Cannabis cultivators must have:
The California Department of Food and Agriculture (CDFA) is developing an appellations program for cannabis. Appellations are special names reserved for cannabis:
There are different licenses if you:
Cultivators grow all of the cannabis plants that are harvested, sold as flower, and made into products. Their operations look like other agricultural operations in California. Cannabis cultivation is a multi-step process that includes:
CDFW and Water Board rules prevent:
Use of pesticides.
Cannabis cultivators have a responsibility to protect the environment and be responsible stewards of the land. That’s why it’s important to understand how your operations may impact the environment.
All agricultural operations in California are required to get permits and follow rules set by the California Department of Fish and Wildlife (CDFW) and the California Water Boards. These rules help protect water quality and conserve water resources.
CDFW has profiles of cannabis cultivators who use best practices and tips for managing your cultivation site in a wildlife-friendly way.
If you want to grow cannabis and sell it in California, you will need a cultivation license. The type of cultivation license you need depends on:
The cannabis appellations program will:
You can use pesticides on cannabis plants if they meet guidelines set by the Department of Pesticide Regulation (DPR). DPR has resources about:
Appellations are used for other products, too. For example, the wine industry uses appellations to tell consumers which region the grapes were grown and wine was made.
Pesticide use is enforced by DPR and county agricultural commissioners. Contact your county agricultural commissioner if you have questions about pesticides.
CDFA is working on regulations for the cannabis appellations program. Once they are adopted, CDFA will begin accepting applications to create an Appellation of Origin.
Medical cannabis was made legal by voter approval of Proposition 215. It is known as California’s Compassionate Use Act of 1996 (the “CUA”). The CUA is set forth in California Health and Safety code 11362.5 HS and subsequent sections.
As a result, possession of marijuana with the intent to sell it without a license remains a crime under Health and Safety Code 11359 HS (California’s possession of marijuana for sale law).
But marijuana possession for sale without a license is a felony if any of the following is true:
California Vehicle Code 23222(b) VC prohibits driving in possession of up to 28.5 grams of marijuana. It is a sister provision to the law against driving with an open container of alcohol in your vehicle. Proposition 64 did not change this law.
Recreational use of marijuana became legal in California on January 1, 2018. The legalization of cannabis regulation and adult-use cannabis is the result of voter passage of Proposition 64 in November 2016.
7. Is driving with marijuana a crime?
If the minor involved is under 14 years of age, the penalty is:
In the wake of Proposition 64, it is unclear whether medical marijuana dispensaries will continue to operate long-term or will be folded into the new market for legal recreational marijuana.
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.
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.
Restrictions on sale and transport.
(Driving under the influence of marijuana is prosecuted the same as DUI of alcohol. Suspects are given blood tests to measure the amount of THC in their blood.)
The U.S. Department of Housing and Urban Development (“HUD”) allows local housing authorities to set their own policies on marijuana use. 29.
Under no condition, however, may they sell marijuana, or possess or cultivate more than is reasonably related to the patient’s medical use.
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.
4. What are the penalties for selling, gifting, transporting, or importing marijuana?
Additionally, marijuana may not be smoked in any public place or at any location where the smoking of tobacco is legally prohibited, including cannabis retailers.
Yes. Some jurisdictions allow police to administer urine tests in DUI cases to check if motorists have drugs or alcohol in their system. However, urine testing is sometimes less reliable than other forms of testing (for example blood tests or breath tests) and are considered less practical to administer. Police most often ask for a .
Proof of intent to sell marijuana without a license is usually made by circumstantial evidence (“indicia of sale”). 7.
If you don’t have a license, then selling pot–or transporting it in order to sell it–is still a crime under California Health and Safety Code 11360 HS. Under Prop 64, HS 11360 has become a law intended to prohibit a “black market” in marijuana.
California self-defense laws allow people to use reasonable force (and even violence) to protect themselves against an attacker. The threat must be immediate and a person must use no more force than is reasonably necessary to thwart the attack.But what if someone starts a fight? Can he claim self-defense as a legal defense against criminal .
Adults who exceed these amounts of recreational cannabis can be charged with a misdemeanor and punished by up to 6 months in county jail and/or a fine of up to $500.
3. What is possession with intent to sell?
The CSA takes precedence over the laws of California. 21 Technically, therefore, when you sell, transport, or give away marijuana, you violate federal law–even if you are abiding by California’s medical marijuana law or recreational marijuana legalization law. 22.
Health and Safety Code 11357 HS is the California marijuana law that sets forth the rules for personal possession of marijuana for recreational purposes.
Under the CUA, a qualified patient is legally entitled to a medical marijuana identification card if a doctor has recommended it or approved it for the treatment of a serious medical condition such as:
Regardless of whether it is grown indoors or outdoors, the marijuana plants must be in a secure location not accessible to minors.
California’s medical marijuana laws authorize possession, cultivation, transport and administration of medical marijuana, as long as the marijuana is:
The Federal Controlled Substances Act.
California law also allows the distribution of medical marijuana through non-profit medical marijuana dispensaries, collectives or cooperatives.
Marijuana is legal for adults to use in 18 states and Washington, D.C. Medical marijuana is legal in 37.Most recently, New Mexico, Virginia and Connecticut legalized recreational cannabis.
State license issuance began in 2018, but data isn’t available for that initial year because they were issued as temporary licenses. Data sets begin in 2019, when 12-month annual and provisional licenses began to be issued, using the online licensing systems. Licenses remain active for one year, at which point they can be renewed for an additional 12 months. This list displays counts of when the licenses were first issued, but not each time one was renewed.
Cannabis status by state.
Illegal plants seized in California by year.
Recreational cannabis sales began in January 2018, and while many have played by the rules, the illegal growth and sale of the plant continues to undermine those following the rules.
Since its establishment in 1983, the Campaign Against Marijuana Planting has had more than 110 law enforcement agencies involved, making it one of the largest law enforcement task forces in the U.S.
Street value? Pot can vary a lot in quality and value, but with a conservative estimate that a plant can yield one pound of average weed at $1,600 a pound, the 1.11 million plants seized in 2020 could have a street value of about $1.77 billion.
Licensed to grow, manufacture and sell.
You can report an illegal business anonymously online at cannabis.ca.gov.
That would make it the eighth most valued commodity in California agriculture.