Jan 6, 2016 | California Marijuana Laws, Proposed MMJ Law Changes
The MMRSA, to give it a more pronounceable handle went live on New Year’s Day, 2016, albeit with a deadline typo that is causing confusion in a number of cities. What follows is a ‘layperson’s introduction’. I’ll provide a link to more detailed information down the page.
The Structure of the Act
The MMRSA consists of three separate bills enacted together in September 2015. Its goal is to create an all-inclusive legal framework for growing, harvesting, processing, and manufacturing medical cannabis. It further regulates how the product may be tested, sold, transported, distributed and delivered.
The State licensing apparatus could take upwards of a year before being fully in place. In the interim, individual cities may enact parallel local ordinances to facilitate the supply of medical marijuana in their jurisdictions. Medical marijuana providers in California should apply for resale permits from the state board of equalization as soon as possible, as this will a necessary condition for a state license.
The Main Components
– Section AB 200 (proposed by Reps. Bonta, Cooley, Lackey, and Jones-Sawyer) establishes a Bureau of Medical Marijuana Regulation administered by the Department of Consumer Affairs. This has responsibility for maintaining an Internet database of licensees, and reporting movements of cannabis, and cannabis products throughout the state.
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Dec 2, 2015 | California Marijuana Laws, Proposed MMJ Law Changes
When Gov. Jerry Brown signed the Medical Marijuana Regulation and Safety Act on Oct. 9, 2015, he endorsed a notification calling on Californian cities to take immediate action to enact local laws or bans for medical marijuana in their areas as they wish. If these do not do so before March 1, 2016, then the general state medical marijuana laws in California becomes the authority for licensing and regulation.
Medical Marijuana Continues to Be a Contentious Issue
The dust has still not fully settled on the 1995 Proposition 215 decided by referendum. This allows ‘seriously ill’ patients under medical supervision to legally cultivate, possess and use medical marijuana for personal consumption. Even with the 2003 California Medical Marijuana program in place, some cities are still struggling to enact local ordinances to incorporate this into their urban planning.
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Nov 6, 2015 | California Marijuana Laws, Marijuana Legalization, Proposed MMJ Law Changes
Attached is a PDF document that was prepared by Hon. Steven K. Lubell (Ret.) at californiamedicalmarijuanalicensing.com. The “Medical Marijuana Regulation and Safety Act – Application Requirements” document outlines the new requirements that individuals will need to follow in order to obtain a license to cultivate, distribute, manufacture/process, or dispense medical marijuana in California. The requirements include:
– Live Scan
– Comply with local ordinances
– Provide documentation that you have a compliant property (or lease) in place
– Ensure property is at least 600 Feet from any qualifying school (as required by Section 11362.768 H&SC)
– Labor Peace Agreement: Only applies to applicants with 20 or more employees.
– Obtain a Seller’s Permit
– Pay all applicable fees
Another section discusses the meaning of “applicant” or owner:
– Regular owners or anyone with interest in the operations.
– If the owner is an entity, “owner” includes within the entity each person participating in the direction, control, or management of, or having a financial interest in, the proposed facility.
– If the applicant is a publicly traded company, “owner” is anyone owning 5 percent or more of the outstanding shares and the CEO.
Nov 5, 2015 | California Marijuana Laws, Marijuana Legalization, Proposed MMJ Law Changes
California’s 2016 legislative program has some interesting measures pending. These are 15-0103 (Control, Regulate, and Tax Adult Use of Marijuana Act) and 15-0104 (Cannabis Control and Taxation Act). The Attorney General has these posted for comment. Interested parties are free to express opinions by following the given links.
The proposed Control, Regulate, and Tax Adult Use of Marijuana Act could become one of the most significant marijuana laws in California if eventually approved. However, those on the extreme right are keen to stop it dead in its tracks if they possibly can. So what is all the fuss about? Who is backing 15-0103 and what does the Sutton-Lyman initiative contain?
The measure is supported by big money in the form of heirs to the Hyatt hotel chain and Napster’s co-founder, and has a broad support base on both sides of the house. This is because it strengthens law enforcement, makes it tougher for kids to lay their hands on pot, protects health and safety, and promises generous support for preservation of the environment.
Marijuana Laws in California: What’s the Trend?
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Nov 2, 2015 | California Marijuana Laws, Marijuana Legalization, Proposed MMJ Law Changes
I find an intriguing dichotomy in California’s Control, Regulate, and Tax Marijuana Act proposed Friday October 2 for review. On the one hand, the draft is positively socialistic. It permits Californians aged over 21 to possess an ounce of marijuana (eight decent-sized joints) and have six pot plants in the garden of which their mother may or may not approve. The rest of the 51-page draft focusses on squeezing tax money out of a to-be-regulated industry. Regardless, it would be a huge step forward for the industry to make marijuana legal in California.
The sponsors make for interesting reading. Sean Parker, Napster co-founder and ex Facebook president kicked the ball onto the pitch although his sidekick denies he supports the latest version. The leading sponsors are now Progressive Insurance, the founder of Weedmaps Media (an app guiding consumers to marijuana dispensaries) and a bunch of heirs to the Hyatt Hotel chain. This could make an interesting story line someday but you connect the dots. The Hyatt money might just be enough to inspire consensus on the bill this year.
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Oct 21, 2015 | California Marijuana Laws, Proposed MMJ Law Changes
The sponsors of the Rohrabacher-Farr Amendment passed 2014 aimed to prevent the federal government from meddling in state medical marijuana policy. The battle between the medical marijuana lobby and law enforcement reached new heights when a California federal judge gave the amendment teeth this week. Senior District Judge Charles R. Breyer supported its intention that the department of justice may not use federal money “to prevent such states from implementing their own state laws that authorize the use, distribution, possession, or cultivation of medical marijuana”.
The Case against MAMM and Lynette Shaw-
Marin Alliance for Medical Marijuana (MAMM) and its founder Lynette Shaw were in the spotlight. They had federal injunctions against them for providing medical marihuana under the conditions of the California program, and were asking for relief. The justice department took up the position that the Rohrabacher-Farr Amendment did not apply to dispensaries or individuals, and merely prevented it from “impeding the ability of states to carry out their medical marijuana laws.”
This ran counter to the motives of amendment authors’ Dana Rohrabacher (R-Calif.) and Sam Farr (D-Calif.) Their plan had been to counter efforts of the DOJ to launch a renewed onslaught on the medical marijuana industry in California, where the product has been legal since 1996 – and providers are cooperating with state regulations. Messrs. Rohrabacher and Farr sided strongly with MAMM, calling the prosecution and conviction “a violation of the law”.
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