All posts by chrisconrad420

California: Personal Adult Use of Marijuana

Proposition 64 Section 4. PERSONAL USE.

Ashtray joint roach personal smoke toke leaf

The personal adult use section of the Adult Use of Marijuana Act 2016 (AUMA) initiative defines marijuana, legalizes it and establishes parameters for lawful use and responsible behavior. Age of consent at 21 years includes Legal adult use one ounce of marijuana and eight grams of concentrate, Grow six plants per residence and keep or give away the harvest, Lawful amounts not basis for search or seizure, No local bans on possession, sharing or discrete, enclosed gardens, Medical Marijuana exemptions. Responsible public behavior includes Open container rule, Marijuana DUI, Impairment issues, Workplace, Property rights, Infractions and tickets, Medical Marijuana exemption. Criminal statutes in Section 8. Continue reading California: Personal Adult Use of Marijuana

Prop. 64: Criminal penalty reductions and social justice

Proposition 64 Section 8. CRIMINAL OFFENSES, RECORDS, AND RESENTENCING.

The Adult Use of Marijuana Act 2016 did not repeal all the previous criminal penalties on marijuana but adjusted them downward and allows for more social justice. This section describes the remaining criminal penalties, downward resentencing for people with priors, destruction and expungement of records, early release from incarceration and juvenile justice.

Continue reading Prop. 64: Criminal penalty reductions and social justice

California industrial hemp laws

Proposition 64 Section 9. INDUSTRIAL HEMP.

This section of the Adult Use of Marijuana Act (AUMA) provides for the production and processing of industrial hemp as a small scale to large scale agricultural crop and manufacturing resource. It allows for more groups to conduct research and allows smaller projects down to 1/10 of an acre plots (formerly 2-5 acres minimum).

It amends the Health and Safety Code and the Food and Agricultural Codes, as follow:  Continue reading California industrial hemp laws

Medical marijuana collective and extraction defenses

SB 420 / Senate Bill 420 Cannabis collective defense;
AB266 / 243 Collective defense ends in 2019

SB 2679 Interim extraction licenses through 2019

Summary: In 2003 the California legislature (SB420) created a limited collective defense allowing patients to grow, furnish or sell medical marijuana to one another in HS 11362.775. In 2015, it amended the program (AB243), creating a legal licensing scheme and terminating that defense effective in 2019.

In 2008 the courts (People v Bergen) ruled that this defense does not apply to the use of chemical extraction in HS 11379. In 2016, the legislature (AB2679) amended to HS11362.775, adding a provision to allow local governments to license collectives to make chemical extracts.

Continue reading Medical marijuana collective and extraction defenses

BHO and chemical extraction of cannabinoids / concentrates

People v. Bergen: Medical use is not a defense against charge, use of chemical extraction to manufacture a controlled substance

Note: Because marijuana and extracts are in the controlled substance list, because the HS 11379.6(a) chemical extraction ban is a general intent offense and because the medical marijuana laws do not list a specific protection from the chemical extraction charge, there was no defense. In 2015 the legislature passed the Medical Cannabis Regulation and Safety Act creating a dual state and local license for this activity.

“We conclude that when, as here, the method used to extract the marijuana resin was by means of a chemical such as butane, section 11379.6(a) applies over the more general statute punishing marijuana cultivation, harvesting or processing.” Continue reading BHO and chemical extraction of cannabinoids / concentrates

Criminal justice reform in O.C. Register report 2016

Life in prison for pot?
If Prop. 64 passes, that could change

By BROOKE EDWARDS STAGGS / STAFF WRITER

One million people convicted of marijuana-related misdemeanors and felonies could petition to have their records changed or cleared, the nonprofit organization estimates. That would give them wider access to jobs, housing and other services that are currently out of reach.

“The criminal code changes are so profound that, even if I didn’t like other things in the initiative, I would vote for it just for that,” said Chris Conrad, a longtime marijuana activist who’s backing Prop. 64 even as many friends in the medical cannabis community remain divided over the measure.

But law enforcement could no longer use the smell of marijuana, or the presence of paraphernalia, as a basis for broader searches.

Conrad, who has served as an expert witness in some 2,500 marijuana-related cases, said removing weed as probable cause will eliminate a common point of contact with police that often escalates into something more serious.

“Out of all the court cases I have been involved with, probably 50 percent start off with cops saying they smell marijuana,” he said.

Read the whole article online at ocRegister.com.

Interviewed as expert on cannabis extracts

Concentrated: A new era for cannabis extracts in California

Chris Conrad, a cannabis legal expert and author of “The Newbies Guide to Cannabis & The Industry,” said the type of extraction can also produce what is commonly known as an “entourage effect” or “ensemble effect.”

“There is a combination of 100 plus molecules in marijuana that have this medical effect depending on how they interact with each other and the human body,” he said. “That’s what a lot of people think is so great about cannabis.”

Continue reading Interviewed as expert on cannabis extracts

Prop. 64: Full text of the initiative passed by voters

The Adult Use of Marijuana Act

Official AUMA 2016 Campaign Website
Friends of AUMA 2016 Website
Compare current penalties to AUMA legalization
Learn what AUMA does and how it works for Californians
Drug Policy Action supports AUMA

The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure:

MARIJUANA LEGALIZATION. INITIATIVE STATUTE. Legalizes marijuana and hemp under state law. Designates state agencies to license and regulate marijuana industry. Imposes state excise tax on retail sales of marijuana equal to 15% of sales price, and state cultivation taxes on marijuana of $9.25 per ounce of flowers and $2.75 per ounce of leaves. Exempts medical marijuana from some taxation. Establishes packaging, labeling, advertising, and marketing standards and restrictions for marijuana products. Allows local regulation and taxation of marijuana. Prohibits marketing and advertising marijuana to minors. Authorizes resentencing and destruction of records for prior marijuana convictions.

Continue reading Prop. 64: Full text of the initiative passed by voters