Since Proposition 64 passed earlier this month, there have already been reportsof dispensaries selling recreational cannabis to adults without a physicians recommendation. However, for those who believe they are now able to walk into a California dispensary and legally purchase recreational marijuana, they will be sorely disappointed.
The catch-22 of Prop 64 is that though adults in California can now legally possess, use, and transport recreational cannabis, there is currently no place in the state topurchase thecannabis as licensed medical dispensaries are not allowed to sell recreational cannabis (i.e. to adults over 21 who do not have the required physicians recommendation to purchase medical marijuana). And thoughout-of-state residents can legally purchase recreational cannabis under Prop 64, they too areout of luck until state licensing begins, as currently licensed medical dispensaries may only sell medical cannabis to California residents.
Under Prop 64, dispensaries are required to apply for a retailer Type 10 license, which will be issued by the Department of Consumer Affairs, for the retail sale and delivery of marijuana or marijuana products to customers. The state is required to issue licenses by January 1, 2018, but at this time no license has been issued. Not only are dispensaries not allowed to sell recreational cannabis without a license, they will be penalized for operating without a license on top of any criminal penalties. Specifically, Prop 64 provides:
A person engaging in commercial marijuana activity without a license required by this division shall be subject to civil penalties of up to three times the amount of the license fee for each violation, and the court may order the destruction of marijuana associated with that violation in accordance with Section 11479 of the Health and Safety Code. Each day of operation shall constitute a separate violation of this section.
At this time, the only options for consumers to obtain recreational cannabis are to ...
