On November 8, 2016, the voters of California approved Proposition 64, the Adult Use of Marijuana Act.
Proposition 64 legalized the non-medical use of cannabis by persons aged 21 and older.
Proposition 64 created a state regulatory and licensing system for the commercial cultivation, testing, distribution, and manufacture of non-medical cannabis and non-medical cannabis products.
Only registered cannabis businesses are authorized to dispense medical and non-medical cannabis.
Proposition 64 only allows the sale of recreational/adult use cannabis by state-licensed retailers. The state began issuing cannabis licenses in December 2017 with an effective date of January 1, 2018. Under Proposition 64, you cannot get a state license if you are violating local law.
Proposition 64 allows for the following:
Personal Use: Possession
Under Proposition 64, a person 21 and older may possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis.
Under Proposition 64 a person age 21 or older may possess for personal use the following:
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Not more than 28.5 grams of dried flower;
- Not more than 8 grams of concentrated cannabis;
- Not more than 6 plants per residence (NOT per person) for cultivation
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:
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While driving or riding in a car, boat, vessel, aircraft or other vehicle used for transportation
- In parks or on trails
- In restaurants or bars
- Near schools
- Near building entrances
- On the sidewalk
- At the bus or light rail stop
To file a complaint regarding a violation of the personal use consumption laws or regulations contact the San Jose Police Department’s non-emergency number at 408-277-8900.
Keep your consumption at home. 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 Proposition 64, you are not allowed to grow more than six plants per residence, no matter how many people live in your residence.
Selling the cannabis you cultivate requires a state license.
In San Jose, you must grow your cannabis plants indoors, either inside the residence 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. Outdoor cultivation is prohibited in all areas of San Jose.
Other San Jose regulations:
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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
- To file a complaint regarding a violation of the personal use cultivation laws or regulations, contact the Code Enforcement department at 408-535-7770 or on-line at Code Enforcement: Service Request Form
Commercial Use: Dispensaries, Stores, Cultivation, Manufacturing, Delivery, etc.
The only legal cannabis operations in San Jose are the registered cannabis businesses already authorized to dispense medical and non-medical cannabis. All other cannabis enterprises are prohibited at this time.
This means, if you are not one of our registered cannabis businesses, it is ILLEGAL in San Jose to:
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Open a cannabis store
- Grow cannabis for sale
- Manufacture, extract, deliver, distribute, or transport cannabis for sale.
A state license is required to open a cannabis business in California. Opening a cannabis 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.
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