Solvent extracts and concentrates are covered by a number of California laws and case law.
Propositions 215 and 64 both included extracts but did not remove cannabis from the controlled substances list. The Health and Safety Code 11379.6 “Meth House” statute, below, includes cannabis because it is on the list of substances in HS 11054, but since 2015 HS 11379.6(d) specifically mentions cannabis extraction. For many years that has meant BHO was legal to possess but not to make. The People v Bergen decision held that it is the process, not the product, that is banned. People v Luna established the prosecutor’s burden of proof. When the legislature passed MCRSA, the medical marijuana regulations, it included a license to make volatile extracts. The following year, a provision was added to HS 11362.775 for an interim local license before the MCRSA licenses issue. Prop. 64 mirrors that licensing process for nonmedical use and modified the legal issues on extraction by including in HS 11362.3(a)(6) the term “volatile” rather than simply “chemical extraction.” Continue reading Hash oil, BHO, chemical solvent extraction laws
Proposition 64 Section 4. PERSONAL USE.
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
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.
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.
The Adult Use of Marijuana Act
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.
Hempresent Radio: Seattle Hempfest’s own Vivian McPeak interviews California activist Chris Conrad on why he is supporting Proposition 64, the Adult Use of Marijuan Act. Click here to listen in.
Chris Conrad explains how Proposition 64, The Adult Use of Marijuana Act of 2016, will protect medical marijuana patients.
Review, explanation and analysis
By Chris Conrad, with Mikki Norris, Lauren Vazquez and assorted other attorneys and experts on the initiative. © Drug Policy Action, 2016
This document explains the structure and functions of the proposed Adult Use of Marijuana Act (signatures turned in May 4, 2016 no ballot number assigned yet.)
It begins with a brief history of the legalization process in California and the US, followed by an overview of the initiative, how it interfaces with medical marijuana laws, newly legal activities, commercial regulation, enforcement penalties, taxes, disbursements social justice aspects and AUMA’s importance going forth from here.
The Adult Use of Marijuana Act of 2016
This section includes the structural aspects of AUMA, such as its Title and Summary • Legislative Analyst’s Report • Findings and Declarations • Intent and Purposes • Amendment and Repeal • Construction and Interpretation • Severability • Conflicts with Other Initiatives