Tag Archives: legal

Summary of California’s new marijuana laws

Effective November 9, 2016:
Here are California’s adult use marijuana laws

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Learn more about Proposition 64 by reviewing this link. Continue reading Summary of California’s new marijuana laws

Hash oil, BHO, chemical solvent extraction laws

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

California industrial hemp laws

Proposition 64 Section 9. INDUSTRIAL HEMP.

This section of the Adult Use of Marijuana Act (AUMA) provides for the production and processing of industrial hemp as a small scale to large scale agricultural crop and manufacturing resource. It allows for more groups to conduct research and allows smaller projects down to 1/10 of an acre plots (formerly 2-5 acres minimum).

It amends the Health and Safety Code and the Food and Agricultural Codes, as follow:  Continue reading California industrial hemp laws

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

Prop. 64: Full text of the initiative passed by voters

The Adult Use of Marijuana Act

Official AUMA 2016 Campaign Website
Friends of AUMA 2016 Website
Compare current penalties to AUMA legalization
Learn what AUMA does and how it works for Californians
Drug Policy Action supports AUMA

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.

Continue reading Prop. 64: Full text of the initiative passed by voters

Cannabis Radio interview with Vivian McPeak 2016

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.

AUMA 2016, Prop. 64: Personal Adult Use of Marijuana

Proposition 64. Section 4. PERSONAL USE.

The personal adult use section of the AUMA initiative establishes the parameters of legal use and responsible behavior, including: Legal adult use one ounce of marijuana and eight grams of concentrate, Home gardens, Grow six plants and keep or give away the harvest, No local bans on possession, sharing or discrete, enclosed gardens, Lawful amounts not basis for search or seizure, Responsible public behavior, Medical Marijuana exemptions, Infractions and tickets, Open container rule, Marijuana DUI, Age of Consent at 21 Years, Impairment issues, Workplace, Property rights, Medical Marijuana exemption

Continue reading AUMA 2016, Prop. 64: Personal Adult Use of Marijuana

AUMA 2016, Prop. 64: Criminal penalties and social justice

Proposition 64 Section 8. CRIMINAL OFFENSES, RECORDS, AND RESENTENCING.

This section of the Adult Use of Marijuana Act 2016 does not repeal the current criminal penalties on marijuana but it adjusts 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.

View a PDF comparing current penalties to AUMA

Continue reading AUMA 2016, Prop. 64: Criminal penalties and social justice

California AG’s Panel: Legalize home grows and gifting

20th Annual Report, 1989: California state Prosecutor’s Report on Marijuana & Drugs (Excerpt)

About the Report: This report was prepared by a panel of experts commissioned by State of California Attorney General John Van de Kamp. Upon receiving the panel’s recommendations, based on its 20-year study of the crisis in drug policy, AG Van de Kamp — by then a candidate for governor — suppressed the report and refused to publish it. The panel published its final report at their own expense.  Continue reading California AG’s Panel: Legalize home grows and gifting