NEW CALIFORNIA MARIJUANA LAWS - SIMPLY EXPLAINED

CALI  wacky tobacco laws

California's Wacky Wacky Tobacco Laws

 

A California lawyer sums it up, California just passed the most complicated and comprehensive marijuana laws in the country.

 

"California lawyer heavy legislators completely resembles the failed Obama administration - with their fee-driven mindset that over-regulates everything, and this would include marijuana today.  Obama just set a new record for regulations, 527 pages in just one day, despite being shown his way to the door.  Trump doesn't need a pen and phone to reverse that burdensome legislation, he needs a meat axe." - Mmjdoc

 

It's official now, the US is officially a marijuana country.  Now more than half of its citizens can buy marijuana legally in one form or another.  Recreational marijuana is now legal along the entire west coast.  As of November 8, 2016 the following rules and regulations apply.  Most of Prop 64 marijuana business, licensing and taxation.
 

 

RECREATIONAL MARIJUANA

 

"Any adult can share or grow a few plants, but you'll have to wait until 2018 to buy it in a dispensary.  Tax will be 15%.  Now and then, getting a medical marijuana recommendation is the best option for most users."

 
  • No Rec Marijuana Sales now: Retail of recreational marijuana sales goes into effect January 2018.

  • Californian's may grow or share marijuana now.  Medical users can  share their pot with rec users, but selling cannabis without a commercial license is not allowed.

  • Effective immediately, adults 21+ can lawfully possess, transport, and grow marijuana for rec purposes.

  • Marijuana is a legal commodity in California, in the same category as beer and wine.

  • Right now, very adult Californian can possess one ounce of cannabis on their body, 8 grams of cannabis concentrate and / or grow up to six plants at home.

  • Police can't use the smell of marijuana or marijuana paraphernalia as a reason to detain or search a person / property.

  • Tax on Recreational Marijuana starts when recreational dispensaries open in 2018. Tax revenue is projected to be about one billion $ per annum.

  • Smoking marijuana in public is illegal, special smoking zones are under consideration..

  • Driving stoned is illegal.  Though police say it is not nearly as dangerous as alcohol, you can get busted into the future for driving under the influence.

  • Recreational marijuana customers need to show picture ID proving they are over 21.

  • Municipalities and counties can ban commercial marijuana business and grow operations by ordinance or by regulation through zoning laws.

  • Counties and communities cannot ban any resident from growing up to six plants at home, nor interfere with their use (at home), to possess, and / or transport marijuana.

  • Recreational marijuana shops cannot be located within 600 feet of a public place; daycare, schools, youth centers, etc.

  • Criminal records relating to cannabis can be reviewed and reversed to reflect the new changes in the law.  Californians that were  busted for six or less plants can have this conviction erased from their records.  Past marijuana crimes that are now misdemeanors are typed into the records as misdemeanors.

  • Recreational marijuana users can't legally buy medical marijuana in other states and import it into California, this is a violation of Federal law and interstate commerce under the constitution.

  • Possession of more than 1 ounce of marijuana, is a misdemeanor.

  • Recreational users that smoke for anxiety, depression, insomnia or another symptom can apply to get a medical marijuana license and avoid paying rec sales tax..

 

MEDICAL MARIJUANA

 

"There is no real chances for medical marijuana users.  Having a doctor's recommendation allows cannabis users access to the best marijuana strains and medicines, and it's going to be 15% cheaper (no tax)."

 
 
  • Effective November 9, 2016, medical marijuana (with exceptions) are exempt from sales and use tax.

  • Medical Marijuana patients must have a valid medical marijuana recommendation from a licensed doctor to be tax exempt and buy MMJ strains from licensed dispensaries now.

  • Qualifying symptoms and conditions remain unchanged in California, which are:

  • Anorexia - AIDS - Arthritis - Cachexia - Cancer - Chronic pain - Epilepsy - Glaucoma - Migraines- Multiple Sclerosis - Muscle spasms - Nausea - Seizures ...... or any other chronic or persistent medical symptom that substantially limits the ability of the person to conduct one or more major life activities as defined by the Americans with Disabilities Act of 1990 or, condition that may cause serious harm to the patient's safety, physical or mental health.

 

"The sales and use tax exemption applies to the retail sales of medical cannabis, medical cannabis concentrate, edible medical cannabis products, or topical cannabis as those terms are defined in the Business and Professions Code section 19300.5. To obtain the exemption, qualified patients or their primary caregiver must furnish their valid Medical Marijuana Identification Card (MMIC) issued by the California Department of Public Health and a valid government issued identification card (ID) at the time of purchase."

 

Medical Marijuana Doctor's Recommendations and ID Online  Medical marijuana patients can get a permit same day here. Under this Telehealth program (complies with the Medical Board of California) patients and doctors get together online to immediately process medical files and perform medical recommendations for Cannabis Based Medicines.  Cannabis ID and grower's permits are also provided same day.  There is no charge if documents are not approved.

 

MARIJUANA BUSINESS REGS

Rec Tax: Effective January 1, 2018, a 15 % excise tax on marijuana and marijuana derivatives. Marijuana growers must pay an additional tax of:

  • $2.75 each dry-weight ounce of marijuana leaves

  • $9.25 each dry-weight ounce of marijuana flowers

  • Marijuana businesses still can't work with Federal banks in any capacity.

  • Local venture capitalists remain the primary source of capital, similar to higher risk Silicon Valley startups.

  • Banks by State that accept marijuana business as customers are listed in the appendix.

  • Marijuana is still a Schedule One controlled substance at the Federal level which mean they categorize cannabis with heroin and cocaine.  Feds are expected to stay away from recreational and medical marijuana users however.

  • Businesses that sell booze or cigarettes cannot sell grass, and vice versa.

  • Marijuana edibles are now labeled as a food product, listing safe portions,warnings about allergic reactions, nutritional status.  

  • Hemp is now regulated by Department of Food and Agriculture.  Hemp farming seems likely to make a comeback; in the 1920's it was a huge crop in America..Medical marijuana patient information disclosed to government health departments is protected under the Confidentiality of Medical Information Act.

  • Medical marijuana patients cannot lose their custodial or parental rights based solely use of MMJ.

  • Medical marijuana patients must obtain new recommendation (upon expiration) by a licensed doctor to meet the new requirements in the Medical Cannabis Regulation and Safety Act. There are no big changes as far as patients are concerned.  Doctors are limited to misdemeanor charges should they mess up. i.e. overprescribe.

  • The California Bureau of Medical Cannabis Regulation is now called the Bureau of Marijuana Control.

  • Proposition 64 limits growing to about half an acre indoors and an acre outdoors, however these limits will be lifted by 2023

 

Sales of medical marijuana to patients with valid medical cannabis ID cards exempts them from paying any existing state sales and use tax. So having Cannabis Medical ID will likely save hundreds of dollars per year and patients will have access to the better lab tested strains out there. To get a legal recommendation and ID in minutes by a licensed medical doctor online, click on this link.

 
 

OBAMA TALKED A LOT BUT DID NOTHING FOR MARIJUANA  

 

COMMENTARY

Look for a boom IN mom and pop style cannabis operations.  As the dust settles and the landscape normalizes, over the coming years, look for Big Corp to buy, force out and delete small business, using the operative "tried and true" templates of the alcohol and pharmaceutical drug industries.

 

"Small and medium business and entrepreneurs innovations dominate the medical marijuana landscape.  Look for big Pharma to lobby and scheme non-stop, pushing bought and paid for career politicians to regulate the business in a fashion that wipe out mom and pop operations kill startups." - MMJDoc

 

California voters approved the recreational marijuana use on November 8, 2016 by a wide margin.   Other states going fully green include Massachusett,  Nevada and Florida, while Florida, Montana and North Dakota have approved medical.  Arizona voted against recreational but medical was already legal in the books.  It looks to be only a matter of time before the other states join.  

The Feds should be forced to decriminalize weed once and for all.  In our analysis of presidential candidates, Donald Trump was voted to be among the few that might actually do what he says.  Way back in the 1990's Trump observed that the War on Drugs was aiding organized crime more than anything. We'll soon see if Trump really wants to "drain the swamp" and get rid of society harmful and fiscally irresponsible laws that fill the nation's prisons.

 

"California’s market for marijuana is estimated to be worth over $6 billion within 4 years."  - marijuanastocks.com

 

In California, small growers finally will be legit, but big money, that is often corrupt money looms to take over the entire industry.  Big Corp always lobby for rules and regulations that make too complicated and expensive for mom and pop operations to thrive or function.  Worse, the big corporate product ends up being a fast food item, big on promotion but low on substance.  The general public does not get it, the owners of Big Corp buy organic and niche, they don't buy their own product.  

Having a limit on growing does restrain these companies and growers from reaping the benefits of economies of scale, keeping marijuana prices higher than if they were allowed to consolidate and have a larger corporation growing.

There is a scenario where growers with their large variety of marijuana strains could be dominated by something like the craft beer or specialized coffee industries. Rather than have a corporate know nothing direct, the cottage industry is great at supplying a knowledgeable person at the dispensaries to guide and inform them about the varieties and types (edibles, creams, etc.)..

 

Federal bank policies banning medical marijuana business is laughable,when most of the big banks have been either implicated or is under investigation for routinely  laundering money-  to the tune $ billions for drug cartels. Sick is the hypocracy.

 

FURTHER READING

A Detailed Evaluation of California's Complicated and Comprehensive Marijuana Laws

Legal California cannabis could deliver $1 billion in pot taxes. Here's how they'll spend it

There are over 100 dispensaries in Los Angeles who need to decided in March on whether they need to get a physical permit in order to continue operating.  Grey area dispensaries are expected to go the way of the dinosaurs.


APPENDIX - MARIJUANA BANKING INSTITUTIONS IN AMERICA

Alaska

Arizona

California

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