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Proposition 64
Recreational Cannabis: 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 non-medical use of cannabis by persons aged 21 and older. Proposition 64 creates a state regulatory and licensing system for commercial cultivation, testing, distribution, and manufacture of non-medical cannabis 
and non-medical cannabis 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 to non-medical cannabis: 
  • AGE: 21 and older
  • LIMITS: 28.5 grams of non-concentrated cannabis (such as dried flower) or 8 grams of concentrated cannabis 
    products or 6 plants

Personal Use: Consumption

Under Proposition 64, it is illegal to use cannabis in public. This includes smoking, vaping, ingesting edibles, etc.

 Some other places where it’s illegal to use cannabis:
  • 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 cannabis smoke can have serious impacts on children, seniors, those with asthma and allergies, and others. 
Personal Use: Cultivation

Under state law, you are allowed to grow no more than six non-medical cannabis plants, no matter how many people live in your house or apartment.

Personal cultivation is personal. Selling the cannabis you cultivate requires a state license and is illegal in San José.

In San José, you must grow your cannabis 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 cannabis at the property.

Other San José regulations:
  • Lock up your cannabis 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 commercial cannabis operations in San Jose are the 16 Registered Collectives already registered to dispense medical marijuana. They are only allowed to dispense medical cannabis to patients and caregivers who have a valid doctor’s recommendation for medical use and, as of January 1, 2018, are allowed to sell non-medical cannabis to people who are age 21 and older. 

All other cannabis enterprises are prohibited at this time. The City is not accepting applications for new cannabis shops, cultivation operations, or for the manufacture, extract, deliver, distribute, or transport of cannabis at this time.

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