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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Oct 16, 2015 | California Marijuana Laws, Collective Operations, Proposed MMJ Law Changes
The amended versions of California’s Assembly Bill 266 and Senate Bill 643 containing California’s take on medical marijuana may seem complex – but at least this time everything is neatly set out in Regulation AB 266 the Governor signed into law on October 9, 2015. However this is no guarantee that they are practical).
The regulations really are little more than a bureaucratic shove to get participants past the corncob-chewing era, and out in the open behaving like the rest of the food and drug fraternity. Cutting out the legalese (the authors must be paid per word) here is the bottom line on rules for packaging under Article 7 (Licensed Distributors, Dispensaries, and Transporters) at Section 19347(a).
- While MMJ products must be labeled and be in tamper-proof packages, these may not attract interest from children.
- Packaging must prominently display the following in clear and legible font (could be problematic when supplying individual doses)
– Date and place of manufacture
– The words “SCHEDULE I CONTROLLE SUBSTANCE.”
-“KEEP OUT OF REACH OF CHILDREN AND ANIMALS” in bold print
– The restriction “FOR MEDICAL USE ONLY.”
- Packaging must also display the following warnings, again in clear and legible font.
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Sep 29, 2015 | California Marijuana Laws, Marijuana Legalization, Proposed MMJ Law Changes
Medical Marijuana Regulation and Safety Act is A Combination of Three New Laws
When Gov. Jerry Brown signs three new bills to regulate California’s maverick medical marijuana industry, several things are going to change forever. Old enemies in law enforcement and the MMJ industry will have to learn to collaborate. Medical marijuana dispensers will find themselves more in the open. The state has multiple registrations looming, and more transaprity will be required.
Teaming with a Consultant No Longer a Luxury
The legislation contained in the three new bills is complex and we will be keeping you in the loop as the system beds down. As California’s MMJ industry evolves into a mainline business there will be hurdles we previously avoided. On the positive side, there is now a real possibility of finally making a lot of money from medical marijuana – we will be moving away from the not-for-profit model that is currently required. The rules of engagement are just going to become more formal.
California MMJ Law Eliminates Collectives and Cooperatives
Californians active in the industry – or wanting to enter will have to apply for a state license as commercial grower, distributor or seller. If operating in a “wet” jurisdiction they will also need a license from their city / county. As California Norml’s Nate Bradley recently told his members “it’s better than having your doors kicked in.” The best gatekeeper is knowledge, the foreknowledge we provide.
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Aug 17, 2015 | California Marijuana Laws, Proposed MMJ Law Changes
Don Duncan at Americans for Safe Access recently published an article outlining the benefits of MMJ regulations in California. He feels that research and experience show that sensible regulations are good for MMJ patients, providers, and CA communities.
The California State Legislature will be back in session soon and there are currently three medical cannabis bills that the Senate Appropriations Committee will be considering. The bills specifically cover licensing and regulation of commercial medical cannabis activity and to toughen laws related to manufacturing concentrated cannabis. [AB 243 (Wood), AB 266 (Bonta), and AB 849 (Bonilla)].
Medical marijuana regulations will help set the stage if there is legalization in California November 2016. Some of the benefits of commercial medical cannabis regulations are:
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Aug 12, 2015 | Marijuana Legalization, Proposed MMJ Law Changes
YES, Recreational usage of marijuana became legal in CA with the passing of Proposition 64 (AUMA) on Nov 8th, 2016 (by a majority vote of 56%). The law took effective immediately and allows individuals to possess and grow (a limited amount of marijuana). Medical marijuana has been legal in California since 1996.
Adult Use of Marijuana Act
Controls, regulates, and taxes responsible adult use of marijuana, while protecting children, safeguarding local control, protecting public health and public safety, and defending our environment and water.
Prop 64 allows adults age 21+ to possess, transport, purchase, recreationally consume and share up to one ounce of marijuana and eight grams of marijuana concentrates.
– You can legally grow up to six plants at home
– Smoking marijuana in public is still illegal.
– Driving while under the influence of marijuana is still illegal.
Imposes a 15% excise tax on all marijuana sales.
– The independent Legislative Analyst’s Office (LAO) expects annual revenue to eventually reach over $1 billion.
– Projected to save the state and local governments $100 million annually due to reduced legal and incarceration costs.
Directs tax revenues to the newly established California Marijuana Tax Fund.
– 60% of the fund will be used towards youth substance abuse prevention, treatment, and education.
– 20% goes to helping state and local law enforcement.
– 20% will be used for environmental purposes, restoration, cleanup, and enforcement efforts.
– Additionally, a portion of revenue will be allocated for medical marijuana research and to studying implementation outcomes.
– Creates a community reinvestment fund that will allocate tens of millions of dollars annually towards economic development and job placement for neighborhoods most in need.
– A portion of revenue will also be used for medical marijuana research and for studying implementation outcomes.
Greatly reduces – and in many cases, eliminates – criminal penalties for marijuana offenses.
– Alleviates the currently overburdened criminal justice system.
– Allows those with prior marijuana convictions to petition the courts to revisit cases that the new law legalizes.
Imposes the strictest regulations governing labeling, packaging and testing of marijuana products in the nation. These are designed to protect children from accessing marijuana, and to convey warnings to help adults consume safely.
-The Department of Consumer Affairs (DCA) will serve as the lead regulatory agency.
-The Department of Public Health (DPH) will oversee testing and manufacturing.
-The Department of Food & Agriculture (DFA) will oversee cultivation.
Favors small scale producers and keeps large corporations from gaining a monopoly.
– Prop 64 allows marijuana to be sold by state-licensed businesses, and it gives the state until Jan. 1st, 2018, to begin issuing licenses for retailers.
– Delays issuance of large cultivation licenses for the first five years that AUMA is in effect allowing smaller growers to establish themselves in the market.
– Restricts large producers from vertically integrating with each other.
Legalizes industrial hemp production.
– Will add millions of dollars to the California economy and create new jobs.
– Hemp products have an astonishing number of useful applications as well as a net environmental benefit.
Allows local communities to still impose power.
– Towns can ban commercial growing and retail sales but not possession or consumption.
Thanks to Sean Parker, George Soros, Gavin Newsom and hundreds of other volunteers/supporters who put effort into passing this bill.
Jul 6, 2015 | California Marijuana Laws, Proposed MMJ Law Changes
California was the first state to legalize medical marijuana. However, recreational use of marijuana is still illegal. The medical marijuana programme was first passed by the California state as Proposition 215 in 1996 and as a Senate bill 420 in 2003. Prop.215 also known as the Compassionate Use Act allowed people with Cancer, AIDS and other chronic illnesses to grow or obtain marijuana for medical purposes when recommended by a doctor. This was voted into action with a 55% majority.
The Medical Marijuana Protection Act or SB 420 signed into existence by Governer Gray Davis intents to establish an identification card system for medical marijuana patients. Currently Medical Marijuana users in California with a valid Doctors recommendation may grow and possess as much marijuana as they require, provided it is strictly for personal use.
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