What are the penalties for violating Prop 64?

Asked by: Lela Gorczany Jr.  |  Last update: February 1, 2026
Score: 4.7/5 (50 votes)

Proposition 64, passed in 2016, legalized recreational cannabis for adults 21 and older in California, but established specific penalties for violations, ranging from infractions to misdemeanor or felony charges. Most violations are classified as infractions (similar to a traffic ticket), though some actions—particularly those involving minors, unlicensed sales, or large quantities—can still result in criminal charges.

What does Prop 64 actually do?

Proposition 64 decriminalizes cannabis under state law, for use by adults 21 or older. Cannabis cannot be used in public, and adults 21 and over are limited to possession of 28.5 grams of cannabis or 8 grams of concentrate. Adults 21 and over can grow up to six plants in a private residence.

What is the prop 64 felony reduction?

Proposition 64 – Legal Relief for Marijuana Convictions

California's Proposition 64, passed on November 8, 2016, legalized recreational marijuana use for adults 21 and older. As a result, individuals with prior marijuana convictions may qualify for re-sentencing or to have their convictions reduced or dismissed.

How does Prop 64 affect DUI laws?

Proposition 64 may have made the possession, consumption and even cultivating marijuana legal in California for those over 21 years of age but driving under the influence of marijuana—or any drug—is still a crime.

How does Prop 64 affect taxes?

Proposition 64 created two excise taxes on cannabis: a retail excise tax and a cultivation tax. Chapter 56 of 2022 (AB 195, Committee on Budget) eliminated the cultivation tax on July 1, 2022. As that law required, the administration raised the retail excise tax rate from 15 percent to 19 percent on July 1, 2025.

New Penalties For Prop 64 Violations | Criminal Defense Lawyer California | San Diego

26 related questions found

When did prop 64 go into effect?

On November 9, 2016, the law related to marijuana offenses changed. Simple possession (less than an ounce) of marijuana for adults 21 years and older became legal. For many people, possession of marijuana for sale, possession of marijuana for cultivation, and sales of marijuana became misdemeanors.

What is the Prop 64 consumer protection?

It was an initiative statute that limited the California law on unfair competition, restricting private lawsuits against a company only to those where an individual is injured by and suffers a financial loss due to an unfair, unlawful, or fraudulent business practice and providing that otherwise only public prosecutors ...

What is the new DUI law in California 2025?

California's 2025 DUI laws focus on stricter enforcement, particularly for repeat offenders and commercial/rideshare drivers, expanding Ignition Interlock Device (IID) requirements for first-time offenders, and broadening impairment detection to include drugs, with new laws potentially mandating IIDs for all convicted DUI drivers and introducing mandatory jail time for third offenses, aiming to close loopholes and save lives. 

Can you drive after an edible?

Wait at least eight hours after eating or drinking marijuana containing less than 18 mg THC before driving, biking or performing other safety-sensitive activities. If you've consumed more than 18 mg, wait longer. If you have consumed alcohol as well, it's crucial to wait even longer.

What happens to a DUI after 10 years in California?

The 10-year period only means the conviction can no longer be used to enhance the penalties of a future DUI. To remove a DUI conviction from your criminal record, you must successfully petition the court for an expungement under California Penal Code 1203.4.

Is it better to have charges dropped or dismissed?

When the charges are dropped, the prosecution still has the opportunity to pursue a case against you at a later time. This can happen if they gather additional evidence and can build a stronger case. If your charges are dismissed with prejudice, the case is permanently over and cannot be brought back to court.

Does prop 64 restore gun rights?

California Prop 64 (Adult Use of Marijuana Act) Summary:

Also, almost all individuals with a felony marijuana conviction will be able to reduce that felony down to a misdemeanor, which will restore all civil liberties, including the right to own a firearm under the 2nd amendment.

What state is the most 420 friendly?

The best states for cannabis:

  • California.
  • Nevada.
  • Colorado.
  • Massachusetts.
  • Illinois.
  • Oregon.

Who is a legal patient under Proposition 64?

Prop 64 Rules on Personal Use and Cultivation

Adults 21 years or older may: Possess, transport, obtain or give up to one ounce of marijuana or 8 grams of concentrated marijuana to other adults age 21 and older. Cultivate up to six plants per residence and possess the marijuana produced by these plants.

What is prop 64 resentencing?

64. Proposition 64 reduces or eliminates the punishment for many marijuana-related offenses for both persons currently serving sentences and those who have already completed their sentences.

How does Prop 64 affect employment?

Employers have the right to maintain a drug-free workplace under Prop. 64, meaning they can fire employees for showing up to work high or testing positive for cannabis byproducts in their urine — even if last use of cannabis was off-work hours days or weeks prior to testing.

Can police detect edibles?

Yes, dogs can detect edibles at the airport if they are trained to identify the scent of THC, which is present in THC edibles.

Why do I still feel high 2 days after edibles?

Feeling high two days after edibles is likely due to a high dose, slow metabolism, or the liver converting THC into more potent 11-hydroxy-THC, causing intense and prolonged effects that can linger as mental fog or grogginess well past the initial peak, often termed a "weed hangover". Edibles are processed slowly through the digestive system, leading to longer, stronger, and more unpredictable effects compared to smoking. 

Does an edible leave your system faster than smoking?

Ingesting, rather than smoking THC doesn't change the fact it is entering your system. In fact, because of the way the body processes edibles, a drug test may detect THC levels for a much longer period of time.

What is the 3 hour rule for DUI in California?

The 3-Hour Rule in California DUI cases is a legal assumption that a blood or breath test accurately reflects a driver's blood alcohol content (BAC) at the time of driving, provided the test is conducted within three hours of being stopped.

How many drinks is .08 for a man?

For a man, reaching a Blood Alcohol Concentration (BAC) of 0.08% typically takes about four to five standard drinks over roughly two hours, but this varies significantly by body weight, food intake, age, and alcohol content, with heavier men reaching it slower and lighter men faster. For example, a 180-pound man might hit 0.08% after four drinks, while a 240-pound man might need five, but some lighter men could reach it in fewer.
 

How long until a DUI is off your record in California?

Once you are convicted of DUI in California, a record of that conviction will remain on your state driving record for ten years. This clock starts on the date of the arrest, not your conviction. There is no way to have this record removed in less than ten years.

What is the prop 64 warning?

California Prop 64 Cannabis Warning Labels are used for shipping, production and product packaging compliance in the state of California. The warning text reads: "GOVERNMENT WARNING: This product contains cannabis, a schedule 1 controlled substance. Keep out of reach of children and animals.

What is prop 64 explained?

Effective November 9, 2016, Proposition 64 legalizes specified personal use and cultivation of marijuana for adults 21 years of age or older; reduces criminal penalties for specified marijuana-related offenses for adults and juveniles; and authorizes resentencing or dismissal and sealing of prior, eligible marijuana- ...

Can a felony DUI be reduced to a misdemeanor in California?

However, even if initially charged as a felony, a judge has the discretion under Penal Code Section 17(b) to reduce the charge to a misdemeanor if the evidence does not support a finding of gross negligence and other mitigating circumstances exist.