All posts by chrisconrad420

AUMA 2016, Prop. 64: Marijuana tax and use of funds

Proposition 64 Section 7. MARIJUANA TAX.

This section sets the taxes on commercial marijuana production and organizes its distribution and oversight, including: Excise tax of 15% on retail cost, Production tax $9.25 per ounce of flowers or $2.75 per ounce of leaf, Assessment of taxes, Inspections and accounting, Review, California Marijuana Tax Fund, Disbursements, Community grants, Youth programs and job creation   Continue reading AUMA 2016, Prop. 64: Marijuana tax and use of funds

AUMA 2016, Prop. 64: Industrial hemp in California

SECTION 9. INDUSTRIAL HEMP.

This section 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).

Continue reading AUMA 2016, Prop. 64: Industrial hemp in California

MMRSA: Senate Bill No. 643 Reconciliation

Medical Marijuana Regulation and Safety Act

The effect of this bill is to reconcile the Senate’s legislation with two Assembly Bills on medical marijuana, AB 243 and AB 266.

Senate Bill No. 643 • CHAPTER 719 Continue reading MMRSA: Senate Bill No. 643 Reconciliation

MMRSA: Assembly Bill 266 Regulations

Medical Marijuana Regulation and Safety Act

The effect of this Assembly Bill is to regulate the production and distribution of marijuana and marijuana products for medical use in California. [And, in the process, AB266 eliminates all criminal defenses from SB 420 collectives, meaning no growing for other patients, no sharing more than an ounce (misdemeanor) and no sales (wobbler) allowed between patients without a state and local license license.]  Continue reading MMRSA: Assembly Bill 266 Regulations

MMRSA: Assembly Bill 243 Licensed cultivation

Medical Marijuana Regulation and Safety Act

The effect of this bill is to regulate the agricultural aspects of medical marijuana production, to license cannabis cultivation and to exempt small personal medical marijuana grows to 100 square feet and patient collectives up to five patients from licensing provisions. Continue reading MMRSA: Assembly Bill 243 Licensed cultivation

Pre-Prop. 64 archive, California HS 11357 – 11362.9

Health and Safety Code – HSC 11357 – 11362.9

A compendium of California marijuana definitions and statutory laws related to cannabis hemp / marijuana as they were listed from 1976 to 2016, when the voters adopted Proposition 64. Do not rely on these for legal purposes, they are posted here merely as an historical archive of state laws.
Continue reading Pre-Prop. 64 archive, California HS 11357 – 11362.9

Prop. 215 Compassionate Use Act

Proposition 215 Compassionate Use of Medical Marijuana Act

medical marijuana dispensaryPassed as a statutory initiative by California voters in November 1996, Proposition 215 was the first effective medical marijuana law in the nation. The CUA allows a patient and their primary caregiver to cultivate and possess any amount deemed reasonable.


Health and Safety Code § 11362.5.

(a)  This section shall be known and may be cited as the Compassionate Use Act of 1996.

Continue reading Prop. 215 Compassionate Use Act

MMPA, Senate Bill SB 420, California Cannabis Program

Medical Marijuana Program Act, State Patient ID System, Safe Harbor, Collective Defense (repealed in MMRSA)

Safe Access Now sees many beneficial sections in the bill, including that it empowers communities to adopt scientific guidelines. Fortunately, the unrealistic floor amounts in section HS 11362.77, 6 mature plants and eight ounces of cannabis or conversion, are held by the CA Supreme Court’s Kelly Decision to be a safe harbor, not a limit on appropriate medical need. This measure also allows  cities and counties to adopt their own, more generous ordinances and the Medical Marijuana Regulation and Safety Act (MMRSA) incorporates the more reasonable SAN garden guidelines of 100 square feet of canopy per patient. The SB 420 author’s letter of legislative intent supports increasing those floor amounts to make life easier for patients and caregivers.

Proposition 215 now HS11362.5, the voter approved law, did not protect people from arrest, it gives them a defense in Court. The CA Supreme Court in the Mower Decision interpreted that to mean any amount reasonably related to the patients medical need. That standard still applies and supercedes SB 420.

Continue reading MMPA, Senate Bill SB 420, California Cannabis Program

Local ordinances do not pre-empt medical immunity

Kirby v Fresno

“We conclude that the provision in the ordinance that classifies the cultivation of medical marijuana as a misdemeanor is preempted by California’s extensive statutory scheme addressing crimes, defenses and immunities relating to marijuana. Among other things, the attempt to criminalize possession and cultivation is not consistent with the obligation section 11362.71, subdivision (e) imposes on local officials not to arrest certain persons possessing or cultivating marijuana. ” 242Cal.App4th940

Continue reading Local ordinances do not pre-empt medical immunity