1. Social Justice Aspects of Proposition 64: Adult Use of Marijuana Act
Glenn Backes
Public Policy Research & Consulting
Sacramento, California

2. Sentencing Reform Community Reinvestment Drug and Alcohol Treatment Economic Opportunity

3. Summary Sentencing Reform Record clean-up Remove Barriers to Licensure
Licensing Fees
Community Reinvestment Grants
Drug Treatment & Prevention
Local efforts to promote equity

4. Sentencing Reform As of November 9, 2016,
Possession of up to one ounce of cannabis or 8 grams of concentrate is legal for adults 21 and older.
Possession of up to one ounce/8 grams by a person is an infraction with a $100 fine.
Possession of cannabis/contentrates by a minor is an infraction, with no fine, but possible referral to drug education, community service.

5. Sentencing Reform As of November 9, 2016,
Personal cultivation of up to six plant is legal for adults 21 and over (six plants per residence, out of public view).
Cultivation by a person 18-20, up to 6 plants infraction, $100 fine.
Cultivation by any adult of more than 6 plants without a license, misdemeanor, unless the person has certain priors, in which case they may be subject to felony or misdemeanor.

6. Sentencing Reform As of November 9, 2016
Possession with intent to sell by an adult, reduced from felony to misdemeanor, except for persons with certain priors, in which case they may be subject to felony or misdemeanor.
Sales, transportation, furnishing, reduced from felony to misdemeanor, except for persons with certain priors.

7. Sentencing Reform As of November 9, 2016,
All marijuana offenses committed by minors, under 18, are infractions. Sentenced to drug education, counseling, community service. Not jail.
Records of person under 18 are destroyed when a minor turns 18.

8. Sentencing Reform Unchanged:
Furnishing cannabis to a minor remains a felony.
Manufacturing cannabis products with volatile solvents without a license remains a felony.
Attempting to smuggle cannabis across state lines remains a felony.
Driving while impaired, with an open container remains illegal (felony, misdemeanor, infractions).
Cannabis consumption in public is illegal ($100, $250 near schools or where tobacco is prohibited).

9. Sentencing Reform Unchanged (continued):
Possession of up to one ounce by a person 18-20, infraction, $100 fine
Possession of over an ounce by an adult, misdemeanor (6 months/$500)

10. Record Clean-Up & Resentencing
For persons with marijuana priors who are not current incarcerated, on probation or parole, they apply at the court where they were convicted to remove a conviction, or change a felony to a misdemeanor on their record.
For persons who are currently incarcerated, or on probation or parole, for marijuana offense, they should contact their defense attorney.

11. Community Reinvestment Grants
$10 million beginning fiscal year
Increasing $10 million each year until , to $50 million/year.
Community Reinvestments grants to local health departments and to qualified community-based nonprofits in communities disproportionately affected by past federal and state drug policies.

12. Community Reinvestment Grants
To support job placement, mental health treatment, substance use disorder treatment, system navigation services, legal services to address barriers to reentry, and linkages to medical care.

13. Treatment Investment
Massive increase in funding of prevention and treatment for youth.
Once the market and taxes reach the estimates of independent analysts, the total annual investment could exceed $400 million/year.
This is for all drugs and alcohol, not just cannabis.

14. Remove Barriers to Licensure
The state cannot deny a person a commercial license solely on the basis of a prior drug conviction, except for those involving sales or furnishing to a minor.

15. Licensure Fees Scaled lower fees for licenses for small businesses.
Prop 64 created ‘micro-business’ licenses.

16. Equity Provisions from Local Governments

17. Equity Provisions from Local Governments
Oakland, Approved Nov 7, 2nd reading tonight
Equity Applicant:
Oakland resident;
Income at or less than 80% of Oakland Average Medium Income;
Resides for at least 10 years in specific police beats or has a prior marijuana conviction in Oakland.
Initially, at least 50% of licenses will go to Equity Applicants.

18. Equity Provisions from Local Governments
Oakland continued
Benefits for Equity Applicants:
Waiver of some fees
No-interest start up loans
Technical assistance
Equity Incubators
Free space for an Equity Applicant for at least 3 years. At least 1000 square feet
Equity fund to assist applicants and licensees

19. Equity Provisions from Local Governments
San Francisco, Nov 14 Rules Committee recos:
Equity Applicants:
5 years or more in SF census tracts with at least 17% of families had incomes below federal poverty level;
And meets at least 2 of the following criteria:
Income at or less than 80% of SF Average Medium Income;
Experienced housing insecurity in SF;
Parent, sibling or child convicted of a nonviolent crime;
Attended a public school in SF;
Previously arrested or convicted, with certain criteria for washout or record cleanup.

20. Equity Provisions from Local Governments
San Francisco, continued:
Equity Incubator:
Provide tech assistance to Equity Applicants or provide free space (800 sq feet or 10% of owner premises).
At least 50% of all work hours by local residents;
At least of 50% of employees are similar to those who would qualify to be Equity Applicants (income, poverty rate, prior arrests or convictions)
Community investment plan for residents & businesses within 500 feet

21. Equity Provisions from Local Governments
San Francisco, continued:
First preference for Equity Applicant;
Second, Equity Incubator
Equity Fund: technical assistance; capital improvements, legal services

22. Equity Provisions from Local Governments
City of Los Angeles.
At least half of licenses will be for Equity Programs
4 tiers of Social Equity Program
Low income residents with prior marijuana conviction. 51% ownership by Social Equity Participant.
Low income resident with a family member convicted of marijuana offense. 51% ownership.
Low income resident who lives in eligible impacted districts for at least 5 years, OR a person who resides in impacted districts for at least 10 years % ownership.

23. Equity Provisions from Local Governments
City of Los Angeles.
4 Social Equity Community Partner
Provide capital, or space to Tier 1 or 2 applicants
Contribute 2.5% annual gross receipts to Community Reinvestment & Benefits Fund
All tiers require 50% local hire, inclusive of 20% social equity hires, 10% transitional.

24. Sentencing Reform Community Reinvestment Drug and Alcohol Treatment Economic Opportunity

25. Thank You
Glenn Backes Public Policy Research & Consulting