California passed Revenue and Taxation Code 34010 et seq. in 2018, creating two state sales taxes applicable to both medical and adult-use cannabis. Basically, there is a 15% excise tax imposed on purchasers of cannabis products and a per ounce cultivation tax for the commercial market.
In June 2017, the governor of California signed SB94 into law, merging the Medical Cannabis Regulation and Safety Act (MCRSA) and AUMA, creating a system for regulating cannabis laws in California called the Medical and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) (Business and Professions Code 26000.)
CAN STATE OR MUNICIPAL LAW PREVENT ME FROM GROWING MY OWN MARIJUANA FOR PERSONAL USE?
IS IT LEGAL TO SELL MARIJUANA COMMERCIALLY IN CALIFORNIA?
For over 25 years, I have represented good people charged with possession, cultivation, transportation, and sales of marijuana in Vista, Encinitas, Carlsbad, Oceanside, Escondido, and throughout San Diego and California.
WHAT HAPPENED TO MEDICAL MARIJUANA DISPENSARIES AND LEGISLATION?
The AUMA prohibits smoking marijuana:
All marijuana over 28.5 grams must be kept in a locked space on the private residence grounds and not visible from a public place (HS 11362.2(a).)
The AUMA also allows each municipality (city) to prohibit possession and ingestion in buildings owned by the city and to allow ether to maintain a drug-free workplace by allowing the prohibition of use, consumption, transfer, transportation, sale, display, or growth of marijuana in the workplace (H&S 11362.45(f-g))
This statute also says that it is a misdemeanor if:
The unlawful cultivation, however, is not one of these offenses.
4. Does a conviction affect gun rights?
Cultivation laws call for felony penalties in certain situations. This is when people cultivate more than six plants and:
This is known as “deferred entry of judgment (DEJ).”
5.3. Unlawful search and seizure
A defendant can beat a charge under this statute with a legal defense. Common defenses include: