Adult Use of Marijuana Act

Proposition 64: California Adult Use of Marijuana Act (“AUMA”)

On November 8, 2016, California voters approved Proposition 64 legalizing the commercial and recreational use and sale of marijuana. However, retail sales and commercial cultivation cannot take place until the State develops and implements regulations as required by the California Adult Use of Marijuana Act (“AUMA”), which are expected to be in place by January 2018.

Until then, in order to ensure local control over the commercial marijuana industry in Ventura, on January 9, 2017, the Ventura City Council adopted an Interim Urgency Ordinance extending a citywide moratorium on the establishment and operation of commercial marijuana facilities, on commercial cultivation, and on private non-medical marijuana cultivation until mid-November.   Read the staff report here.

For information on the City of Ventura’s ordinance pertaining to medical marijuana, please see the City of San Buenaventura Municipal Code, Chapter 8.420.

 AUMA: Frequently Asked Questions

 Is it legal to possess marijuana?

The AUMA, allows individuals 21 years or over to possess an ounce or less of leaf marijuana or up to 8 grams of concentrate.

 How many plants can be grown per residence?

The AUMA, allows individuals 21 years or over to grow up to 6 plants indoors per residence, regardless of the number of households living in a residence.

 Can marijuana be grown outdoors?

Cultivation must be indoors, and may be in a greenhouse that is on the property of the residence, but only if fully enclosed, secure, and not visible from a public space.

 Is it legal for marijuana to be given to others?

The AUMA allows individuals 21 years of age or over to give an ounce or less to another adult 21 years or older.

 May individuals continue to use medical marijuana?

Medical marijuana use is permitted only as allowed by local jurisdictions.

 Can individuals buy/sell marijuana?

The AUMA does not allow individuals to buy/sell recreational marijuana until state regulations have been implemented (possibly January 2018), and provided the local governmental agency allows for sale and purchase within its jurisdiction.

 Are medical marijuana distribution facilities (e.g., dispensaries) allowed?

With limited medical exceptions, no distribution facility is permitted to operate within the City of Ventura’s jurisdiction.

 Can individuals drive while under the influence of marijuana?

The AUMA does not allow individuals to drive under the influence or with an open container of marijuana.

 Can individuals smoke marijuana in public? 

The AUMA does not allow smoking of marijuana in public – or anywhere tobacco is banned.

 Does the city of Ventura allow retail sale of cannabis products or those containing cannabidiol (CBD)?

As noted on the City’s Web site, only delivery of medical marijuana by no more than 3 delivery services within the County of Ventura, but outside the City of Ventura, will ultimately be allowed.

The sale of products containing cannabis or cannabidiol (CBD), irrespective of THC content, by retail businesses operating within the City of Ventura is a violation of the City’s ordinance. While many cannabis and CBD products are available in dispensaries and over the internet, none of these artisanal preparations has been approved by the Food and Drug Administration (FDA) for safety or efficacy. CBD remains a schedule 1 substance under the federal Controlled Substances Act. The US Department of Agriculture, the Department of Health and Human Services, and the Drug Enforcement Administration have issued a Notice that the “Farm Bill” does not remove industrial hemp from Schedule 1.