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laws on growing marijuana in california

WHY ARE TAXES ON MARIJUANA SO HIGH?

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).)

No. Cities can control, regulate, or even prohibit commercial cultivation. Still, the local government cannot prohibit the personal cultivation of up to six marijuana plants within a person’s private residence (H&S11362.1(a)(3). A private residence is defined as a house, apartment unit, mobile home, or similar dwelling (H&S 11362.2(b)(5). Indoor cultivation is also allowed, providing it is fully enclosed, secure, and not visible from a public place (H&S 11362.2(a)(2).)

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).)

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.

CAN YOUR EMPLOYER PREVENT YOU FROM BRINGING POT TO WORK?

Federal officials may enforce federal law notwithstanding a validly issued medical prescription. Federal law is implicated by the Commerce Clause, the Ninth and Tenth Amendments, and the Equal Protection clause.

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 cannabis industry is strictly regulated to make sure:

Department of Cannabis Control (DCC) regulations

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

Changes to regulations

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