New Licenses — AB and SB create a total of 17 licenses relating to the cultivation, transport, distribution, testing, and manufacture of cannabis and cannabis-derived products.
Protection from Prosecution — Any license holder that operates within the bounds of state and local law is protected from arrest, prosecution, or other adverse legal action by the state and local authorities.
Chernis Law Group has developed an expertise in assisting clients in the formation of MMJ collectives, and addressing all of the challenges that arise between the formation and operational stages. Recognizing the limitations of attempting reform through the legislature, a long-time activist named Dennis Peron spearheaded a drive to legalize marijuana by bringing the issue directly to state voters in the election.
Despite staunch federal opposition, subsequent court rulings blunted some of the threats, even though they did not provide much clarity on the everyday legality of medical marijuana use in California. There are also situations where collectives have disputes amongst partners, or with their own members and service providers.
While the diversion of homegrown wheat tended to frustrate the federal interest in stabilizing prices by regulating the volume of commercial transactions in the interstate market, the diversion of homegrown marijuana tends to frustrate the federal interest in eliminating commercial transactions in the interstate market in their entirety.
Hence, the purpose of the Compassionate Use Act of is to protect patients with debilitating medical conditions, as well as their practitioners and providers, from criminal arrest and prosecution and other penalties and from property seizure and forfeiture, if those patients engage in the medical use of marijuana.
Additionally, it is illegal for physicians who recommend cannabis to their patients to also accept or solicit money from a licensed marijuana business in which they or a family member have a financial interest.
Federal Charges for Marijuana Crimes It also remains illegal under federal law to possess, sell, transport, or cultivate marijuana.
This section does not cite any sources. All applicants must submit to a Department of Justice background check. Policy varies greatly around the state see more on local limits below. A failure to comply with the track and trace program will result in civil fines of up to twice your licensing fees, and you may also be exposed to criminal prosecution.
Marijuana use is never permitted in jobs with federal drug testing regulations, such as the transportation industry. Existing law provides that nothing in the Compassionate Use Act of authorizes a qualified patient or person with an identification card to engage in the smoking of medical marijuana under any of certain specified circumstances, including within 1, feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence.
In general sales of marijuana are NOT permitted under Prop Prospective commercial applicants are strongly advised to apply to the state Board of Equalization for a Resale Permit, and to prepare for seeking approval from their local governments.
Now any individual, partnership, corporation, or business trust may obtain a license. This law broadened Prop. Chernis Law Group can assist clients with ongoing corporate maintenance issues necessary to maintaining legal protection, and can explain how to operate the non-profit with a view towards minimizing tax liabilities.
They are still subject to other taxes under AUMA. In such cases, CPS tends not to be understanding about medical marijuana and can always allege child endangerment. If you have been arrested for or charged with a marijuana-related offense, contact a San Diego medical marijuana attorney today to protect your rights.
Critics of the initiative, however, noted that its language seemed deliberately ambiguous, leaving room for a broader interpretation of its provisions than what initially meets the eye.The proceeds from this tax shall be deposited into the Compassionate Use of Medical Cannabis Fund created under the Compassionate Use of Medical Cannabis Pilot Program Act.
This tax shall be paid by a cultivation center and is not the responsibility of a dispensing organization or a qualifying patient.
The Department of Health is committed to implementing the Compassionate Use Medical Marijuana Act. On this website you will find guidance for patients, physicians, alternative treatment center operators, and residents.
InCalifornians passed Propositionthe Compassionate Use Act, and became the first state to legalize medical marijuana for patients with AIDS, cancer, and other serious diseases and launched the current phase of marijuana policy in the US.
California Propositionalso known as the Medical Use of Marijuana Initiative or the Compassionate Use Act, was on the November 5, general election ballot in California as an initiated state statute, where it was approved.
The passage of Proposition is considered a significant victory for medical marijuana. A guide to medical marijuana laws in California for patients. Home:: Medical Marijuana. Join California NORML and help us continue our work. Join our email list. Read about CalNORML's mission, accomplishments and goals.
Compassionate Use Act of Health and Safety Code Section Sec. (1) a-b The people of the State of. Existing law, the Compassionate Use Act ofan initiative statute enacted by the approval of Proposition at the November 6,statewide general election, authorizes the use of marijuana for medical purposes.Download