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.

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Expunging criminal records, re-sentencing requests

Are you eligible for a sentence reduction under Prop. 64?

Click here for the form you need to fill out and file for dismissal and re sentencing. This should be taken to the same court where you were originally sentenced and filed with the same judge; if that judge is not available, the assignment court should send you to another court to handle this.

Are you eligible for expungement?

Depending on your particular situation, A California resident may have the following options:

If you were convicted of a misdemeanor and are still on probation, you may request early release from probation and file petition to have conviction dismissed. To do this, file a PC 1203.3 petition to have probation terminated early, and PC 1203.4 petition for expungement. Continue reading Expunging criminal records, re-sentencing requests

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

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