California Prop 64 & MMRSA Deadlines Go Up in Smoke

Frankly, we are less than surprised about the program slippage. In fact we have been warning for a while that implementation of Proposition 64 will not come in on target. Unlike marijuana entrepreneurs that have been preparing for years, our lawmakers are following a strictly linear process.

It is a shame really. California has a great dealt to benefit in terms of taxes. Yet our lawmakers insist on following a single-level approach. First, they draft a proposition that was bound to get through. Then they hold a ballot the result of which was virtually certain. Then and only then do they put administrative structures in place. These are currently drafting regulations that should have started years ago.

This is no way to begin a profitable business, as I am confident Patrick McGreevy writing in Los Angeles Times will agree. He confirms a stir at the California Capitol on Monday, when lawmakers challenged the ability of state agencies to come in on time.

The Smoking Pot Bomb California Faces

To recap, Proposition 64 wants licenses in place by January 1, 2018. The regulations and system may yet be. However, there will still be numerous license applications in the pipeline. To avoid prejudice and unfair practice there are going to have to be numerous provisional licenses at first.

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How to Obtain a Medical Marijuana Card in California

Delays in implementing Prop 64 may mean some healthy marijuana users are tapping on the medical door to satisfy their recreational desires. The authorities will have likely already raised their level of scrutiny. Thus getting your application for a medical marijuana card right first time could be crucial for your health.

Your First Step: Do You Really Need the MMJ….(Um – Yes.)

Clinical cannabis is typically not for treating flu or acne. However, nowadays that is probably sufficient to get a doctor’s recommendation. A decade ago, many doctors required more serious medical conditions along the lines of cancer, HIV, epilepsy, or multiple sclerosis for example. Prop 215 also lists depression (which is difficult to diagnose) and “any other condition for which medical marijuana may provide relief”. That statement is the key to providing flexibility to doctors in providing scripts. Given HIPAA laws, law enforcement is not allowed to inquire about your medical condition. As such, once you get your card you are golden! Your next step is to find a doctor to write a recommendation.

Any doctor with a California Medical Board license can do this. However, you may have more sympathy from a ‘Class 420 Doctor’ who already knows the ropes. As you probably know, most ‘420 Doctors’ go “all in” and make marijuana their main focus. These doctor’s specialize in matching your condition with the benefits of medical marijuana.

Your Next Step is Getting a Medical Marijuana Card

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California’s John Chiang Moves to Normalize Marijuana Money

We enter the New Year with a myopic food and drug administration. It still classifies cannabis as schedule one narcotic, while the majority of California citizens believe we should treat it the same way as alcohol. To compound the problem, most California banks are still scared of accepting marijuana money. They fear of prosecution under money laundering laws.

This creates a legal logjam. Deputy Attorney James M Cole tried unsuccessfully to break this on August 29, 2013. He pleaded for prosecutorial discretion and the ‘efficient use’ of federal resources when deploying law enforcement. Thus far, we have limped along in an elaborately choreographed legal pas de deux. Now California state treasurer John Chiang has made his move.

The Marijuana Money Problem We Need to Solve

“We need quick action and practical solutions,” he told reporters including Orange County Register late December. “California is willing to assume a leadership role nationally to effectively achieve this goal.”

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AUMA (Prop 64) Question and Answer

Marijuana & Business as Usual In California

Well not quite, because now we have to follow standard business practices which will be a pain for some. Instead of the feds breathing down our necks, we have AUMA (The Control, Regulate, and Tax Adult Use of Marijuana Act of California) on its way to passage. Our phones are ringing off the hook. Here are the hot FAQ’s we are currently answering.

Question: Who Is Regulating the California Cannabis Business Now?

AUMA established a Bureau of Marijuana Control in the Department of Consumer Affairs. Its job is to license and regulate the industry although it is still finding its feet. Note that this is not the same as the Bureau of Medical Marijuana Regulation. The Bureau of Marijuana Control should supersede it but this will not happen right away.

These bureaus are not the only regulators we may have to placate. Marijuana retailers, distributors, and micro businesses still have to deal with the Department of Consumer Affairs. The Department of Food and Agriculture will continue to license and oversee marijuana cultivation, with the Department of Public Health taking care manufacturing and testing. Finally, the State Board of Equalization will collect marijuana taxes. Well we did want government to treat us like a business.

Question: To What Time Line We are Working?

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Tuesday November 8th 2016 Was Quite a Day

Tuesday, November 8th 2016 was indeed quite a day. We got a new President, and we got the right to recreational cannabis in California (via Prop 64). What’s more, Massachusetts and Nevada followed suit, with Arkansas, Florida and North Dakota conceding medical marijuana.

When California joined the movement it became possible to share a joint along the entire U.S. west coast. This will put pressure on dissenting states, and ultimately on Washington whence a decision must ultimately come. Some folk who spent time in jail may be thinking of recourse.

Tuesday’s decision is only fitting for the Golden State, where the first medical marijuana approval passed two decades ago. Los Angeles Times reports that law enforcement does not necessarily see cause for merry making, and plans to monitor implementation of “substandard advertising restrictions and lack of prosecutorial tools for driving under the influence of marijuana closely”.

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How California Might Implement Proposition 64

The Proposition 64 Ballot is on November 8, 2016. Stripped of the hyperbole, voters have a choice of saying ‘Yes’ or ‘No’ to the following proposal.

– Legalize marijuana under state law for use by adults 21 or older

– Impose state taxes on sales and cultivation

– Provide for industry licensing and standards for marijuana products

– Allow local regulation and taxation

– Receive additional tax revenues, mostly for specific purposes

– Reduce costs of criminal justice

That’s a broad palette to give to politicians. MMJ Info decided to dust off the crystal ball and figure out what they will do if, and we think likely voters approve.

Benefits for Consumers from Legalized Marijuana

Adults will be free to grow, purchase, transport, and possess a small but significant amount of marijuana for personal use without requiring a medical script. There are however still some limitations.

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