IS MARIJUANA STILL ILLEGAL UNDER FEDERAL LAW?
As of this date (February 2021), the Controlled Substances Act (CSA) 21 USC 801 et seq) possession, cultivation, and distribution of marijuana are illegal. There is no medical necessity defense available in the federal system.
Persons 21 years and older can possess, process, purchase, obtain, or give away, without compensation, up to one ounce of marijuana or eight (8) grams of concentrated cannabis (hash.) (Health and Safety (H&S)Code §11362.1)
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.)
WHY ARE TAXES ON MARIJUANA SO HIGH?
Yes, but it is highly regulated and taxed.
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.
The AUMA regulates and licenses the commercial, non-medical production, cultivation, testing, manufacturing, and distribution. All non-medical marijuana businesses must have a state license to operate, valid for a year (Business and Professions Code 26505(c).)
In 2016, California passed Proposition 64, the Adult Use of Marijuana Act (AUMA). This law essentially legalized the nonmedical use of marijuana for persons over 21 years old, and all allowed the personal cultivation of up to six marijuana plants per household.
People who sell marijuana without a license (i.e., on the “black market”) violate Health and Safety Code 11360 HS.
The crime is punishable by:
The term “cultivate” means to do any of the following:
A defendant can beat a charge under these California marijuana laws with a legal defense.
8.3. Selling marijuana – HS 11360
A conviction under this statute, though, does not produce these results.
California law says that some criminal convictions will cause a defendant to lose:
Per Penal Code 1000 PC, some people convicted of unlawful cultivation may:
4. Does a conviction affect gun rights?
Sometimes a conviction in California can result in a non-citizen being either:
An expungement frees a defendant from many of the hardships associated with a criminal conviction. 8