In 1996, California voters passed Proposition 215, titled the “Medical Use of Marijuana Initiative,” that exempts patients and defined caregivers who possess or cultivate marijuana for medical treatment from criminal laws.  California became one of 14 states that allow marijuana for medical use.

Federal law does not recognize “medical marijuana.” It falls under Schedule I of the Controlled Substances Act, 21 U.S.C. Section 801 et seq., and is illegal to possess or grow even for medical purposes. 

In 2015, Assembly Bills 243, 266, and Senate Bill 643 were enacted, which created the licensing and regulatory framework for medical cannabis.  The Department of Consumer Affairs (DCA) established the Bureau of Medical Cannabis Regulation.  It is responsible for the medical cannabis regulatory process.  DCA will also be responsible for developing regulations and enforcement strategies related to the legalization of marijuana.

Proposition 64 titled the “Control, Regulate, Tax Adult Use of Marijuana Act” is on the November ballot, and if passed by California voters, it will extend the decriminalization of medical marijuana to recreational users 21 years of age and older.

The Initiative will “consolidate and streamline” regulation and taxation of both non-medical and medical marijuana.  As outlined in Section 34011 of the Revenue and Taxation Code, marijuana excise taxes will be placed on the purchase of marijuana or marijuana products sold in California at the rate of 15% of the gross receipts of any retail sale; other fees and taxes will also be assessed. 

POST staff has begun a project identification and planning schedule for the anticipation of the massive changes to the laws and training that will be necessary for law enforcement should Proposition 64 pass.

Staff has completed an in-depth analysis of the Initiative and identified the bureaus which will be involved in the development or update of training and/or resources.  Each Bureau Chief has identified the projects that will need to be completed by their staff and a projected timeline this work will take place.  Staff has also attended various workshops and meetings with law enforcement professionals to discuss other potential issues that could arise from the legalization of recreational marijuana.

The state of Colorado passed an Initiative in 2014, decriminalizing recreational marijuana.   The state of Nevada’s Legislature is debating a similar issue known as “Question 2”  that could also potentially be enacted in November in their state. Nevada chose to address the topic of marijuana decriminalization through a bill as opposed to an Initiative. 

Staff reached out to both Colorado and Nevada POST to obtain perspective on the impact this had on their operations.  Colorado POST indicated that 25% of their staff and resources are dedicated to meeting the training needs for law enforcement in response to their Initiative.  Nevada POST indicated they are aware of the impact the legalization of marijuana will have on their law enforcement training and are also gearing up to meet the needs should the bill be passed by their voters.

In light of the amount of training that would be critical to deliver immediately after the potential passing of the initiative, POST staff has begun work on the development of both basic and in-service level training. 

The Basic Training Bureau staff has scheduled a subject matter expert workshop in October to amend the Training and Testing Specifications (TTS) that will be necessary to cover the changes in law and enforcement tactics with the enactment of Proposition 64.  The TTS changes will be completed and presented to the Commission for approval at the February 2017 meeting.  

The Training Program Services Bureau staff will be holding workshops to develop a Proposition 64 course with a goal of being released in the first quarter of 2017 that will focus on the changes in the law, enforcement strategies and potential increase in under the influence driving and substance influenced incidents and crime.

Staff is also predicting updates in the curriculum and an increase in the requests for training on basic narcotics investigations and drug recognition courses. 

The authors of the Initiative anticipated an increase in substance abuse problems and created a fund titled the “Youth Education, Prevention, Early Intervention and Treatment Account,” under the Department of Health Care Services, for “programs for youth that are designed to educate about and to prevent substance abuse disorders and to prevent harm from substance abuse.”

Colorado POST reported a marked increase in use of marijuana by elementary and high school-aged students, and developed a drug resistance education program to be presented in the schools by law enforcement. POST staff will look at enhancing the current Career Pipeline curricula to enhance the drug awareness and resistant content. 

Numerous existing POST courses will need to be updated to reflect the new requirements of Proposition 64.  POST will develop training videos and a self-paced basic narcotics/marijuana course to make this training more easily accessible. 

Staff will also have to work with our law enforcement partners regarding background investigations as agencies examine their drug use policies for peace officer and dispatcher candidates.

Staff is predicting an additional workload in anticipation of future legislation that will modify the original intent and language of Proposition 64, and to address unintended consequences.  Colorado POST has had to track and implement changes from over 80 pieces of legislation since the passage of their original Initiative in 2014.

Initially, staff will use the Executive Director's spending authority to enter into contracts to present the Proposition 64 training course in order to expedite the availability of the training to the field. Additional requests for expenditures, if needed, will be presented to the Commission for approval at future meetings.

The Initiative directs the Controller to disburse the “sum of three million dollars ($3,000,000) annually” to the Department of the California Highway Patrol beginning FY 2018-19 until FY 2022-23 to establish and adopt protocols to determine whether a driver is operating a vehicle while impaired on marijuana.  The Initiative fiscal narrative does not specifically address POST, however future legislation may be necessary to address the financial drain Proposition 64 will have on POST resources.

Staff will continue to update the Commission on efforts to respond to Proposition 64.