Proposition 64
According to the _Proposition 64 Marijuana Legalization Initiative Statute_[1], it is still illegal to use or possess marijuana, despite medical exemption, under federal law. Be advised that a 2005 Supreme Court case[2] ruled that federal agencies still have the ability to prosecute violators of federal law regardless of any legal status under state or local.
As it affects residents in the State of California, Proposition 64 made the following in effect as of November 9, 2016:
- Legalizes under state law use of marijuana by adults 21 and older
- Permits smoking of marijuana in private homes.
- Smoking remains illegal: 1) while driving a vehicle; 2) anywhere smoking tobacco is prohibited; and 3) in all public places.
- Legalizes personal possession of up to 28.5 grams of marijuana and 8 grams of concentrated marijuana.
- Permits an individual to grow up to 6 plants within a private home, as long as the area is locked and not visible from a public place.
- Allows public and private employers to enact and enforce workplace policies pertaining to marijuana.
- Continues to prohibit the non-medical use of marijuana by those under the age of 21.
Nevertheless, the possession, use, cultivation, sale, or transport on university owned property, marijuana is still illegal[3]. CSUMB is required by the Federal Drug-Free Schools and Community Act[4] to discipline students and employees who unlawfully possess, use, or distribute illegal drugs on university property or at university activities. Additionally, the Federal Drug and Alcohol abuse Prevention Act[5] requires CSUMB to implement programs for students and employees to prevent the use of illegal drugs.
Despite the passing of Proposition 64, there is no change in how students are expected to conduct themselves regarding the possession, use, cultivation, sale, or transport of marijuana on campus.
[1] http://vig.cdn.sos.ca.gov/2016/general/en/pdf/prop64-title-summ-analysis.pdf
[2] Gonzales V. Raich (n.d.) Oyez. Retrieved from https://www.oyez.org/cases/2004/03-1454
[3] CaliforniaHealth and Safety Code § 11362.45
[4] 34C.F.R. Part 86
[5] 20 U.S.C. §1101i