california cannabis

California Marijuana Laws 2018

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California Marijuana Laws 2018

California Marijuana Laws 2018

California marijuana laws have changed drastically over the past few years. In 2016, voters approved Proposition 64. This legalized marijuana for everyone 21 and older. This includes allowing marijuana to be possessed, cultivated and also purchased. The passage of this law came 20 years after California became the first state to legalize medical marijuana in 1996.

Here is an overview of California marijuana laws:

 

Recreational marijuana:

  • It’s legal for those 21 and older to possess up to an ounce of marijuana, as well as up to eight grams of marijuana concentrates.
  • It’s legal for those 21 and older to grow up to six marijuana plants.
  • Possessing as well as growing marijuana for those under 21 is an infraction.

 

Medical marijuana:

  • Possessing up to eight ounces of marijuana, as well as up to eight grams of marijuana concentrates, is legal for patients.
  • Growing up to six mature, as well as 12 immature marijuana plants, is legal for patients.
  • When purchasing marijuana patients are exempt from the state sales tax.

 

Marijuana distribution:

  • Distributing marijuana is legal for businesses with a license from the state as well as their locality.
  • Marijuana retail outlets can sell up to an ounce of marijuana and up to eight grams of marijuana concentrates such as oils.
  • Selling marijuana without a license  is illegal.

 

Related Statutes:

  • Business & Professions Code Sections 26000, et seq, as well as;
  • Health & Safety Code Sections 11000, et seq.; 11357, et seq.; 11362.7, et seq.

 

Proposition 64:

Proposition 64 legalized marijuana. Its approval took place in November, 2016. Fifty seven percent voted in favor of the initiative. Parts of the law took effect immediately, with other parts taking effect over the following several months.

The full text of Proposition 64 can be found by clicking here.

 

Proposition 215:

In 1996 Proposition 215 passed in California with roughly 56% support. The initiative made California the first state in the nation to legalize medical marijuana. Because of this, 30 additional states have followed.

More information on Proposition 215 can be found by clicking  here.

Study: Just 1 in 7 California Cities Allow Marijuana Stores

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According to a newly-released study conducted by The Mercury News, just one out of every seven cities in California allow marijuana retail outlets, despite voters approving of legalization nearly a year and a half ago.

In 2016 California voters, with a 57% majority, gave approval to Proposition 64. The initiative legalized the possession and personal cultivation of marijuana, while establishing a system of licensed marijuana retail outlets. Despite the entire state passing the law, numerous cities – through ordinances passed by their city council – have establishes bans on all marijuana stores, requiring  marijuana consumers to either travel long distances to purchase the plant legally, or rely on the black market.

“Our study is the most comprehensive look to date at how the industry is taking shape”, states The Mercury News. “Some towns — among them San Jose and Oakland — are cannabis friendly, allowing a wide range of businesses to cultivate or peddle a product that residents are free to use. Other cities — including many smaller jurisdictions across the Bay Area — are less enthusiastic, with some blocking virtually every type of marijuana-related enterprise and, in some cases, passing ordinances that seem aimed at regulating personal use as much as possible, despite the voters’ will.”

Read moreStudy: Just 1 in 7 California Cities Allow Marijuana Stores

California Committee Approves Bill to Establish Marijuana Banks and Credit Unions

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Legislation that would allow for the creation of a special class of state-chartered banks and credit unions that could service California’s legal marijuana industry has been passed by a key Senate committee.

Filed by Senator Robert Hertzberg (D), Senate Bill 930 was passed recently by the Senate Banking and Financial Institutions Committee in a 6 to 1 vote, sending it to the Senate Appropriations Committee. Passage in the Appropriations Committee would send it to the full Senate. If passed by the Senate, and then the House of Representatives, it would go to Governor Jerry Brown for final consideration.

The proposed law would allow for the creation of special state-chartered banks and credit unions that could legally process transactions by licensed marijuana businesses. These “marijuana banks” would be regulated by the Department of Business Oversight.

Read moreCalifornia Committee Approves Bill to Establish Marijuana Banks and Credit Unions

California Bill Would Automatically Expunge Past Marijuana Convictions

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California Assemblymember Rob Bonta (D-Oakland) has introduced legislation that would require county courts to automatically expunge the records of those who have been charged with a marijuana-related crime that’s since been legalized, reports Kathleen Ronayne of the Associated Press.

In 2016 California voters approved the ability to wipe criminal marijuana conviction records as a provision in the legalization initiative Proposition 64. However, the existing law requires people with convictions to initiate the process themselves, but many people don’t (often because they don’t know they can, as the option has received little publicity) For some, the process is simply to complicated and costly. Although roughly 5,000 people have applied for an expungement as of 2017, it’s only a small portion of the total number of people eligible.

The proposed law would change this, requiring that these eligible charges be expunged from people’s records automatically. This would remove the requirement that an individual themselves seek an expungement. According to Bonta, the proposal would “give folks who deserve it under the law the fresh start they’re entitled to”.

Read moreCalifornia Bill Would Automatically Expunge Past Marijuana Convictions

Lawmaker Renews Push to Make California a Sanctuary State for Marijuana

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Assemblymemver Reggie Jones-Sawyer (D-Los Angeles) is renewing his effort to get legislation passed into law that would make California a sanctuary state for marijuana.

The renewed effort comes after U.S. Attorney General Jeff Sessions announced that he’s rescinding the Obama-era Cole Memo which gave some protection to state-authorized cannabis outlets. Assemblymember Jones-Sawyer’s proposal, Assembly Bill 1578, was approved by the state’s Assembly in June by a vote of 41 to 33. Later that month it was approved by a Senate committee 5 to 2, but has since stalled.

“The impacts of this ill-conceived and poorly executed war are still being felt by communities of color across the state,” Assemblymember Jones-Sawyer said in a statement. “The last time California supported the federal government’s efforts, families were torn apart and critical state resources were used to incarcerate more black and brown people than ever before in the history of our state.”

Read moreLawmaker Renews Push to Make California a Sanctuary State for Marijuana

First Recreational Marijuana Business Licenses Issued in California

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Yesterday California’s Bureau of Cannabis Control issued the first licenses for recreational marijuana businesses, paving the way for legal marijuana sales to begin the beginning of next year.

“This is a great Christmas present,” said California NORML director Dale Gieringer. “Licensing is an inevitable necessity of the modern bureaucratic state. I’m just happy to see the stores open and people be able to walk into a store — any adult including tourists and guests in California — and get cannabis just like they can get alcohol, cigarettes or all sorts of wonderful things in California.”

Altogether 20 licenses were issued to cannabis businesses located throughout the state, including multiple located in San Diego, Lynwood and San Jose. The most – seven in total – are located in Santa Cruz.

Read moreFirst Recreational Marijuana Business Licenses Issued in California

Marijuana Sales Becomes Legal in California Next Month

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We’re now just a month away from marijuana distribution becoming legal in California.

During the November, 2016 elections California voters approved an initiative (Proposition 64) to legalize marijuana for everyone 21 and older,. The portion of the initiative that allows for the start of marijuana distribution officially takes effect the beginning of next month, on January 1st. Under the new law, those 21 and older will be allowed to purchase up to an ounce of marijuana from a license marijuana retail outlet. However, at this point it’s unknown how many outlets will actually be open coming the new year.

“I know this sounds crazy, but we’re looking forward to Jan. 1,” says Lori Ajax, head of the California Bureau of Cannabis Control. “This is what we’ve been waiting for, what we’ve been training for,” she said. “It’s time.”

Read moreMarijuana Sales Becomes Legal in California Next Month

California Company Becomes First to Offer Commercial Insurance to Marijuana Businesses

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California Insurance Commissioner Dave Jones has announced that for the first time legal marijuana businesses in the state now have an insurance company willing to offer them commercial insurance.

According to Jones, legal marijuana businesses are now able to purchase commercial insurance from Golden Bear Insurance Company, the first company willing to offer such services to the marijuana industry. The insurer was given approval last week to began providing commercial insurance to marijuana businesses that are explicitly following state law.

“Consumers who visit cannabis businesses, workers who work there, businesses who sell products to or rent property to cannabis businesses, and the investors, owners and operators of cannabis businesses all should have insurance coverage available to help them recover when something goes wrong just as any other legalized business does,” said commissioner Jones in a statement.

Read moreCalifornia Company Becomes First to Offer Commercial Insurance to Marijuana Businesses

Anti-Marijuana Group Facing Thousands of Dollars in Fines for Campaign Violations

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A national anti-marijuana group is facing thousands of dollars in fines for violations they made while working to oppose California’s Proposition 64.

SAM Action Inc. has agreed to the $6,000 in fines proposed by enforcement staff for the California Fair Political Practices Commission for violations they made during their campaign to oppose the marijuana legalization initiative Pop 64, which was handily approved by voters. SAM Action Inc. is associated with Smart Approaches to Marijuana (SAM), one of the largest anti-marijuana groups in the U.S.; the group is headed by Kevin Sabet, a former drug policy advisor to President Obama.

According to the Los Angeles Times, the violations included “not changing the campaign committee’s name to include its major donor, Juliet Schauer, a retired art professor and Pennsylvania activist who contributed $1.36 million to the group to cover expenses in California and other states considering marijuana legalization. The committee also “was late in disclosing five Schauer contributions, failed to accurately report the total amount of contributions and failed to file a list of its top 10 contributors, as required by the state Political Reform Act.”

Read moreAnti-Marijuana Group Facing Thousands of Dollars in Fines for Campaign Violations

California Senate Gives Approval to Resolution Urging Federal Lawmakers to Reschedule Marijuana

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A resolution urging the federal government to reschedule marijuana has been given approval by the California Senate.

Senate Resolution 5 was given approval by the Senate today through its second reading, sending it to a third and final reading. The resolution “formally requests the United States Congress to pass a law to reschedule cannabis, marijuana, and its derivatives from a Schedule I drug, and for the President of the United States to sign such legislation”.

According to its legislative analysis, the resolution urges:

Read moreCalifornia Senate Gives Approval to Resolution Urging Federal Lawmakers to Reschedule Marijuana