County of Ventura Provides Proposition 64 Marijuana FAQs

Note that the following excerpts come from information published by the County of Ventura at ventura.org with regard to the passing of Proposition 64, the California Marijuana Legalization Initiative.

This proposition was passed in the recent Presidential General Election by a margin of 57..1% (7,929,915 yes votes) to 42.9% (5,945,764 no votes). In Ventura County, the margin was slightly closer, with 55.56% for the measure and 44.44% against the measure.

Immediate Changes with Passing of Prop 64:

Personal recreational use: Adults 21+ may use and grow recreational marijuana for personal use. Marijuana use is not allowed in public places. Personal growing of marijuana is limited to six plants per residence/property.  You may possess, transport or purchase up to one (1) ounce of marijuana and up to eight (8) grams of marijuana concentrates under Prop 64.

Prop 64 allows the County to establish additional restrictions in unincorporated areas, but has not done so at this point in time.

Commercial marijuana cultivation, manufacturing or sales operations: There are no
immediate impacts upon commercial marijuana activities; such activities continue to be
prohibited in the unincorporated areas of Ventura County. Commercial cultivation,
manufacturing, sales and distribution require a license from the County of Ventura and
the State of California.

Can I Sell Home Grown Marijuana?

No. Prop 64 does not allow for selling any product derived from a marijuana plant.

Can I Smoke Marijuana While Driving?

No. Prop 64 prohibits driving under the influence of marijuana. It also prohibits smoking or ingesting marijuana, or even possessing an open container or package of marijuana while driving or riding in a motor vehicle.

Can I Smoke Marijuana in Public Places?

No.

Where Can I Buy Marijuana for Recreational Use in Ventura County?

At this time, no retail or manufacturing businesses have been approved for selling recreational marijuana in Ventura County.

California Minimum Wages Increase Again on January 1, 2018

Pursuant to California Senate Bill No. 3 signed by Governor Jerry Brown in April 2016, on January 1, 2018, the California minimum wage increases from $10.50 to $11 per hour for employers with 26+ employees and from $10 to $10.50 for employers with 25 or less employees (with the exception of California sheepherders...which you can read about more HERE).

The overall target of the legislation is $15 per hour for all employees by January 1, 2023 (companies with 26+ will get there by January 1, 2022; one year earlier than smaller companies).

Future Minimum Wage Increases for Employers with 26+ Employees:

• 1/1/19: $12/hour
• 1/1/20: $13/hour
• 1/1/21: $14/hour
• 1/1/22 until adjusted again: $15/hour

If your employer has 25 or fewer employees, there will be a year lag in the increases highlighted above.

• 1/1/19: $11/hour
• 1/1/20: $12/hour
• 1/1/21: $13/hour
• 1/1/22: $14/hour
• 1/1/23: $15/hour

So, if you are a minimum wage employee at a smaller company, you will be making slightly less than your "larger" company counterparts in California until 1/1/23.

After 2022, the minimum wage will generally be increased by the lesser of 3.5% or the annual inflation rate.

More on California minimum wages at www.dir.ca.gov/dlse/faq_minimumwage.htm.

But WAIT!

If you are a minimum wage employee in the City of Los Angeles, different rules apply:

Employers with 26+ Employees in City of Los Angeles:

• 7/1/17 to 6/30/18: $12/hour
• 7/1/18 to 6/30/19: $13.25/hour
• 7/1/19 to 6/30/20: $14.25/hour
• 7/1/20: $15/hour

Employers with 25 or Fewer Employees in City of Los Angeles (or 26+ Employees with approval to pay a deferred rate):

• 7/1/17 to 6/30/18: $10.50/hour
• 7/1/18 to 6/30/19: $12/hour
• 7/1/19 to 6/30/20: $13.25/hour
• 7/1/20 to 6/30/21: $14.25/hour
• 7/1/21: $15/hour

More on L.A. City minimum wage laws at wagesla.lacity.org.

And of course, there's the irrelevant (at least to the majority of, but not all, states) Federal Fair Minimum Wage Act of 2007, which established the now current Federal minimum wage at $7.25/hour as of July 24, 2009.

It Will Be Illegal for California Employers to Ask for Salary Information Effective January 1, 2018

Recently signed into law in the State of California was AB-168 "Employers: salary information." This law prohibits all employers in the state to ask for salary history information from job applicants. Salary history is defined to include compensation as well as benefits.

The law goes on to say that the salary history information cannot be sought orally or in writing, personally or through an agent. 

This new law takes effect January 1, 2018.

The law does not preclude candidates to volunteer such nor prohibit employers from using that information to determine the salary for the applicant.

The goal of this law is to narrow the wage gap of men and women by removing the past pay variable from the equation. AB-168 also requires that employers, upon reasonable request, must provide the pay scale for a position to a job candidate. Of course, the law does not define "reasonable" or how narrow or wide the pay scale must be.

Text of AB-168 at THIS LINK.

New Cell Phone Law Effective January 1, 2017 Requires Mounting of Phone For Car Use

The Camarillo Police Department’s Traffic Bureau reminds motorists that a new cell phone law takes effect on January 1, 2017. On the 1st, the existing cell phone law, California Vehicle Code 23123.5, is being repealed and a new cell phone law signed by Governor Brown in September 2016 (Assembly Bill 1785) is being put in its place.

California Vehicle Code 23123.5. now states:
(a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.

(b) This section shall not apply to manufacturer-installed systems that are embedded in the vehicle.

(c) A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the driver’s hand while the driver is operating the vehicle only if both of the following conditions are satisfied:

(1) The handheld wireless telephone or electronic wireless communications device is mounted on a vehicle’s windshield in the same manner a portable Global Positioning System (GPS) is mounted pursuant to paragraph (12) of subdivision (b) of Section 26708 or is mounted on or affixed to a vehicle’s dashboard or center console in a manner that does not hinder the driver’s view of the road.

(2) The driver’s hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the driver’s finger.

This new cell phone law means if drivers intend to use their cellphones while operating a motor vehicle, drivers must have their cell phones mounted to the dashboard, center console, or windshield and can only use a “feature” on the phone with a single swipe or tap of the driver’s finger.

A violation of this law is an infraction. The base fine for the first offense is $20 and $50 for each subsequent offense.

According to the National Highway Traffic Safety Administration (NHTSA), “The percentage of drivers text-messaging or visibly manipulating handheld devices increased from 1.7 percent in 2013 to 2.2 percent in 2015. Since 2007, young drivers (age 16 to 24) have been observed manipulating electronic devices at higher rates than older drivers. Data shows the average time your eyes are off the road while texting is five seconds. When traveling at 55mph, that's enough time to cover the length of a football field blindfolded.”

California Statewide Single-Use Carryout Bag Ban is Now in Place

On November 8, 2016, California voters approved Proposition 67, the statewide Single-Use Carryout Bag Ban.

As a result, the new law is in effect and most grocery stores, retail stores with a pharmacy, convenience stores, food marts, and liquor stores are no longer able to provide single-use plastic carry-out bags to customers.

Instead, these stores may provide a reusable grocery bag or recycled paper bag to a customer at the point of sale at a charge of at least 10 cents.

Many cities and counties have bag ordinances in place. Some of these jurisdictions’ ordinances will not be subject to this new law, depending on whether they meet certain preemption requirements.

• The City of Calabasas has had a single-use bag ban in place since July 1, 2011. www.cityofcalabasas.com/bags.html
• The City of Ojai has had a single-use bag ban in place since July 1, 2012. ojaicity.org/single-use-carryout-bag-ordinance
• Plastic single-use bags have been banned in Malibu since 2008 www.malibucity.org/index.aspx?nid=295

The following types of stores are impacted by the bag ban:

Grocery Stores: Full-line, self-service retail stores with gross annual sales of at least $2 million that sell a line of dry groceries, canned goods, or nonfood items and some perishable items.

Large Retail Stores with a Pharmacy: Stores that have at least 10,000 square feet of retail space and a pharmacy and that generate sales or use tax.

Convenience Stores, Food Marts, or Liquor Stores: Stores engaged in the retail sale of a limited line of goods, generally including milk, bread, soda, and snack foods, and that hold a Type 20 or Type 21 license issued by the Department of Alcoholic Beverage Control.

Volunteer Stores: Retail establishments not included in this list that voluntarily agree to comply with the requirements of the statute.

Are there single-use bags NOT covered by the new law?
Yes. Bags used by pharmacies for prescriptions; bags used to protect a purchased item from damage or contamination, such as bags used for fruits and vegetables; and bags used to contain unwrapped food items like bulk foods are some examples of single-use bags not covered by the new law. In addition, bags without handles that are designed to be placed over articles of clothing on a hanger are not covered under the new law.

More details at www.calrecycle.ca.gov/Plastics/CarryOutBags/default.htm.

California Child Passenger Buckle-Up Laws and Seat Belt Safety Information

Booster seats save lives! Car crashes are a leading preventable cause of death and permanent injuries in children. SafetyBeltSafe U.S.A. is a non-profit organization dedicated to child passenger safety. Its mission is to help reduce the number of serious and fatal traffic injuries suffered by children by promoting the correct, consistent use of safety seats and safety belts. The following information is provided courtesy of this organization. Visit www.carseat.org for more information.

California Buckle-Up Laws for Parents

Children under age 8 must be properly buckled into a safety seat or booster in the back seat (V.C. 27360). Exceptions:

• A child who weighs over 40 pounds and is riding in a car without lap and shoulder belts in the back seat may wear just a lap belt.
• A child under age 8 who is at least 4' 9" may wear a safety belt if it fits properly.
• Children under age 8 may ride in front if there is no forward-facing rear seat in vehicle, the child restraint cannot be properly installed in rear seat, all rear seats are occupied by other children age 7 or under, or for medical reasons.
• A child in a rear-facing safety seat may not ride in front if there is an active passenger air bag.

NEW LAW EFFECTIVE 1/1/17: Children under 2 years old must be rear-facing unless they are 40 lbs or greater or are 40 inches in height.

Having problems with your child safety seat? Don't worry, you're not alone! Visit www.nhtsa.gov/people/injury/childps/CPSFitting/Index.cfm for a list of local safety seat inspection stations. Or try Safe Kids Ventura County, where you can schedule a car seat inspection in collaboration with the Ventura County Fire Department in Camarillo (Wednesdays 805.389.9748), Moorpark (Mondays 805.552.1917) and Thousand Oaks (Mondays 805.496.9035) by appointment.

Children age 8 or older may use the vehicle safety belt if it fits properly, with the lap belt low on the hips, touching the upper thighs and the shoulder belt crossing the center of the chest. If children are not tall enough for proper belt fit, they must ride in a booster or safety seat. (V.C. 27360.5)

Seat belt safety graphic courtesy of SafetyBeltSafe U.S.A.

According to SafetyBeltSafe, most kids need to ride in a booster seat until age 10 to 12. Using a booster instead of just a belt prevents 45% of crash injuries. If your child isn't using a booster, try the following simple 5-step test:

1. Does the child sit all the way back against the auto seat?
2. Do the child's knees bend comfortably at the edge of the auto seat?
3. Does the belt cross the shoulder between the neck and arm?
4. Is the lap belt as low as possible, touching the thighs?
5. Can the child stay seated like this for the whole trip?

Answering "no" to any of these questions indicates your child needs a booster seat.

Consequences for not properly buckling up children under age 16:

• Parent gets ticket if child under 16 is not properly buckled up.
• Driver gets ticket if parent is not in the car.
• Cost of ticket could be more than $500 per child (including penalties) and $1,000 per child for a second offense. And a point is added to your driving record.

Related information:

• Older babies and toddlers should ride in a rear-facing convertible seat until they are at least two years old.  Check seat instructions for maximum weight (30-45 lbs).
• Children should ride in a safety seat with a harness as long as possible (40-90 lbs).
• Children who have outgrown safety seats need a booster for proper belt fit (usually age 10-12)
• Auto insurers must replace safety seats that were in use or damaged during a crash.

Refresher on other vehicle and safety laws:

• Drivers and passengers 16 or older must be properly buckled up. Drivers can be ticketed for not wearing a seatbelt and for each unbuckled passenger. Passengers may also be ticketed if not properly buckled up. Fine is more than $100 per person, with penalties. (V.C. 27315)
• Pickup truck passengers must be properly buckled up. The driver may be ticketed for letting passengers ride in the back of the truck. No exemption for camper shells. Cost of ticket can exceed $250, including penalties. (V.C. 23116)
• Children up to 6 years old may not be left alone in vehicle if the health or safety of child is at risk, the engine is running, or the keys are in the ignition. The child must be supervised by someone at least age 12. Cost of ticket can exceed $500. (V.C. 15620)
• Smoking in vehicle is prohibited if child under age 18 is present. Ticket can exceed $500.
• Children under age 18 who are skating or riding a bicycle, scooter or skateboard must wear a properly fitted and fastened helmet.
• All motorcycle drivers and passengers must wear a helmet that meets federal standards, fits correctly and has the proper label.

California Minimum Wage Increased from $9 to $10 Per Hour on January 1st

Since July 1, 2014, the minimum wage in California has been $9 per hour (up from $8 per hour effective January 1, 2008). But effective last Friday, January 1, 2016, the minimum wage increased to $10 per hour, an 11.1% increase for those earning the minimum wage.

The 2014 and 2016 increases were driven by legislation enacted on September 25, 2013.

The Federal minimum wage has stood at $7.25 since July 24, 2009. $7.25 in 2016 dollars equates to about $6.55 in 2009 dollars.

To learn more about California minimum wages, visit www.dir.ca.gov/dlse/faq_minimumwage.htm. Federal minimum wage laws are at www.dol.gov/dol/topic/wages/minimumwage.htm.

However, if you are a California sheepherder (there must be one or two in Ventura County, right?), you have your own minimum monthly salary that increased from $1,600.34 effective July 1, 2014 to $1,777.98 effective January 1, 2016.

Why is there a separate minimum wage law for sheepherders in California? Well back in 2000 hearings were held by the Industrial Welfare Commission in which sheep ranchers lobbied for an exemption for general minimum wage rules for sheepherders. 

There are not many commercial sheep producers in California and it was estimated that only 300 to 400 sheepherders, mostly foreign nationals, existed in 2000 in an occupation that "remained largely unchanged over many centuries." Flocks range generally from 800 to 1000 sheep (that's way more than I need to count myself to sleep).

Long story short: Due to the unique nature of the job of sheepherder, it was deemed appropriate to apply a different minimum wage law for this particular profession.  Based on a 2,080 hour work year, a sheepherder's wage in 2016 translates to $10.26 per hour, slightly more than the average minimum wage worker. Not baa'd.

Looking for a job that perhaps earns more than the minimum wage? Don't be a sheep! Check out THIS LIST of over 300 employers in Ventura County and surrounding areas.