To summarize the briefing at the October 2016 Commission meeting, voters passed Proposition 215 titled the “Medical Use of Marijuana Initiative,” in 1996, allowing for the medical use of marijuana.  In 2015, Assembly Bills 243, 266, and Senate Bill 643 were enacted, which created the licensing and regulatory framework for medical cannabis. 

The passage of Proposition 64 will permit marijuana in both medical and recreational arenas.  POST staff has briefed with internal staff and external partners to develop an action plan to address regulatory, standards, and operational updates since the passage of Proposition 64. 

A consideration this year will be the potential policy change that will accompany the President Trump transition team. In the past, the U.S. DOJ has taken a "hands off" position, allowing states to govern their own policies relating to the cultivating and consumption of marijuana (reference the Cole Memo).  The Trump administration may change the direction of the DOJ. Additionally, marijuana remains an illegal controlled substance under the Controlled Substances Act.

POST staff has taken an aggressive planning position to provide information to the field in the form of:

• Deployed an informational bulletin, refer to Attachment A
• Created a Proposition 64 Resource webpage
• https://www.post.ca.gov/proposition-64-the-control-regulate-and-tax-adult-use-of-marijuana-act.aspx
• Met with subject matter experts to update academy curricula.
• Examined peace officer hiring, background, and medical standards and developed a resource document for stakeholders
• https://www.post.ca.gov/Data/Sites/1/post_docs/resources/proposition-64/Proposition-64-and-POST-Selection-Standards.pdf
• Collaborated with the field, including CHP, Chiefs, Sheriffs, and line personnel to consider the potential impact on peace officer applicants, currently employed peace officers, and driving under the influence recognition.

At the October 2016 Commission meeting, Commissioner DeLaRosa asked POST staff to prioritize efforts. Considering amending legislation is expected in the upcoming months, coupled with unknown variables due to local regulations (counties/cities can opt in-out), the task of prioritizing POST efforts must be agile enough to accompany anticipated changes.

The following is a list of tasks that POST staff recognize as important and require attention (followed with a priority rating):

• Review the Regular Basic Course (RBC), Student Workbooks, Training and Testing Specifications (TTS) and the Field Training Program for necessary updates (high) 
• Make information available to the field using the POST website (high)
• Create an training DVD for the field (high)
• Collect data from all possible sources to evaluate change pre/post Proposition 64 (high)
• Examine existing standards and manuals related to hiring, testing, medical, and background processing of peace officer applicants (high)
• Examine the impact to existing guides published by POST for updates (medium)
• Convene a Proposition 64 summit involving the field, to identify common issues that will require resolution while maintaining standards (medium)

At the same Commission meeting, Commissioner Long inquired about the impact to search and seizure because of Proposition 64.  In essence, Proposition 64 makes it legal for persons over the age of 21 to use marijuana for personal use, and for the same to grow up to six plants in their home for personal use.  Marijuana is still illegal for persons under the age of 21 years to use/possess, and for anyone to consume in a motor vehicle or to be under the influence with driving.

Therefore, reasonable suspicion to detain or probable cause to arrest would exist with anyone who:

• Appears to be under 21 years of age, consuming or under the influence of marijuana, or
• Anyone who appears to consume or be under the influence of marijuana in a motor vehicle, or
• Anyone who appears to be transporting over six plants of marijuana, or
• Anyone who appears to be cultivating over six plants of marijuana in their home, or,
• Anyone over 21 years of age consuming marijuana in an unauthorized location (school, bar, etc.)

POST staff sees the potential for ongoing changes to Proposition 64 through amending legislation.  POST will continue to remain agile to accompany the upcoming change to laws and regulations.