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california marijuana growing laws

We have resources to help you understand the requirements:

If you run, work for or want to start a cannabis business, it’s important that you understand DCC’s regulations.

The cannabis industry is strictly regulated to make sure:

The main statute for cannabis businesses in the Business and Professions Code. It is called the Medicinal and Adult Use Cannabis Regulation and Safety Act (MAUCRSA). MAUCRSA sets up a basic framework for licensing, oversight and enforcement.

Equity ordinances

DCC makes regulations for cannabis businesses. These regulations specify:

Some cities and counties in California have ordinances for equity programs to help people negatively affected by the War on Drugs and create a more inclusive marketplace. Each ordinance supports equity applicants in different ways, such as:

DCC was formed by merging three state cannabis programs. This requires changes to combine the three regulations into one. This will make it easier for businesses, local governments and the public to understand the law.

Regulations

Cannabis businesses also have to follow the same rules that other businesses in California must follow. For example, there are rules in the statutes about waste disposal, protecting the environment, vehicle registration and paying taxes.

Statutes, regulations and ordinances are all types of laws that work together to set rules for businesses and consumers.

California marijuana growing laws

Marijuana-based offenses are punished severely under federal law. 23 Just a couple of examples will illustrate this point.

For these defendants, possessing marijuana for sale is punishable by 16 months, or two or three years in county jail. 6

People under 21 who grow any amount o marijuana are guilty of an infraction. If under 18 years of age, they can be required to attend drug counseling and perform community service. People 18 and over (but under 21) who unlawfully grow marijuana may be fined up to $100.

For more information about California’s marijuana laws, or to discuss your case confidentially with one of our criminal defense attorneys, please don’t hesitate to contact us at Shouse Law Group. Our California criminal law offices are located in and around Los Angeles, Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

10. What are the immigration consequences?

As a practical matter, you are unlikely to be prosecuted under federal law if you use or cultivate pot for personal use, particularly in compliance with Prop 64. The federal government is primarily interested in prosecuting large-scale traffickers and those with links to organized crime. 27

The federally assisted housing can legally be denied to medical or recreational marijuana users. And although rarely enforced, the use of marijuana in HUD housing can subject patients to the termination of other federal benefits, including food stamps. 30

Penalties under federal law

4. What are the penalties for selling, gifting, transporting, or importing marijuana?

Punishment for illegal possession of marijuana is as set out in the chart below.

Possession of not more than 28.5 grams of marijuana (a bit more than an ounce) for personal use is legal in California as of January 1, 2018, for people age 21 and older. So is the possession of up to eight (8) grams of concentrated cannabis (hashish). 1

WHY ARE TAXES ON MARIJUANA SO HIGH?

IS IT LEGAL TO SELL MARIJUANA COMMERCIALLY IN CALIFORNIA?

CAN YOUR EMPLOYER PREVENT YOU FROM BRINGING POT TO WORK?

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.

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.

WHAT HAPPENED TO MEDICAL MARIJUANA DISPENSARIES AND LEGISLATION?

The AUMA prohibits smoking marijuana:

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)