It is possible to grow, transport, and possess marijuana for others, and still enjoy the protections of California law. It is complicated, but you can do it. Because it is so important that you understand the laws before getting involved in this industry, we offer a 1 hour free consultation to everyone. This way you can sit down with Mr. Candell and he can answer all of your questions related to medical marijuana in California. By the time you leave our office, you will know exactly what you can and cannot do in order to stay in compliance with the MMRSA, Prop 64, the Compassionate Use Act, and related California laws. To set up a meeting, please call our office at 415-441-1776.
The following are state laws. They are not recognized by the federal government, and are not a defense to any federal charge.
These are only some of the laws relating to medical marijuana. For a complete understanding of the laws that relate to your case, you should contact the Scot Candell & Associates and speak with an attorney.
Medicinal and Adult-Use Cannabis Regulation and Safety Act
As described below, California had two Acts that regulated commercial cannabis activity, Medical Cannabis Regulation and safety Act ("MCRSA") and Adult-Use of Marijuana Act ("AUMA"). The MCRSA regulated medical cannabis activities and the AUMA regulated adult-use cannabis activiy. The two Acts did not work well together and left a lot of gray areas. In an attempt to fill in those gray areas and simplify California's cannabis regulations, the California legislature passed the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), which would repeal MCRSA and include certain provisions of MCRSA in the licensing requirements of AUMA.
Medical Marijuana Regulation and Safety Act (MMRSA)
In October of 2015 the California State government passed and approved a set of laws that regulated medical marijuana use for commercial cannabis activity. The bulk of these laws came in three different bills, SB 643, AB243, and AB 266 known collectively as the Medical Marijuana Regulation and Safety Act, or MMRSA for short. Since, some smaller bills have been passed to amend or add to that content (such as AB 2516 which authorizes specialty cottage licenses).
If you have any questions or need help navigating the California code of laws you should contact the Scot Candell & Associates and speak with an attorney.
More information on this to come...
Prop 64: Adult Use of Marijuana Act (AUMA)
Voted into law by California voters November 8, 2016, Prop 64 regulates recreational marijuana.
Now legal: for those 21 and older to possess, transport, purchase, consume, and share up to 28.5 grams or up to 8 grams in concentrates and grow up to 6 plants in accordance with local ordinances.
Penalty Reduction: Prop 64 reduces penalties on marijuana related charges. This law is retroactive and if it applies to you, there is a chance that your prior or current case could be resentenced, dismissed, or sealed. If you think that you may qualify, you should contact the Scot Candell & Associates and speak with an attorney. More information regarding the reduction of marijuana related offenses at the California Courts Website.
More information on Prop 64 to come...
Find Prop 64 in full: here
Compassionate Use Act of 1996 (also known as Proposition 215)
Health and Safety Code § 11362.5
(a) This section shall be known and may be cited as the Compassionate Use Act of 1996.
(b)(1) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows:(A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.
(B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.
(C) To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.
(2) Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for nonmedical purposes.
(c) Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.
(d) Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.
(e) For the purposes of this section, "primary caregiver" means the individual designated by the person exempted under this section who has consistently assumed responsibility for the housing, health, or safety of that person.
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