SUMMARY: S.B. 1201 was signed into law on June 22, 2021. The personal use provisions of the law took effect on July 1, 2021. It permits adults 21 and older to possess up to 1.5 ounces of cannabis flowers or an equivalent amount of cannabis concentrates in public, and up to five ounces of marijuana in their private residence. The measure limits the discriminatory actions that employers, hospitals, and others may take against those who test positive for past cannabis exposure. It also provides protections for parents and tenants who use cannabis in compliance with the law. The bill mandates that the odor of marijuana alone cannot be used as a basis for police to search an individual, and it prohibits jail time as a penalty for those under the age of 21 who are caught in possession of marijuana. Young adults (those ages 18 to 20) face civil penalties for marijuana possession. The use of cannabis in public remains subject to penalty.
Home cultivation is permitted under the law, but adults are not legally permitted to engage in this activity until July 1, 2023. At that time, an adult can grow up to six plants and/or 12 plants per household. Registered medical cannabis patients will be permitted to engage in home cultivation in the fall of 2021.
Commercial production and retail cannabis sales are permitted under the law by those with state licensure. Licensed retailers were subject to both state and local regulations, and local municipalities may impose moratoriums on cannabis-related businesses. Marijuana flowers available at retail facilities are capped at 30 percent THC, while concentrated products (except vape cartridges) will be capped at 60 percent THC. Retail purchases are subject to the state’s sales tax. Designated public consumption facilities are permitted under the law in municipalities with 50,000 residents or more