California Proposition 64
California’s Legal Marijuana Laws: What’s Changed Since Legalization?
Understanding California’s Evolving Marijuana Laws
Since the passing of California Proposition 64 in November 2016, the state has undergone major changes in how it regulates the recreational use of marijuana. While the original law allowed adults 21 and older to possess and consume cannabis legally, recent updates have expanded rights, increased taxes, and created new enforcement risks.
At the Law Office of Wing & Parisi, we help individuals understand what these changes mean — especially if they’re facing marijuana-related charges or looking to clear a past conviction.
Key Takeaways
- California Proposition 64 legalized recreational marijuana use for adults 21 and older.
- Recent updates include tax increases and the legalization of cannabis cafés.
- Employment protections now cover off-duty cannabis use.
- Driving under the influence and unlicensed sales remain illegal.
- Past convictions may be eligible for expungement or resentencing.
Original Goals of California Proposition 64
Voters approved Proposition 64 — the Adult Use of Marijuana Act — on November 8, 2016. It legalized:
- Possession of up to 1 ounce of cannabis and 8 grams of concentrate
- Personal cultivation of up to six marijuana plants
- Consumption of marijuana in private settings
The law also imposed a 15% excise tax and created the California Marijuana Tax Fund, directing revenue to:
- Youth drug education and prevention programs (60%)
- Environmental cleanup (20%)
- Local law enforcement (20%)
Importantly, the law applied retroactively, allowing those with prior marijuana convictions to petition for record clearance.
2024–2025 Updates to Proposition 64
1. Excise Tax Increase
Beginning July 1, 2025, the cannabis excise tax will increase from 15% to 19%. This move is intended to make up for the removal of the cultivation tax, though critics warn it may hurt the legal market.
2. Cannabis Cafés Legalized
As of January 1, 2025, licensed dispensaries can offer food, beverages, and live entertainment alongside cannabis in designated lounges — subject to local approval. Cities like Coachella and West Hollywood are leading the way.
3. New Employment Protections
Effective January 1, 2024, employers cannot penalize workers for lawful, off-duty cannabis use. Drug tests that detect non-psychoactive cannabis metabolites are no longer valid in most hiring or disciplinary decisions.
4. Regulatory Reform and Product Safety
California’s Department of Cannabis Control has enacted new oversight rules. However, recent whistleblower allegations accuse labs of certifying cannabis products that exceed legal pesticide limits.
Criminal Risks Remain Under Proposition 64
Even with legalization, violations can lead to arrest. You may face charges for:
- Driving under the influence of marijuana
- Possessing more than the legal amount
- Selling cannabis without a license
- Providing marijuana to minors
Understanding the boundaries of legal use is crucial to staying out of trouble.
Can You Clear a Marijuana Conviction?
Yes — California law allows people convicted of marijuana-related offenses prior to Proposition 64 to request resentencing or expungement. If you haven’t already cleared your record, you may still qualify.
Contact a Sacramento Criminal Defense Attorney
At the Law Office of Wing & Parisi, we have decades of experience defending clients against marijuana charges and helping them clean up past records. Whether you’re facing new charges or seeking expungement, we can help.
Call (916) 441-4888 or contact us online for a free, confidential consultation.
Arrested for Marijuana or Drug Charges? We Can Help.
Even under California Proposition 64, marijuana-related arrests still happen — and the consequences can be serious. At the Law Office of Wing & Parisi, we have over 76 years of combined experience helping clients fight drug charges, protect their records, and clear prior convictions.
We serve individuals across Sacramento, Davis, Placer County, and San Joaquin County. Whether you’re facing new charges or seeking to expunge an old marijuana offense, we’ll stand by your side with aggressive, strategic defense.
Call (916) 441-4888 or contact us online for a free and confidential consultation. Se habla español.
