How much California cannabis can you grow without a license?

California businesses have three options currently: 1) SB 420 patient collective defense until 2019; 2) MCRSA medical marijuana licenses available in 2018; 3) AUMA (Prop. 64 nonmedical licenses available as provisional licenses now or with state licenses beginning in 2018.

California adults also have four choices as to how to legally grow marijuana for personal use or sharing without getting a state license. These gardens must be noncommercial and can be grown for nonmedical personal use and sharing or it can be following one of three medical marijuana protocols as discussed below.  Continue reading How much California cannabis can you grow without a license?

SB 420: Patient collectives get defense for sales

People v. Urziceanu: While Prop 215 did not protect collective medical marijuana gardens or sales, SB420 HS 11362.775 did (ending in 2019).

NOTICE: The California Legislature voted to terminate the legal defenses for Collective gardens and sales in January 2019 via AB 266 (MMRSA / MCRSA) 

“As we shall demonstrate, the [Prop. 215] Compassionate Use Act, alone, does not authorize collective growing and distribution of marijuana by a group of qualified patients and caregivers.” .. “This new law [HS11362.775] represents a dramatic change in the prohibitions on the use, distribution, and cultivation of marijuana for persons who are qualified patients or primary caregivers and fits the defense defendant attempted to present at trial. Its specific itemization of the marijuana sales law indicates it contemplates the formation and operation of medicinal marijuana cooperatives that would receive reimbursement for marijuana and the services provided in conjunction with the provision of that marijuana. ” Continue reading SB 420: Patient collectives get defense for sales

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

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