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CULTIVATORS California Code of Regulations, Title 3 (Food and Agriculture), Division 8 (Cannabis Cultivation), Chapter 1, Section 8000(h) defines cultivation as “any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.” Persons involved in these activities include landowners, lessees, executives and workers who develop, grow and service cannabis plants. License types […]
In 1913 California became the first state to criminalize marijuana use and possession. Over the years increasing penalties exacted on a state and federal level led to significant incarceration, particularly of non-white populations. Despite attempts in 1972 and 2010 CA voters have refused to decriminalize marijuana. Since then Alaska, Colorado, Oregon and Washington have done so. This year polls […]
The following is an email sent to the State of California Board of Equalization requesting advice regarding the proper application of the California Sales and Use Tax Law: A group of people who are all authorized medical cannabis patients organize to cultivate cannabis collectively using multiple communal gardens throughout California. Though some actively participate in the […]
City and County of San Francisco DEPARTMENT OF PUBLIC HEALTH 1. No edible cannabis products requiring refrigeration or hot-holding shall be manufactured for sale or distribution at an MCD, due to the potential for food-borne illness. Exemptions may be granted by the San Francisco Department of Public Health on a case-by-case basis. For such exempted […]
The Attorney General’s Guidelines regarding medical marijuana collectives or cooperatives states: “Nothing allows marijuana to be purchased from outside the collective or cooperative for distribution to its members. Instead, the cycle should be a closed-circuit of marijuana cultivation and consumption with no purchases or sales to or from non-members.” (Page 10) The foregoing statement is […]
In 2001, I represented a client who was charged with possession of concentrated cannabis in violation of California Health and Safety Code section 11357(a), a felony. Despite the fact that my client had obtained, before he was arrested in possession of hash, a letter from his physician recommending the use of “medical cannabis,” the Santa […]
Summary by Seymour Weisberg COMPASSIONATE USE ACT (CUA) On November 4, 1996, California voters passed Proposition 215, codified as Health and Safety Code section 11362.5. Subdivision (a) states that it may be cited as the Compassionate Use Act. Subdivision (b) is a preamble in three parts declaring the purposes of the Act: (A) To ensure that […]
EDMUND G. BROWN JR. D E PARTMENT OF JUSTICE Attorney General State of California GUIDELINES FOR THE SECURITY AND NON-DIVERSION OF MARIJUANA GROWN FOR MEDICAL USE August 2008 In 1996, California voters approved an initiative that exempted certain patients and their primary caregivers from criminal liability under state law for the possession and cultivation of […]
