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
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.
People v. Bergen: Medical use is not a defense against charge, use of chemical extraction to manufacture a controlled substance
Note: Because marijuana and extracts are in the controlled substance list, because the HS 11379.6(a) chemical extraction ban is a general intent offense and because the medical marijuana laws do not list a specific protection from the chemical extraction charge, there was no defense. In 2015 the legislature passed the Medical Cannabis Regulation and Safety Act creating a dual state and local license for this activity.
“We conclude that when, as here, the method used to extract the marijuana resin was by means of a chemical such as butane, section 11379.6(a) applies over the more general statute punishing marijuana cultivation, harvesting or processing.” Continue reading BHO and chemical extraction of cannabinoids / concentrates
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.
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.
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?
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