of California approved Proposition 64, the Adult Use of Marijuana Act.

Proposition 64 legalizes the nonmedical use of marijuana by persons aged 21 and older. Proposition 64 creates a state regulatory and licensing system for commercial cultivation, testing, distribution, and manufacture of nonmedical marijuana and nonmedical marijuana products.

Proposition 64 allows local governments to put in place certain local regulations and prohibitions. Following is a snapshot of what is allowed in San José.

Personal Use: Possession

Under Proposition 64, the following rules apply: 
  • AGE: 21 and older
  • LIMITS: 28.5 grams of non-concentrated marijuana (such as dried flower) or 8 grams of concentrated marijuana products or 6 plants

Personal Use: Consumption

Under Proposition 64, it is illegal to use marijuana in public. This includes smoking, vaping, ingesting edibles, etc.
Some other places where it’s illegal to use marijuana:
  • While driving or riding in a car, boat;
  • In parks or on trails;
  • In restaurants or bars;
  • Near schools;
  • Near building entrances;
  • On the sidewalk;
  • At the bus or light rail stop.

In short, keep your consumption at home. And if you light up, please be respectful of your neighbors. Secondhand marijuana smoke can have serious impacts on children, seniors, those with asthma and allergies, and others. 
Personal Use: Cultivation

Under the new state law approved by the voters, you are allowed to grow no more than six plants, no matter how many people live in your house or apartment.

Personal cultivation is personal. Selling the marijuana you cultivate requires a state license and is illegal in San José.
In San José, you must grow your marijuana plants indoors, either inside the house or apartment where you live or in a secure accessory building. If you are a renter, get permission from your landlord before growing marijuana at the property.

Other San José regulations:
  • Lock up your plants and products so children can’t get to them.
  • Get required electrical and building permits. (DON’T plug grow lights into extension cords!)
  • No extraction using CO2, butane, propane, or other hazardous chemicals.
  • Don’t use CO2 in growing your plants.
  • Control your odors. Your plants cannot create a neighborhood nuisance.

Commercial Use – Dispensaries, Stores, Cultivation, Manufacturing, Delivery, etc.

The only legal marijuana operations in San Jose are the 16 Registered Collectives already registered to dispense medical marijuana. They are only allowed to dispense medical marijuana to patients and caregivers who have a valid doctor’s recommendation for medical use.

All other marijuana enterprises are prohibited at this time.

This means it is illegal to open a nonmedical marijuana shop in San José. It is illegal to grow nonmedical marijuana for sale in San José. It is illegal to manufacture, extract, deliver, distribute, or transport nonmedical marijuana in San José.

Furthermore, you need a state license to open a marijuana business in California. The State is not required to issue licenses until 2018.

Opening a marijuana business without a state license is no different than opening a bar or liquor store without a state ABC license. It’s against the law.

Property owners are warned not to rent your property to illegal marijuana businesses. Contact the City at  BEFORE entering into leases or other business arrangements with any marijuana businesses, medical or nonmedical.