Marijuana offender, CA drug registry

California Health and Safety Code 11590. (a) Except as provided in subdivisions (c) and (d), any person who is convicted in the State of California of any offense defined in Section 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353.7, 11354, 11355, 11357, 11358, 11359, 11360, 11361, 11363, 11366, 11366.5, 11366.6, 11368, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, 11383, or 11550, or subdivision (a) of Section 11377, or any person who is discharged or paroled Continue reading Marijuana offender, CA drug registry

CA Penal Code: Demurrer

CALIFORNIA PENAL CODE § 1002-1008

A demurrer is an alternative to pleading guilty, not guilty or no contest to a criminal charge. The distinction is that when you plead you make a tacit legal concession that there was a crime committed so, by pleading “not guilty” you are accepting that there was a crime but are contesting the facts (mainly that you committed the crime). A demurrer does the opposite; you admit that the facts are correct but argue that no crime was committed. In the case of marijuana in California, for example, you would argue that the defendant did grow or possess marijuana (cannabis) since the defendant has a medical marijuana approval, their cultivation or use was lawful and not a crime.

If you plead “not guilty” you have removed your ability to argue for the demurrer, even though your legal argument (medical marijuana defense) is still the same. But you can only demur at the arraignment. After that it is too late.

Click here for a model Prop 215 demurrer pleading to modify and file

Click here for a model SB 420 demurrer pleading to modify and file

Continue reading CA Penal Code: Demurrer

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?

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