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Greed a Big Concern

 

David McCollester, a property developer in Lake County, believes greed is a main driver behind the forces that control our markets. We’re seeing the results of this greed right now.

 

“I think legalization took nearly 25 years because the 1% that work closely with government had to figure out how to corner the lion’s share of the market. Now, any hope of a profitable cannabis market will be like going bird hunting and never being able to take the dog off the leash…What government has done here is recognize the profit margin of a black market business model, applied it to a legalized agricultural model, siphoned off any profit margin and basically hobbled 95% of the small and mid-level growers.”

 

Butte County activist Jeff Pflueger agrees.

 

“The state has taken this thing over lock, stock and barrel. They’ve skewed the regulations in favor of a few and will kill off the medium to small growers. Then they will turn around and subsidize the big companies with taxpayer funds because the taxpayers voted for it. This is exactly what happened in the tobacco industry!”

 

The state’s recent decision to allow grows larger than one acre particularly concerns medium and small growers. Prop 64 restricts the size of grows, limiting cultivation licenses to one acre to increase variety and market competition. Removing these caps has sparked vociferous protests from both legislators and trade groups in the North.

 

California Growers Association has filed a lawsuit to prevent issuing these larger cultivation permits. One of their arguments: “The cumulative individual decisions of small and medium cultivators to remain in the illegal market due to an inability to compete with large cultivators will harm the local economies of traditional cultivation regions of the state by reducing tax revenue in these areas.”

 

In other words, if they can’t compete on the legal market, they’ll do it on the black one.

 

Will the Black Market Boom?

 

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Jason D. Andrews owned one of the first SoCal delivery services, Prop 215.com. He’s also a patient who uses cannabis instead of opiates or other pharmaceuticals for PTSD, four ruptured discs and sciatica. “It doesn’t take the pain away,” says Andrews, “but it does keep my mind from dwelling on it.”

 

Andrews believes the new rules are setting up a huge black market boom.

 

“An eighth of smoke costs around $35 to $50 average, and has forever, depending on your source. An ounce is over $420 now, even as high as $500, which comes out to around $8,000 a pound. If I can get a pound for anywhere between $400 to $2,000 on the black market, why would anyone ever go to a legal shop and get ripped off?”

 

There’s no question the black market still thrives in other legal states where excessive regulations create price surges. Southern Nevada activist Ray Adams says Nevada legalization has severe black market issues.

 

“I personally believe that the high price per gram coupled with the second or third highest taxation rate on cannabis is keeping the black market flourishing in Nevada. When the dispensary price is over twice what the street price is, I don’t think that we will see a reduction in the underground trade of cannabis.”

 

But Adams isn’t bitter. He believes the situation will eventually sort itself out.

 

“I’m not going to fault them for trying. They’re forging new ground here in an atmosphere where they feel that the establishment is waiting for them to make a misstep so they can be used as an example. I think that they are doing the best that they can given the hostile atmosphere that this is happening in.”

 

Nevada’s not the only state faced with black market woes. As Southern California activist Donna Lambert points out, Colorado has so many problems with illegal sales that it recently proposed a bill to add chemical tracking agents to cannabis products. Don’t worry, the chemical agent isn’t here; but when it is, the state will grant the licensing rights to a sole vendor. Monopolies are always a great idea, right?

 

We Still Have Criminal Penalties but There’s Progress

 

Los Angeles activist Patrick Moore acknowledges past criminal convictions are being erased using Prop 64 (AUMA) provisions. Nevertheless, he worries both AUMA and state regulatory schemes contain too many new criminal penalties that’ll catch more victims in their nets.

 

“Just wait until the enforcers are grabbing those new taxes to do what they do. It’s about to get ugly!”

 

Yet Wesley A. Bridle, Economics major at UCLA, likes the criminal penalty changes. He points out that former felony offenses are now misdemeanors, and therefore don’t void the vote of the person charged.

 

Butte County Activist Victor Neuman sees these changes in a different light. “When some people think fines, drugs tests and misdemeanors are a proper step forward, they need to be reminded that this is not legalization.”

 

California veteran and patient Albert Vigil agrees, concerned over the remaining criminal penalties.

 

“I bet when all the jails are over-filled with people that smoke weed and they have to take care of everyone, they will see that we don’t want weed to be illegal anymore. They will have to do something then. The state will go bankrupt otherwise, and we will now have Trump and Sessions to blame, not Obama and Hillary.”

 

Patient Ken Banham worries about overzealous law enforcement cracking down on drivers as well.

 

“My main concern comes from the signs I’ve seen on the freeway saying, ‘drive while high, get a DUI.’ I don’t think that they’ve got the science firmed up for testing cannabis impairment yet. They can’t know whether or not I smoked this morning or 10 minutes ago. I see a future of abusive cops hammering us because of a piece of dust in the eye or the smell of white sage.”

 

Can Rescheduling or Descheduling Solve Over-Regulation?

 

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Jeff Jonaitis, an Orange County activist and long-time member of Norml, feels that patients and those who work in the industry are now getting over-regulation’s the short end of the stick. “All this greed and ginormous tax on a plant. Just regulate it like tomatoes.”

 

There may not be much time to complain about the new regulations if the federal government decides to de-schedule or reschedule. It looks as if Jeff Sessions may force Congress to address cannabis’ status under the Controlled Substances Act. Fontana activist and lawsuit plaintiff Mike Harris reminds us about Sessions’ statement that Congress should change cannabis laws if they don’t want to enforce them.

 

“I think Sessions is forcing the issue of ending the CSA scheduling where before legislators were happy to dodge the problem…Now voters have overwhelmingly shown what side they are on and the few on Capitol Hill have begun a swelling chorus of voices to act. Some more reluctant than others, but still not wanting to go against their own principles of states’ rights. The CSA has always been the key. And when it goes so will our state’s justification for over-regulation.”

 

Are We Repeating Other States’ Mistakes?

 

California may have been the first state to legalize medical cannabis, but it missed being the first to legalize recreational by a wide margin. Some activists from other legal rec states are witnessing the fallout of our new regulations and worrying we aren’t learning from their states’ mistakes.

 

According to Colorado activist Mark Pedersen:

 

“I am facing multiple felonies for my work with the poor and terminally ill in a so called ‘legal’ state. The image of legalization that the world has is far from reality. The suffering and the persecution still exist. Even though the majority of Americans believe cannabis should be legal, the majority of those who could benefit from the plant still don’t have access to it.”

 

Will California see cases like Pedersen’s before the end of the year? It’s very likely.

 

Mr. Pedersen may be right about continuing access problems as well. As it turns out, there’ll be new gaps in access, as some of former patient mainstays have switched over to recreational-only. This leaves former customers to find new sources for their medicine.

 

Chandra Batra, a long-time cannabis activist from Massachusetts, isn’t happy.

 

“I’ve been trying to wrap my head and heart around all of this. As a disabled patient, I feel betrayed and stepped on. Harborside became adult-use only on January 1st. They’ve ended their free care and are desperately trying to destroy their history as a patient sanctuary. I am truly upset about what this has done to pediatric patients and families.”

 

A statement from Harborside’s FAQ page confirms that they don’t have a license to sell medical cannabis. Since they don’t, those under 21 who once turned to them for help must now find other means of MMJ support.

 

“Harborside will continue to serve medical patients, however, we will not be able to sell quantities in excess of one ounce of non-concentrated cannabis (flower) or eight grams of concentrated cannabis…[it’s] unable to sell to any medical patient under the age of 21. Harborside will offer a 7.5% discount for medical patients with a county-issued medical ID card.”

 

To be fair, all businesses are facing difficult expense decisions as they pursue state licensing. Retailers who wish to supply both medical and adult-use cannabis need to seek separate licenses for each business category.

 

An Ongoing Legalization Argument

 

 

Even after hearing many complaints about the new law, Bridle remains certain things are a lot better than pre-legalization.

 

“If you are finding it hard to find positive perspectives on AUMA or more importantly MAUCRSA, then come to WeHo and talk to the people who are still, after three weeks, lining up outside the adult use shops here.”

 

At the end of the day, he has a point. It’s safe to say there’s no shortage of legal cannabis consumers in California. In fact, stores are struggling to keep up with demand. But tea also had a pretty good market this side of the pond before the British Tea Act.

 

Long-time OC Norml activist Al Moreno puts his current sentiments in a nutshell. “What else is taxed this high? We need to go underground. We need a Boston pot party.”

 

As Hermann Göring once said, “We will go down in history as the world’s greatest statesmen or its greatest villains.”

  • The NIMBY Chronicles Part 2: Calaveras, Kings and Fontana

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    When public opinion begins to swing on a hot button issue, there’s inevitably some resistance from the displaced, former majority. We’re currently seeing this with cannabis legalization. A plant nearly universally portrayed as a dangerous narcotic is now accepted as a medical treatment, and a relatively harmless recreational drug, by most Americans.

     

    As we adjust to this new pro-legalization paradigm, we’re bound to hit a few speed bumps along the way. The NIMBY’s are just one of those hiccups. These are the groups who profess compassion toward cannabis use and agree that seriously ill people should be allowed to use it to treat their illnesses. They just want them to go somewhere else to do it.

     

    In our last visit to the NIMBY chronicles, we explored the cognitive dissonance allowing local governments to ban, or de facto ban, cannabis activities despite our current paradigm shift. In some cases, these bans take place in counties that overwhelmingly voted to support Prop 64.

     

    Now we’ll look at Calaveras County’s surprise move to ban commercial activity after accepting millions for implementation. We’ll also examine Kings County’s not-so-surprise ban ordinance, and touch on Fontana’s de facto ban on personal cultivation, sparking a lawsuit with potential to redefine several aspects of local verses state law.

     

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    And the Winner Is…Calaveras County

     

     

    Calaveras County takes the prize for the NIMBY awards this month. After raising nearly $10 million in fees and spending a pretty penny on crafting regulations, the Board of Supervisors voted for an outright ban on all commercial cannabis activity. As farmers and activists screamed from the aisles  with threats of instant litigation, the anti-cannabis lobby celebrated their victory.

     

    Basking in the glow of his win, Bill McManus, head of the Committee to Ban Commercial Marijuana, gave the Calaveras Enterprise a quote straight out of the NIMBY playbook. “With Proposition 64, the farmers can relocate elsewhere…They can go somewhere else where they’re welcome.”

     

    In other words, just “Not In My Back Yard.”

     

    Adding Insult to NIMBY Injury

     

    In addition to losing their investments, fees and taxes, growers are being required to fork over the additional expense of returning their land to its former state within 24 months. Many farmers had already spent thousands to prepare for cultivation, and must now invest in reversing those changes without the benefit of their intended cash crop.

     

    There is some small hope. The county board is attempting to prepare two ballot initiatives–one for the ban and one to allow commercial cultivation. If they can finish the initiatives by the end of January, the county can vote on this hotly contested issue in June; however, it’s unsure which direction it’ll vote.

     

    Kings County Gets Second Place

     

     

    Kings County took the NIMBY cake when it came to specious reasoning, blaming their ban on the drought. A quote directly from their prohibition ordinance states, “In the current drought, marijuana cultivation is not in the public interest because marijuana plants consume substantially more water than most plants used for production of food, fiber, or fuel.”

     

    Is this even true?

     

    In 2014, the Press Democrat shared a widely-contested water usage figure of six gallons per cannabis plant a day. Lawmakers have quoted this figure ever since as they jump on the drought bandwagon to enact their local cannabis bans. Counties like Yuba even used the drought as a reason to pass their ban under an urgency ordinance so it couldn’t be challenged by the voters.

     

    The article’s source for the water usage figures wasn’t cited, but the biggest problem was that the plant’s water footprint wasn’t put into comparative perspective with other crops.

     

    Is Cannabis Really a Water Hungry Crop?

     

     

    An eighth can last the typical smoker anywhere from a few days to a month. The figure varies so widely because there’s no such thing as a typical smoker. But it’s easy enough to predict that an eighth will last most much longer than one day.

     

    A more recent water usage report used information from Mendocino growers to calculate that it takes roughly 1.875 gallons to produce one cannabis eighth. For comparison, it takes 1.1 gallons of water to produce just a single almond.

     

    Perhaps that’s not a fair comparison since almonds are a food crop, and it’s generally agreed food is a priority. Perhaps we should compare cannabis to another widely-used recreational crop–wine.

     

    The most conservative estimates put a water footprint of 2 to 3 gallons per four ounce glass at the low end, and up to 15 gallons at the high. Remember, this is just for one glass of wine. How many glasses does the average person drink in a sitting? Two? Three?

     

    Cheech and Chong couldn’t come close to the water footprint of your average wine drinker.

     

    Perhaps Kings County should consider switching over to primarily pot production if they want to save on water.

     

    Drought Wasn’t the Only Red Herring

     

    The ordinance states, “the experience of law enforcement in Kings County is that marijuana cultivation increases the risk of crime in our county.” This sounds more like a gut feeling than an statistical or logically provable fact.

     

    It also says:

     

    “Since Colorado legalized marijuana under state law in 2012, homelessness there has increased by 25 percent, fires associated with marijuana in Denver have increased in incidence by over 1,000 percent, and emergency room visits associated with marijuana use have increased nearly 50 percent for residents and over 100 percent for nonresident tourists.”

     

    Nonetheless, such statistics are sensationalized. There was an oft-quoted 154% increase in traffic fatalities related to marijuana between 2006 and 2014. This sounds very alarming, but there are less than 100 fatalities a year. While each was, without doubt, a tragedy, only roughly 30% only had cannabis in their system; the tests have no way of judging impairment since cannabis stays in the system for days or even weeks.

     

    Finally, Kings County tops off their list of complaints with their belief that cannabis is a gateway drug that could lead to methamphetamine and heroin use. Perhaps they’re not aware of statistics showing a reduction in opiate use in states with legal MMJ. Yet it’s hard to believe they haven’t seen patent No. 6630507, allowing the federal government to grant exclusive rights to research certain cannabinoids as a neuroprotectant.

     

    Ironically, Colorado has seen a 6.5% reduction in opiate deaths since cannabis was legalized, but many officials are dismissing these stats. Doctor Larry Wolk, Executive Director of the Colorado Department of Public Health, says that “it is too soon to draw sweeping conclusions about legalization’s impact.”

     

    Fontana Getting Its Day in Court

     

    Some local governments didn’t just stop at banning commercial cannabis. Fontana residents are also under a de facto ban for personal cultivation.

     

    The ordinance, which was passed Jan. 24, 2017, requires personal cultivators to apply for a permit costing $411. It’ll be denied if the applicants have any pending code-enforcement issues with the city or overdue fees.

     

    It also tacks on several additional hurdles admittedly designed to restrict personal cultivation rights, including:

     

    • A completed live scan at the applicant’s own cost.
    • No illegal possession felony convictions for the sale, manufacture, transportation, or cultivation of a controlled substance within the last five years.
    • A signed, notarized affidavit from any landlord or property owner, other than the applicant, that acknowledges and grants permission for cultivation.
    • A full inspection and approval of the cultivation area by city staff.

     

    A lawsuit backed by the ACLU and the Drug Policy Alliance has already been filed to challenge the ordinance, but it could take years to go through the courts. Meanwhile, citizens are faced with punitive action from their local governments for doing exactly what they voted to allow.

     

    Lawsuit plaintiff Mike Harris says that the council basically admitted it was their goal to make cannabis cultivation more difficult during their pre-vote discussion session. A video of the meeting shows Council member Michael Tahan questioning Community Development Director Zai AbuBakar about the lack of sensitive-use distance requirements for personal grows:

     

    Tahan: “So you could have the whole street doing that [cultivating cannabis in private homes]. I mean, there’s no limitations, right?”

    AbuBakar: “Correct, there’s no distance requirements what-so-ever.”

    Tahan: “And these could be next to a school, next to a park, next to a church? There’s no limitation that we could put on this?”

    AbuBakar: “No.”

    Tahan: “So we could turn the city into that? I mean, everyone can have a house and rent the house for so much money and the landlord will sign off…”

    AbuBakar: “Yes, but again they have to meet the criteria that we include in the permit process.”

    Tahan: “This is very troublesome for me.”

     

    Councilmember Jesse Armendarez added his take on the ordinance, saying:

     

    “When I read this, you know, reasonable regulation…I think we’ve done the most stringent policy we could…I mean, these are all things that I believe you guys put in there for one reason–to deter people from doing this. If people are smelling it next door, then that’s a violation, and that’s how we have our recourse.”

     

    Harris believes these permits are much more likely to be denied than approved in light of the council’s public comments:

     

    “Getting a permit in Fontana is equivalent to putting yourself on criminal parole. There’s no criminal background check to see if I’ve installed my rebar correctly or if I have the proper fencing for my pool. What they want is to find a reason to ding you for something so that you can’t grow at all.”

     

    Now it’ll be up to California’s courts to decide whether Fontana’s regulations are reasonable, or simply designed to block the implementation of voter-approved law.

     

    What’s Causing the Current Backlash Against Legalization?

     

    It’s hard to understand how so many voters can approve of cannabis as a medicine, but still deny the cultivation and distribution of that medicine anywhere near them. People don’t want to be near hog farms because mass production causes environmental damage and noxious odors. Some even make these complaints as they chow down a BLT slathered in mayonnaise.

     

    It’s basically the same story for the much-maligned marijuana plant with one glaring exception: cannabis cultivation can actually help the environment if done right. After all, it’s well-known that hemp is a carbon-neutral source of fiber, fuel and an excellent vegetable protein source.

     

    The environmental damage sometimes caused by unregulated cannabis crops is the result of guerrilla cultivation destined for the black market. Streams are diverted, public lands are abused, and houses are converted into energy-gobbling, neighborhood-ruining grow operations. This isn’t  speculation. It’s been occurring in California for years–especially in areas with outright bans and no regulations.  

     

    Then why would any public body vote against regulating commercial cannabis activity so we can stop these abuses?

     

    Law of Unintended Consequences

     

    Lots of people want to get into the cannabis business and they’re willing to take many financial risks to do so. We’re now witnessing the new “green rush,” and if we want to know some of the hidden consequences, we only need look at the history of the Gold Rush.

     

    Real estate prospecting drives up property prices to the detriment of overall market stability. Properties are snatched up at the first hint of a friendly ordinance at well over market rates. New prospectors will often begin grading and developing their new property for cultivation before regulations are fully in place. Then, when an ordinance doesn’t pass or their property is zoned out, it’s often abandoned or sold at loss.

     

    In some cities, property owners are asking ten times a property’s value at the mere hint of a favorable zoning ordinance. In others, entire blocks lay empty as guerilla cultivators trade in their hidden suburban grows for legitimate outdoor cultivation.

     

    Essentially, California’s real estate market is in absolute chaos. But this can be expected with any significant economic boom. Silicon Valley suffers a massive homeless problem as tech-entrepreneurs purchase local real estate for massive markups; yet they fail to raise workers salaries to match the increased living cost. Los Angeles’ Skid Row now encompasses 50 city blocks, with more giant encampments popping up in Anaheim and elsewhere. If you own a real estate property like a parcel of land that you want to sell, you should get in touch with the right experts. Need to sell my New York land? Our team offers personalized service, fair pricing, and a hassle-free process to make the sale easy.

     

    Hopefully the cannabis industry can bring much-needed employment to California’s unemployed and under-employed. Since legalization, Colorado boasts the nation’s lowest unemployment rate, 2.3%, but it may take years for their real estate market to adjust. Colorado was also the second-fastest growing state in 2016.

     

    Let’s End on a Humorous Note

     

     

    In an almost laughable NIMBY move, the Coachella Music Festival is continuing their ban on cannabis in their backyard despite legalization–even for those with medical recommendations.

     

    According to the Los Angeles Daily News, concert-goers who forget to leave their legal stash at home can drop off their burdens at the concert’s amnesty boxes, no questions asked. The article doesn’t say where those lucky amnesty boxes will be going after the concert.

     

    So Coachella wins the award for “Most Unenforceable Ban in the State,” hands down. But ya’ gotta love their spirit.

  • Learn How California’s 2018 Cannabis Taxes Work in Two Minutes

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    The new California taxes on recreational and medical cannabis purchases have us all worried. And rightfully so, they’re confusing, and place a huge premium on the price of products compared to what we’re all used to. It’s important you understand exactly what these taxes mean and what they’re for. 

     

  • What you'll learn in this post:

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    California Cannabis Taxes Breakdown

     

    All commercial cannabis is taxable (this doesn’t include recreational cannabis that you grow for personal use). The only exempt plant is industrial hemp; but it must be a very specific type, with no more than .03% THC in the dried flowering tops.

     

    As soon as a plant is harvested, it’s separated into buds and leaves, then weighed and taxed at a rate of $9.25 per dry-weight ounce of flowers and $2.75 per dry-weight ounce of leaves. All cultivators pay this tax when their cannabis enters the commercial market.

     

    Next, the buds and leaves move on to manufacturers who produce different products, test and send them back to distributors, or directly to distributors, who then test and distribute to retailers. This is where the excise tax comes in.

     

    Excise Tax

     

    cannabis taxes

     

    All retailers who sell cannabis to the public are subject to a 15% excise tax. This toll is based on the average market value of the cannabis sold, not the actual amount it’s sold for. If you buy an eighth for $1, but the average market value is $30, you’ll pay 15% of $30, not 15% of $1.

     

    Where does the 15% excise tax go? The money collected for this mandatory tax isn’t just part of the general fund; it’s been specifically allocated by Prop 64.

     

    A part of the revenue goes to universities to study Prop 64’s impact and assess whether cannabis legalization affects other drugs and/or alcohol use. Another portion of this cannabis tax will go to the highway department to figure out testing for driving while impaired.

     

    Funds are also allocated to administer a community reinvestments grants program to local health departments job placement, mental health treatment, substance use disorder treatment, system navigation services, legal services, and linkages to medical care for communities disproportionately affected by past federal and state drug policies.

     

    Some is even being allocated to advance major research efforts into the efficacy, and possible adverse effects, of cannabis use. The results will give the federal government the information it needs to address rescheduling on a nationwide basis.

     

    Sales and Use Taxes

     

    The sales and use tax is the typical tax we pay when buying anything. The sales tax amount differs in all areas, depending on the local markups from counties and cities. In L.A. it’s 10%, in Visalia it’s 8.5%.

     

    No matter the amount, if you have a valid state-issued MMID card from your county, you don’t have to pay this cannabis tax. The ONLY people exempt from this tax are people with a valid MMID card. Prop 215 patients are not exempt if they don’t have the card.

     

    Customers also pay the tax if they buy recreational cannabis from a retailer who only has an adult-use license but no medical cannabis retail license.

     

    This tax is called a “use tax” if the product wasn’t sold, but was used by the retailer instead. Say this retailer took an eighth home for his own use; he’d have to pay this tax out of his own pocket, even though he didn’t pay retail price. If the average market value of the cannabis taken home was $30, he’d have to pay $4.50 to the state for the “use tax” instead of the customer paying $4.50 for the “sales tax.”

     

    A Local Sales Tax Too?

     

    cannabis taxes

     

    Clear as mud? Great, but there’s one final layer of cannabis taxes at the local level. There’s no way to generalize how much this tax will be. It’s written into the code for the county or city where you make the purchase.

     

    Despite being called “sales taxes,” these aren’t really the sales and use taxes MMID card holders are exempt from. They’re a tax on selling cannabis, and it’s up to the local government to decide whether they’ll exempt card holders or not. There may also be local additional cannabis taxes for cultivation, manufacturing or other taxes. The amount also varies widely.

     

    The California Department of Tax and Fee Administration (CDTFA) is actually freely admitting that their tax and fee laws can be complex and difficult to understand. If you’re confused about a specific tax, it’s best to get the answer in writing from their office. This’ll protect you from tax, penalties and interest in case they give you erroneous information.

     

    The information contained in this site is for general guidance on matters of interest only. All info here, or on third party websites we link to, is provided “as is”, with no guarantee of completeness, accuracy, or timeliness. In no event will Nugg, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages.

  • The Complete Q&A List for California’s 2018 Cannabis Regulations

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    These answers to frequently asked cannabis questions are provided for informational purposes only. They aren’t intended as a substitute for advice from a qualified attorney. California’s cannabis regulations are still being developed, so this publication takes no responsibility for outdated or incorrect information. All information should be verified with a qualified attorney. This resource includes links to the relevant legislation regarding these cannabis questions because many of these answers are open to legal interpretation. Answers may include opinions about the law or general direction of legislation. Again, these are opinions and not legal advice. Those planning to engage in any cannabis-related activities are strongly advised to use common sense and caution, and, most of all, to seek the direction of a qualified attorney.

     

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    Frequently Asked Recreational Cannabis Questions

     

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    Can I just walk in with my ID and get marijuana?

    If you’re over 21, yup. That’s the law now.

     

    Do you have to be 21 to use it in public?

    There is absolutely no Prop 64 provision that allows you to light up in general public areas. If you can’t smoke a cigarette there, you can’t smoke cannabis either. There are going to be lounges where consumption will be allowed, but that’s up to local ordinances. These businesses will not allow anyone under 21 per state law.

     

    Do I have to register with the state of California?

    Not for recreational use or even cultivation of up to six plants indoors. Some counties like Monterey are trying to require registration for the small amounts of indoor recreational cultivation allowed by Prop 64. It’s a new thing and hasn’t been challenged in court yet–so it’s almost guaranteed it will be.

     

    Are records of my recreational marijuana purchases kept?

    Yes, the details of each recreational purchase are recorded. These include your first name, your customer number, what you bought, how many, when you bought it/them, and for how much.

     

    Do I need a California ID or something to show my residence? Are out-of-state individuals allowed to access recreational cannabis with a 21+ out-of-state ID?

    Yes. It looks like, from the language here, all they’re required to show is a government-issued identification saying they’re 21 or older. It doesn’t say it has to be a California ID. There are some cities in California that are looking forward to becoming cannabis tourism destinations.

     

    Are foreign individuals allowed to access recreational cannabis with a 21+ foreign ID?

    The general consensus is that Prop 64 never specifies residency for recreational users. If you’re visiting California and staying in a hotel, remember that many hotels ban smoking.

     

    Will recreational grade cannabis lack the quality or control of medical grade?

    There’s a little known provision that the legislature added to the MAUCRSA this session. Business & Professions Code 26070 (l) says, “beginning January 1, 2018, a licensee may sell cannabis or cannabis products that have not been tested for a limited and finite time as determined by the bureau.”

     

    It’s likely they did this to prevent a complete collapse of the supply chain during these first few days of legalization (like what happened in some other states). It has to say on the label that it hasn’t been tested. So, technically, none of them are required to be tested–yet. Look very carefully for that label until the legislature changes its rules.

     

    How much are recreational cannabis taxes going to be? Does it vary by county?

    Heck, there’s a massive spread on tax rates by different municipalities in the same counties. They’re basically testing the limits of what they think producers and consumers will accept. Some of the local tax rates seem wildly unrealistic.

     

    Farmersville is imposing a tax on marijuana businesses at a maximum rate of 10% of gross receipts or $25 per square foot. This is in addition to the state’s mandated taxes, though they don’t seem to have any takers yet.

     

    We’ve included speculations to this point in a separate article because it deserves more than a short answer. Some are estimating that the cumulative taxes will double or even triple current market prices, but not until the initial supply run is over and demand outstrips current supplies. For the sort of short answer, you’ll find the applicable taxes in Revenue and Taxation Code Part 14.5.

     

    Can I fly with it in California?

    Even if all travel is in the same legal state, it’s still a bad idea. There is a pretty succinct answer from the TSA, who apparently doesn’t care one whit about Constitutional rights if you’ve been watching the news for the past few years:

     

    Possession of marijuana is illegal under federal law. TSA officers are required to report any suspected violations of law, including possession of marijuana. TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers do not search for marijuana or other illegal drugs, but in the event a substance that appears to be marijuana is observed during security screening, TSA will refer the matter to a law enforcement officer.

     

    In other words, it may be legal to possess cannabis in the state, but it’s still gonna be a pain in the butt to get it past the TSA (literally, they give rectal exams for less.)

     

    Could I buy it in the mail?

    No. Well, you probably could, but it’s not legal. Postal inspectors have to obtain a search warrant before they can open your package, but if they suspect there are drugs in the package, they can and will obtain it. They intercept tons of cannabis every year and even post the statistics. And the private couriers are even worse, as shipping with companies like DHL or FedEx carries fewer privacy rights.

     

    Can I give cannabis away to my friends?

    You can legally give away cannabis to anyone 21 or over, as long as the amount is under 28.5 grams. If you give away more than 28.5 grams or give cannabis to anyone under 21, you’ll face fines and possibly even criminal charges.

     

    Can I still get my favorite brands?

    Mostly likely not. The Manufactured Cannabis Safety Branch created their own rules that demand specific limits on cannabis product concentrations and shapes. Some food products are strictly prohibited, such as edibles that look appealing and indistinguishable from normal kids’ candy. The licensing requirements can be so detailed that some companies are realizing they just don’t have the means to adapt and survive.

     

    Can I attend cannabis events?

    Trade shows like the High Times Cannabis Cup will still be active, but they’ll now be strictly limited to adults 21 and up. Even a medical patient under 21 isn’t allowed, nor is alcohol and tobacco use. Another downer? Free samples are a thing of the past.

     

    I heard California just changed Prop 64 to allow large cultivators to take over.

    That’s actually fairly true. Section 26061(d) of Prop 64 (you’ll find it here on page 28) says “No Type 5, Type 5A, or Type 5B cultivation licenses may be issued before January 1, 2023.” (That’s the huge cultivation licenses that are larger than 22,000 feet indoors and one acre outdoors). The law was written this way to let everyone get the same chance for a foothold in the market before big producers could try to cut out competition.

     

    The state legislature suddenly changed this just a few weeks ago to the absolute outrage of the cannabis community. After all, the state isn’t supposed to be able to change a ballot initiative like this.

     

    Unfortunately, the language of Prop 64 allows wide latitude to the legislature to amend the initiative (Section 10, page 64 of the same link). They’re using that wide latitude, and their decision is likely going to be challenged in court along with some other changes.

     

    I thought it was legal, then found out I have even more restrictions than before. Can Prop 64 be repealed?

    Some Californians are definitely feeling a little buyer’s remorse in the more restrictive municipalities. Others are considering filing lawsuits to fight for the rights that they thought would be guaranteed by Prop 64.

     

    There are also some activists in the medical movement that are considering a statewide constitutional amendment to help protect access for medical patients no matter what changes are made to recreational regulations. Prop 64 was originally supported by these influencers. Contact them and ask for additional efforts to improve the law, or just thank them for their support if you’re happy with how Prop 64 is panning out:

     

     

    If they get enough comments from the citizens who voted for the initiative but are unsatisfied with its results, perhaps they can be convinced to fund a repeal or constitutional amendment. 

     

    How will recreational cannabis influence the medical cannabis movement?

    Great question. As it turns out, many medical cannabis patients are very concerned that prices will go up and quality will go down very fast. Others think that access will be greatly improved since most patients find six plants to be sufficient.

     

    Unfortunately, many local governments are making it very hard to grow even though it’s legal. Some are even trying to apply registration fees for the state’s allowable personal cultivation of six plants. There are so many moving pieces to the equation that it’s literally impossible to tell. However, the current actions of the legislature to eliminate the cap size restrictions on cultivation don’t bode well.

     

    Are CBD-only products (less than 0.3% THC) considered herbal supplements or cannabis?

    The answer to this is complicated. The DEA is making it very clear that they consider even non-psychoactive CBD oil illegal because it comes from a plant that is listed on Schedule 1 under the Controlled Substances Act. But the states have different laws.

     

    In California, industrial hemp is not considered cannabis by legal definition, but it must be a very specific type of plant to qualify as industrial hemp. It must be Cannabis sativa L. with no more than .03% THC in the dried flowering tops.

     

    This law also says that hemp can only be grown if it comes from an approved list of hemp seed cultivars, but the lists are scattered across several different regulatory agencies, so before one begins to cultivate, it would be best to check with the Department of Food and Agriculture.

     

    Are CBD-only businesses and products subject to the new laws, or do they only apply to cannabis based businesses?

    Hemp is regulated by the Department of Food and Agriculture, but whether the CBD business falls into the hemp category or the cannabis category under Division 10 depends on the type of product they are producing and the type of cannabis they use. If they qualify as government-approved hemp crops, they will be regulated by these rules with the Department of Food and Agriculture.

     

    Any other cannabis, even if it’s non-psychoactive Cannabis sativa L. with a THC content of .04%, will be subject to the general cannabis regulations in Division 10 of the Health and Safety Code.

     

    Frequently Asked Medical Cannabis Questions

     

    Cannabis Questions

     

    Will registering with the state affect any potential government jobs?

    There are privacy provisions in Prop 64 (Sec. 52.) that have been codified into Health & Safety 11362.713. MMID information is deemed medical information and afforded serious protections. Among those privacy restrictions are instructions that MMID numbers are all that can be verified by the state. Names and medical conditions aren’t allowed for disclosure.

     

    They go to a lot of trouble to keep that medical info from being hacked or abused by those who have access to it, legally or not. But there are also provisions in the same section that allow this private medical information to be revealed after the patient has been notified in certain cases.

     

    But there are caveats. From the Privacy Rights Clearinghouse regarding questions of background checks, “It depends. In general, consumer reporting agencies that perform background checks cannot include medical information in your background check unless you consent and the information is relevant to the job you are seeking.” See FCRA § 604(g) [9] and Cal.Civ. Code §§ 1786–1786.30 [10]

     

    For more information on employee background checks, see PRC’s guides: Employment Background Checks: A Jobseeker’s Guide [11], and Employment Background Checks in California: A Focus on Accuracy [12]. This one will likely end up in court too.

     

    What Benefits Come with Being a Medical Marijuana Patient?

    There are several, but the main pluses are:

     

    1. Access to more dispensaries across the state (over 1,000).
    2. No state sales and use taxes.
    3. Protection from arrest if carrying more than an ounce of MMJ.
    4. Greater parental protection rights (don’t worry about losing child custody).
    5. Larger standard possession limits (up to eight ounces at one time).
    6. Even larger possession limits (if doctor recommend).
    7. Larger cultivation allowances (in many jurisdictions).
    8. Lower age limit to purchase (18 years for medical vs. 21 years for recreational).

     

    What does it mean when they say my rec now has to come from my “attending physician”?

    The law now defines “attending physician” as:

    “an individual who possesses a license in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California and who has taken responsibility for an aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient and who has conducted a medical examination of that patient before recording in the patient’s medical record the physician’s assessment of whether the patient has a serious medical condition and whether the medical use of cannabis is appropriate.”

     

    If I get the state card, does that require yearly renewal as well??

    Yes, definitely. You can find the answers to a lot of the questions about the MMIC program at this site. Regarding expiration, cards for primary caregivers might need to be renewed before one year is up. “The MMIC may be valid up to one year. A primary caregiver card will expire when the patient’s card expires even if it is less than 12 months.”

     

    Being that I’m under 21, my recommendation should still suffice, correct?

    You’re allowed to purchase cannabis from a MEDICAL cannabis retailer if you have a valid MMID. There are two types of licenses: Adult Use–designated as license type A, and Medical Use–designated as license type M.

     

    A retailer can have both an M-type license and an A-type license. They’re required to apply for both in order to sell both. If they have the two licenses, then they can sell to those between 18 and 21 years old with an MMIC also.

     

    Come January, will out-of-state patients still be able to use their rec for delivery?

    To be honest, they never really could. Prop 215’s stated intent and purpose is to “ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes.” If people who genuinely live in other states have been using California physician’s recommendations for delivery, they simply haven’t been challenged on the point yet.

     

    You can find a discussion in this article with one of Prop 215’s original proponents arguing the point. He said that the California Supreme Court ignored Prop 215’s intents and purposes in the Riverside decision. So, he argues this means we can ignore the word “Californian” when considering protections for out-of-state patients under the same reasoning.  

     

    On re-reading the court’s decision, it seems that they were only making a narrow interpretation of Prop 215’s intents and purposes, not discounting them altogether. This logic has likely not yet been addressed by a court. It’d be inadvisable to provide a patient MMJ who says he/she lives out-of-state based on the logic.

     

    Are out-of-state patients able to acquire a MMIC from California?

    No. They may be able to get a physician’s recommendation from those willing to challenge the legal point, but that recommendation can’t be used to get a state ID card; they must produce proof of their county of residence in California according to Health & Safety Sec. 11362.715 (a)(1) to get a state-issued MMIC. That ‘s been a requirement for a long time.

     

    Will my passport and rental agreement work?

    It doesn’t say in the law that proof of residency has to be a state ID. The law says: “(1) The name of the person and proof of his or her residency within the county” and “(5) A government-issued photo identification card of the person.” So, a utility bill or something similar should do; it’s hard to imagine a scenario where a rental agreement wouldn’t suffice. Of course, it’s up to the county that issues the ID’s.

     

    I hear it’ll be much harder to get a medical recommendation in 2018; is that true?

    Maybe a little. There are definitely new restrictions on doctors now, but most of those were actually introduced by the MMRSA in 2015, not Prop 64. One of the things that they disallowed was doctors who receive remunerations or compensation from collectives to provide MMJ recommendations.

     

    Another is that the recommending doctor must be the patient’s attending physician. Prop 64 cemented these new restrictions by including their enforcement in the intents and purposes and body of the initiative.

     

    So if you get a card, what’s the use when cannabis is legal? Is there a discount or something? Is my weed cheaper if I have an MMID in 2018?

    Yes and no. Sec. 34011(g) of Part 14.5 of the Revenue and Taxation Code says,

     

    “The sales and use tax imposed by Part 1 of this division shall not apply to retail sales of medical cannabis, […] when a qualified patient (or primary caregiver for a qualified patient) provides his or her card issued under Section 11362.71 of the Health and Safety Code and a valid government- issued identification card.”

     

    But they’ve been attempting to tighten up restrictions for what constitutes a valid recommendation and MMIC. Just showing your doctor’s rec won’t avoid the tax. Only obtaining the state-issued card from your county after getting your doctor’s rec will do it. Counties have specific instructions from the state as to qualifications for the official card.

     

    This leads to another important point. Anyone just acting like a qualified patient, or a patient provider, is still protected from criminal prosecution under Prop 215. However, they aren’t afforded protection from paying the taxes, nor are they protected from charges of tax evasion for selling cannabis without a state license.

     

    It’s extremely likely that THIS is where they’re going to get charges to stick on patient providers that they feel are operating outside the limited protections of Prop 215. It’s another good reason to get a valid physician’s recommendation and the state-issued card.

     

    The state-issued card also adds another layer of protection from arrest. The Medical Marijuana Policy states that an identification card holder won’t be subject to arrest for possession, transportation, delivery, or cultivation of medical marijuana within the amounts specified by the statute–except if it’s believed the card is false or invalid or the holder. (§ 11362.71, subd. (e); see § 11362.77, subd. (a).)

     

    What’ll be the difference between a dispensary that has a medicinal license vs recreational?

    Price, and who they can sell it to. The taxation rules for recreational cannabis don’t apply to buyers with a state-issued MMID. Medical providers can also sell to those between 18 and 21 years old with an MMID. Adult providers can’t.

     

    There’ll also be more medical cannabis establishments throughout the state because counties are less likely to ban medical dispensaries than recreational.

     

    Where does the 15% excise tax go?

    The money collected for this mandatory tax is not part of the general fund. It’s been specifically allocated by Prop 64. Some is going to universities to study the impact of Prop 64’s implementation and assess whether legalization of cannabis affects use of other drugs and/or alcohol. Some is going to the highway department to figure out how to test for impairment.

     

    Funds are also allocated to:

    • Administer a community re-investments grants program to local health departments job placement.
    • Mental health treatment.
    • Substance use disorder treatment.
    • System navigation services.
    • Legal services to address barriers to reentry.
    • Linkages to medical care for communities disproportionately affected by past federal and state drug policies.

     

    Some of the money is even being allocated to advance major research efforts into the efficacy of, and possible adverse effects of cannabis use. The results of these studies will give the federal government the information it needs to address the issue of rescheduling on a nationwide basis.

     

    Can employers still fire me for testing positive for cannabis on drug tests?

    Definitely. You have very little in the way of rights as a California MMJ patient. Furthermore, Prop 64 implicitly spells out the right of employers to fire people who don’t comply with their drug use policies–even if it isn’t on the job and the drug use is in their own private time for medicinal reasons.

     

    A Massachusetts MMJ patient who was fired for testing positive for cannabis recently was given the right to proceed with a discrimination claim. The court ruled that “marijuana used for medicinal purposes is just as lawful as other medications used by employees and should be treated as such.”

     

    He or she probably could’ve sued on the point and eventually won too, but not now that Prop 64 has been voted in by the people. The language in Prop 64 protects the rights of companies to ban medical cannabis in the workplace. And since the California Constitution requires courts to consider laws enacted by the people as the highest form of law next to the Constitution itself, it’s going to take a constitutional rights case to correct the situation.

     

    That’s going to be a tough one because California courts have often ruled for private rights of businesses over Constitutional rights whenever they could see the wiggle room to do so.

     

    Does having a card affect gun rights?

    In an appeals court decision that reminds most Americans of concepts like pre-crime and movies like Minority Report, the Fourth Circuit argued that “Government need not prove a causal link between drug use and violence,” and the 9th Circuit bought it.

     

    They then concluded that it was not a violation of Constitutional rights to deny the right for marijuana users to bear arms because drug users were more likely to engage in irrational behavior. Seriously. They actually said that. The argument is by no means finished, but for now, guns can be denied to citizens with MMIDs.

     

    Meanwhile, those who have already been issued cards authorizing their use of gun have been issued letters in some states demanding that they voluntarily surrender their firearms. But the attempts to confiscate these firearms have failed. They have also been conducted in such a way that medical privacy rights can easily be violated, with some states sending out easily-recognizable blanket notices to the effect.

     

    Since the cost of a NuggMD card renewal ($49) is the same as a new doctor’s recommendation, what disadvantage would there be in letting my current recommendation lapse, then get a new one in a few months–if I still need one?

    Simply having a doctor’s recommendation carries an added layer of protection that recreational users don’t have–Prop 215. And because of the court decision People vs. Kelly, they can possess and cultivate as is medically necessary. Also, if you are a patient under 21 years of age, you’ll be subject to criminal charges for possessing ANY amount of cannabis.

     

    If the amount you need for medical use falls well below what is allowed for adult use, that there isn’t really a disadvantage since the Federal courts don’t allow a medical defense. Most patients, however, do tend to need much more than what is allowed for recreational use because they eat cannabis more often than they smoke it.

     

    So, the answer depends on these questions: Are you a patient under 21 years of age? Does your doctor think you need more than the state-allowed amount for recreational? If your answer is yes to either of these questions, then there is a serious disadvantage to letting your doctor’s recommendation lapse.

     

    Does my state-issued card become inactive once the recommendation expires?

    Counties are simply required to ensure that the recommendation is still valid per Business and Professions Code 2525 when they issue an MMID. As for how long a county MMID is good for, you’ll find the answer in Health and Safety Code: 11362.745  

     

    (a)  An identification card shall be valid for a period of one year.

    (b)  Upon annual renewal of an identification card, the county health department or its designee shall verify all new information and may verify any other information that has not changed (in other words, that the current rec isn’t expired.

     

    This means that as long as your doctor’s recommendation is good, then when they issue your MMID, it’s good for one year, period.  You’ll need to get it renewed before you go in to renew your MMID next time of course.

     

    I hear the state is not going to allow collectives anymore. Is this true?

    On 1/9/18, the one year notice was issued by the Bureau, stating that the clock is ticking on Health and Safety Code 11362.775. This law is written as an exception from prosecution for collectives currently operating under SB 420.  It’s set to expire exactly one year after the notice is issued by the Bureau that they have begun issuing licenses.

     

    However, it’s argued that collectives operate under the constitutional freedom of association, not under a privilege offered by state legal codes. In other words, it’s as if the legislature wrote the law to grant a right that already existed, simply to establish the power to revoke the pre-existing right after the law expired. Therefore, instant litigation is likely once the deadline has expired in January next year.

     

    Further Reading

    If you’d like to stay on top of all these head-scratching changes and additions, read the following articles and be prepared for 2018.

     

    1. How to Get a Medical Marijuana Card in 2018
    2. The Always Updated Guide to California Cannabis Regulations by County in 2018
    3. 2018 Brings New Challenges to the Federal Government’s Cannabis Law
    4. Jeff Sessions Rescinds Cole Memo
  • The Always Updated Guide to California Cannabis Regulations by County in 2019

    7 Comments

    Disclaimer: This list of county regulations and recent legislation is provided for informational purposes only. It’s not intended as a substitute for advice from a qualified attorney. The regulations in California’s municipalities are literally changing on a daily basis, so this publication takes no responsibility for outdated information. All information should be verified. Additionally, this isn’t a comprehensive list of all legislation in California. This is only a broad overview of county legislation and only limited city information is included. All readers are urged to contact their local government to obtain their most recent local regulations. Those who are planning on opening commercial businesses, medical collectives or conducting personal cultivation are strongly advised to seek the direction of a qualified attorney.

     

    Confused about where to find your local cannabis regulations? You’re not alone. Figuring out where legislation will land in California’s 58 counties and 482 municipalities is likely going to take all year.

    This article is a start to the effort and will be updated as legislation continues to develop and city regulations are added. If you have links to local regulations that you can provide or corrections to suggest, your input will be greatly appreciated.

    if you’re interested in a medical marijuana certification, visit our medical page NuggMD to get started right now.

    You can email suggestions and corrections to debbie@getnugg.com. I thank you ahead of time for your input.

     

  •  

    Alameda County

     

    Can I Purchase Cannabis from a Dispensary?

    Alameda County is now allowing both recreational and medical dispensaries.  The vote to expand access to cannabis took place on May 8, 2018. The new regulations haven’t been added to their online municipal code yet, but you can review the county’s announcements here

     

    Can I Get Delivery?

    Alameda County now allows both recreational and medical marijuana delivery. 

     

    What Are the Rules for Growing My Own?

    The county is continuing with its pilot program for commercial medical and recreational marijuana cultivation. The ordinance in control of the program doesn’t cover recreational growing or the medical growing in a 100 square feet allowed under state law.

     

    These ordinances are still being developed and not entirely clear yet, so when in doubt, give them a call and ask.

     

    Taxes

    The county has not instituted taxes yet, but a plan is being developed and will likely be put to a vote in the near future.

     

    County Contacts

    Community Development Agency

    224 W. Winton Ave., Room 110

    Hayward, CA 94544

    Phone: (510) 670-5333

    Fax: (510) 670-6374

    Planning Department

    224 W. Winton, Room 111

    Hayward, CA 94544

    Phone: (510) 670-5400

    Fax: (510) 785-8793

    MMID Contact

    Alameda County Public Health Department

    1000 Broadway, Suite 500

    Oakland, CA 94607

    Phone: (510) 268-2977

    eFax: (510) 268-7657

    Contact: Sandy Adams

    Email: sandy.dykes@acgov.org

    Note: By Appointment Only

    Last updated July 2018

     

    Alpine County

     

    Section 7.04.030, prohibited activities, states:

     

    Commercial marijuana cultivation, marijuana processing and marijuana dispensaries shall be prohibited activities in the county, except where the county is preempted by federal or state law from enacting a prohibition on any such activity. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the activities of marijuana cultivation, marijuana processing, marijuana delivery, or the establishment or operation of a marijuana dispensary in the county, and no person shall otherwise establish or conduct such activities in the county, except where the county is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought. (Ord. 716 § 2 (part), 2016)

     

    Can I Purchase Cannabis from a Dispensary?

    No. The county banned commercial cannabis activity as soon as the passage of 2015’s MMRSA allowed for it, and they show no signs of letting up.

     

    Can I Get Delivery?

    Definitely not. Delivery used to be an effective workaround for counties where dispensaries are banned. However, Prop 64 allows for the banning of local deliveries.

     

    What Are the Rules for Growing My Own?

    The county has not yet updated its ordinances to reflect the changes in state law, but recreational cultivation appears to be indoor only.

     

    County Contacts

    Community Development

    50 Diamond Valley Rd.

    Markleeville, CA 96120

    Phone: (530) 694-2140

    Fax: (530) 694-2149

    MMIC Contact

    Alpine County

    By appointment only, call (530) 694-2146

    Business Hours:

    Monday, 1pm – 4:30pm

    Wednesday, 1pm – 4:30pm

    Friday, 1pm – 4:30pm

    Last updated July 2018

     

    Amador County

     

    Can I Purchase Cannabis from a Dispensary?

    Dispensaries are banned in Amador County.

     

    Can I Get Delivery?

    Delivery isn’t mentioned in their code of ordinances at all. It’s simply banned under the blanket term, “marijuana cultivation and related activities.”

     

    What Are the Rules for Growing My Own?

    Cultivation is banned both indoors and outside, though a qualified patient or caregiver is exempt. Furthermore, caregivers are limited to no more than 12 plants, no matter the number of qualified patients they care for.

     

    They do allow medical patients to use outdoor cultivation, as long as the site is at least 50 feet away from the nearest property line. The plot must also be at least 100 feet away from the nearest dwelling structure and not publicly visible. You can read the specific cultivation rules here.

     

    County Contacts

    Planning Department

    810 Court St.

    Jackson, CA 95642

    (209) 223-6380

    MMIC Program

    Amador County

    By appointment only, call (209) 223-6407

    Business Hours:

    Thursday 1pm – 4pm

    Last updated July 2018

     

    Butte County

     

    Butte county is still banning commercial cannabis. 

     

    Can I Purchase Cannabis from a Dispensary?

    No. At the moment, Butte doesn’t allow any dispensaries.

     

    Can I Get Delivery?

    Both recreational and medical deliveries are legal in Butte County, but recreational marijuana deliveries must originate from outside of the unincorporated county area since all other adult-use licenses are prohibited in the county.

     

    What Are the Rules for Growing My Own?

    For personal adult-use cultivation, residents are limited to no more than six plants per residence.

     

    For personal medical cultivation, the rules are a little more complicated. On small parcels, you‘re only allowed to grow on 50 square feet. If your parcel is less than half an acre, the grow must be inside a building no larger than 120 square feet. It must be on the same property as, but separate from, the primary residence. There are other requirements listed in the code.

     

    All grows on land over half an acre may be outdoors, so long as they’re shielded from public view. The largest cultivation area allowed is 150 square feet, and any growth over 50 square feet requires two or more recommendations. You can read more about cultivation requirements here.

     

    County Contacts

    Development Services

    Phone: (530) 538-7601

    Fax: (530) 538-7785

    Appointments

    Building: (530) 538-7601

    Planning: (530) 538-5359

    Code Enforcement: (530) 538-6000

    MMIC Contact

    Cathy A. Raevsky, Director

    Andy Miller, M.D., Health Officer

    Vital Records Office

    202 Mira Loma Drive

    Oroville, California 95965

    Phone: 530.538.7700

    buttecounty.net/publichealth

     

    Activist Organizations

    Last updated July 2018

     

    Calaveras County

     

    Calaveras County chose to ban all commercial cannabis activity with the exception of medical dispensaries on January 10, 2018. 

     

    *Update: The Calaveras Cannabis Legal Defense Fund filed an injunction attempting to stop Calaveras County’s enforcement of the ban. This injunction was denied on June 15, 2018. The county is now enlisting help from the National Guard to enter private property and enforce their ban. This crackdown includes those farmers who paid millions in taxes and fees to become compliant with the county’s former legal commercial cultivation ordinance. Several people have been arrested as a result of this enforcement effort.

     

    Can I Purchase Cannabis from a Dispensary?

    Medical dispensaries are currently allowed in very limited amounts.

     

    What Are the Rules for Cultivating My Own?

    All cultivation is now limited to six plants, no matter whether for medical use or recreational use, and must be indoor. You can read more about the new cultivation rules here. They are much more restrictive than they used to be, so it is a very good idea to become familiar with them.

     

    County Contacts

    Calaveras County Cannabis Site

    Calaveras County Administration

    Address: 891 Mountain Ranch Rd, San Andreas, CA 95249

    Hours: Closed ⋅ Opens 8AM Fri

    Phone: (209) 754-6025

    MMIC Program

    By appointment only: Calaveras County  (209) 754-6460

     

    Activist Organizations

    Last updated July 2018

     

    Colusa County

     

    Colusa County is under a complete ban of all cannabis activity that can legally be banned. This means that residents are limited to the state maximum of six plants, and there will be no dispensaries or deliveries allowed.

     

    What Are the Rules for Growing My Own?

    The county has extremely strict and expensive rules for personal cultivation. All cultivation must be indoors in an accessory structure on the cultivator’s permanent residence. The cultivator must have electrical and plumbing permits, even if it is under 120 square feet.

     

    Additionally, the county reserves the right to require anything else they deem necessary and inspect the structure before cultivation may begin. You can read the specific cultivation rules here.

     

    County Contacts

    Planning Department

    220 12th St.

    Colusa, CA  95932

    Phone: (530) 458-0480

    Fax: (530) 458-0482

    MMIC Contact

    Colusa County does not participate in the MMIC program.

    Last updated July 2018

     

    Contra Costa County

     

    Contra Costa’s has a total ban on all commercial cannabis activity, whether medical or adult use, and any outdoor growing.

     

    What Are the Rules for Growing My Own?

    Six plants or less may be grown inside only a private residence or an accessory structure to a private residence so long as it’s properly permitted for all electrical, plumbing and any other required permits.

     

    County Contacts

    Ruben Hernandez, Current Planning Principal Planner

    30 Muir Rd.

    Martinez, CA 94553

    Phone: (925) 674-7785

    Fax: (925) 674-7258

    MMIC Contact

    Contra Costa Health Services

    By appointment only, call (925) 313-1126

     

    County Activist Organizations

    Last updated July 2018

     

    Del Norte County

     

    Del Norte County has enacted a temporary ban on commercial cannabis activity intended to maintain their status quo until they can “come up with something better.” They actually had some of the most reasonable explanations for their decision, citing uncontrolled real estate speculation as their main concern.

     

    It’s true that other counties are seeing sudden rises in property prices in those considering more permissive ordinances. The ban will be revisited in 2018, with local activists optimistic that an ordinance with commercial rights will eventually be adopted.

     

    Can I Purchase Cannabis from a Dispensary or Delivery?

    There may be a dispensary that still operates under Prop 215 rules, but any dispensaries would be operating in a very nebulous gray area. Since the code is very vague regarding activity allowed under Prop 215, some may consider challenging the commercial framework.

     

    What Are the Rules for Growing My Own?

    The county code doesn’t currently specify whether personal grows can be conducted indoors or outdoors.

     

    County Contacts

    Community Development Department

    981 H Street, Suite 110

    Crescent City, CA 95531

    Phone: (707) 464-7254

    Fax: (707) 465-0340

    MMIC Contact

    Department of Health & Social Services

    880 Northcrest Drive

    Crescent City, CA  95531

    (707) 464-3191

    Business Hours: Monday – Friday, 8am – 12pm; 1pm – 5pm

    Last updated July 2018

     

    El Dorado County

     

    El Dorado County adopted a temporary ban of all commercial cannabis activity while they consider establishing commercial activity rules. To this effect, they’ve established the Cannabis Advisory Committee. They have until Dec. 12, 2019 before they must make a final decision about their cannabis regulations. 

     

    Can I Purchase Cannabis from a Dispensary or Get Delivery?

    According to the Mountain Democrat, “The ban does not impact medical cannabis dispensaries ability to operate as previously permitted under county Ordinance 4999; however, it does affect local growers who provide products to those dispensaries.” So, you’ll still have some access to cannabis with your MMIC for a while.

     

    What Are the Rules for Growing My Own?

    El Dorado County still operates under a nuisance ordinance for medical cultivation. They allow up to 200 square feet of medical cultivation in certain residential zones and up to 600 square feet in agriculturally zoned areas. Personal medical cultivation can take place outdoors in some zones, but all adult-use cultivation (up to 6 plants only) must take place indoors. If you have a medical card, and you want to see if your property qualifies for outdoor cultivation and how many square feet you can cultivate, check with the planning department first.

     

    County Contacts

    El Dorado County Planning Services

    MMIC Contact

    Department of Public Health Emergency Medical Services Agency

    2900 Fair Lane Court

    Placerville, CA  95667

    (530) 621-6500

    Business Hours: 8am – 5pm

    By Appointment Only

    Last updated July 2018

     

    Fresno County

     

    Fresno County has a decidedly hostile attitude toward medical cannabis, and it hasn’t gotten much better with the passage of Prop 64.

     

    Can I Purchase Cannabis from a Dispensary or Get Delivery?

    Dispensaries are explicitly banned in Fresno County. Dispensaries may still operate under Prop 215 rules, but enforcement is particularly harsh. Fresno city decided to allow state licensed medical cannabis businesses on Dec. 16.

     

    What Are the Rules for Growing My Own?

    You’re limited to the maximum six allowed by state law indoors only. The City of Fresno was considering limiting indoor medical marijuana cultivation further by establishing a definite cap on the state allowed six plants and wattage limits for indoor growers. However, this ordinance didn’t pass and the city council is currently back at the drawing board.

     

    The county has openly pushed for bans like this in its cities, and many are choosing to ban up to the extent allowable by law along with the county. We were unable to find specific ordinances dictating limitations of building structures or codes for indoor cultivation–only language for an outright ban.

     

    County Contacts

    Fresno County Planning Department

    MMIC Contact

    Fresno County Health Department

    1221 Fulton Mall, 1st Floor

    Fresno, CA 93721

    (559) 600-3434

    By Appointment only

    Tuesday 8:00 am – 12:00 pm

    Thursday 12:30 pm – 4:30pm

    County Activists

    Fresno Cannabis Association

    Last updated July 2018

     

    Glenn County

     

    All commercial cannabis activity is banned in Glenn County, including dispensaries and deliveries.

     

    What Are the Rules for Growing My Own?

    Residents are allowed only to grow the state-allowed maximum of six plants indoors in a structure that complies with all building codes and required permits.

     

    County Contacts

    Planning Department

    777 N. Colusa Street

    Willows, CA 95988

    Phone: (530) 934-6540

    Fax: (530) 934-6533

    planning@countyofglenn.net

    MMIC Contact

    Health Service Agency

    240 N. Villa Ave

    Willows, CA 95988

    (530) 934-6588

    By Appointment Only

    Last updated July 2018

     

    Humboldt County

     

    Humboldt County allows all commercial cannabis activity and has some of the most progressive cannabis policies in the state.

     

    Can I Purchase Cannabis from a Dispensary?

    Both medical and adult-use dispensaries are allowed in the county.

     

    Can I Get Delivery?

    Absolutely.

     

    What Are the Rules for Growing My Own?

    The county has specific, fairly permissive rules for outdoor personal grows depending on parcel size and location, so look up the rules for your property here.

     

    County Contacts

    Cannabis Services Division

    MMIC Contact

    Department of Public Health

    529 I Street

    Eureka, CA 95501

    (707) 445-6200

    Monday – Friday, 8am – 5pm

    County Activist Organizations

    Last updated July 2018

     

    Imperial County

     

    Can I Purchase From A Dispensary Or Delivery?

    Imperial County now allows both adult-use and medical deliveries and dispensaries. You can read their new cannabis ordinance here.

     

    What Are The Rules For Growing My Own?

    Personal cultivation is to take place indoor in residential zones only. The growing area can’t exceed 100 sq ft, and lighting is limited to no more than 50 amps. You can read the rest of the personal cultivation regulations here on page 2.

     

    County Contacts

    Imperial County Planning Department

    MMIC Contact

    Department of Public Health

    935 Broadway

    El Centro, CA 92243

    (442) 265-1444

    Monday – Friday, 9am – 12pm; 1pm – 4pm

    Last updated July 2018

     

    Inyo County

     

    The Board voted on January 16, 2018 to adopt three ordinances that allow and regulate commercial cannabis activities. They became effective on February 16, 2018.

     

    County Contacts

    Michael Draper, Associate Planner: Inyo County Planning Department

    (760) 878-0265

    inyoplanning@inyocounty.us

    MMIC Contact

    Health and Human Services

    207 A W. South Street

    Bishop, CA 95314

    (760) 873-7868

    By Appointment Only

     

    County Activist Organizations

    Inyo County Cannabis Alliance

    Last updated July 2018

     

    Kern County

     

    In October, Kern County voted to ban all commercial cannabis activity, including cultivation. This ban applies to both recreational and commercial activity. The 28 legal MMJ dispensaries in the county will have up to a year to continue operating; they’ll even be issued temporary licenses to operate by the county and the state.

     

    Update: Kern Citizens For Patients Rights has qualified a ballot initiative  that would allow commercial medical cannabis activity in the county. There is already an initiative on the ballot in Bakersfield that will allow commercial cannabis activity there. The Bakersfield initiative was qualified by KCPR as well.  So your cannabis vote in Kern County is vital this November.

     

    Can I Purchase Cannabis from a Dispensary or Delivery?

    For a limited time, you’ll still be able to access cannabis through the medical program, but don’t expect Kern County to play nice with the remaining facilities.

     

    What Are the Rules for Growing My Own?

    Outdoor growing is strictly forbidden. Patients and recreational users can grow up to their allowed six plants inside only.

     

    County Contacts

    Shawn Beyeler

    Supervising Planner

    BeyelerS@kerncounty.com

    Suzanne Hansen

    Planner

    HansenS@kerncounty.com

    MMIC Contact

    Department of Public Health

    1800 Mount Vernon Avenue

    Bakersfield, CA 93306

    (661) 321-3000

    Monday – Friday, 8am – 5pm

     

    County Activist Organizations

    Kern Citizens for Patient Rights

    Last updated July 2018

     

    Kings County

     

    Kings County makes it explicitly clear that they’re banning every single use of cannabis to the full extent allowed by law. They even go to the point of confining smoking only to:

     

    “a fully enclosed area of a private residence with the knowledge and consent of the person legally in possession thereof, and in a manner that is not in plain view from outside the residence, with no one present who is under the age of 21 or otherwise who does not consent to the smoking, ingesting, or consumption…”

     

    Of course, they fail to make exceptions for a person under 21 who possesses an MMID. Hanford will allow cannabis business cultivation, but dispensaries are still outlawed.

     

    Can I Purchase Cannabis from a Dispensary or Get Delivery?

    Both dispensaries and delivery are explicitly outlawed in Kings County.

     

    What Are the Rules for Growing My Own?

    Growing area for cultivation is limited to a ridiculously small 32 feet, no matter how many people are cultivating at the residence, and is limited to a single area. Cultivation must be indoors, in a secure area, inside a primary residence or a detached building at the primary residence.

     

    County Contacts

    Indoor Cultivation Registration

    MMIC Contacts

    Department of Public Health – Vital Statistics

    330 Campus Drive

    Hanford, CA 93230

    (559) 582-3211

    Monday-Friday, 8am – 4pm

    Last updated July 2018

     

    Lake County

     

    Lake County is currently in the process of developing an ordinance to allow medical cultivation and collectives. However, the ordinance hasn’t been fully implemented. At the moment, the county only allows certifications which permit the state licensing process to continue while they assess the impact of recent laws.

     

    Can I Purchase Cannabis from a Dispensary?

    You can still purchase medical cannabis from a dispensary, but not recreational.

     

    Can I Get Delivery?

    You’ll still be able to get medical delivery in the county.

     

    What Are the Rules for Growing My Own?

    Don’t expect to grow outdoors in the Community Growth Boundaries or in residential areas on parcels less than an acre. Residents can grow up to six mature plants or 12 immature plants per patient, but only on property where the grower or a qualified patient (for collective use) resides. You can read the current ordinance here.

     

    County Contacts

    Code Enforcement

    Robert Massarelli, Director

    255 N. Forbes Street

    Third Floor, Rm 323

    Lakeport, CA 95453

    Phone: (707) 263-2309

    Fax: (707) 263-2225

    MMIC Contact

    Health Services Department

    922 Bevins Court

    Lakeport, CA 95453

    (707) 263-1090

    Tuesday, 10am – 12pm

    Thursday, 10am – 12pm

    County Activist Organizations

    Last updated July 2018

     

    Lassen County

     

    Can I Purchase Cannabis from a Dispensary or Delivery Service?

    Both commercial and non-commercial services are forbidden in Lassen County, with the exception of recreational and non-commercial medical cultivation.

     

    What Are the Rules for Growing My Own?

    Recreational cultivation is limited to six plants and must be grown indoors in an area that isn’t accessible to minors.

     

    However, the county does allow cultivation of medical marijuana cannabis outdoors. Qualified patients and their caregivers are limited to a 250 square foot area and cultivation cannot be within 1,000 feet of the typical sensitive use areas. Outdoor medical cultivation is also limited to parcels larger than one acre. You can read more about their cultivation rules here.

     

    County Contacts

    Planning Department

    707 Nevada St Ste 5,

    Susanville, CA 96130

    Phone: (530) 251-8269

    MMID Contact

    Lassen County Public Health

    1445 Paul Bunyan Road

    Susanville, CA 96130

    (530) 251-8183

    Tuesday, 1pm – 4pm

    Last updated July 2018

     

    Los Angeles County

     

    Los Angeles County’s Office of Cannabis Management is planning on allowing commercial cannabis activity, but it’s going to take a while to develop regulations.

     

    Update: Los Angeles County still hasn’t developed a comprehensive set of regulations to allow commercial cannabis activity. In fact, at their June 19, 2018 Board meeting, they developed a plan of attack to shut down the lingering unlicensed facilities in the county. You can watch the recorded proceedings here.

     

    Can I Purchase Cannabis from a Dispensary or Get Delivery?

    Los Angeles County currently bans all medical and non-medical cannabis businesses. The ban won’t be lifted until their comprehensive regulation framework is adopted. You can read answers to FAQs here at their Office of Cannabis Management website.

     

    L.A. city allows both recreational and adult use dispensaries.

     

    What Are the Rules for Growing My Own?

    Residents can grow indoors or outdoors at single-family residences. No more than six plants are allowed, whether for personal or medical cultivation. Additionally:

     

    • No outdoor cultivation is permitted within 600 feet of a library, park, school, daycare center or youth center.
    • Outdoor cultivation is not permitted within a front yard, or within 10 feet of any property line.
    • Cultivation areas must be surrounded by an opaque fence or wall at least six feet high.
    • Plants may not exceed six feet in height.

     

    You can learn more about personal cultivation rules here.

     

    County Contacts

    Office of Cannabis Management

    MMID Contact

    L.A. County Department of Public Health

    Environmental Health

    5050 Commerce Drive

    Baldwin Park, CA 91706

    Phone: (866) 621-2204

    Monday – Friday, 8am – 4:30pm

     

    County Activist Organizations

    Last updated July 2018

     

    Madera County

     

    Madera County is among the many that choose to prohibit commercial cannabis. Their recent proposed ordinance update in November is continuing the ban.

     

    Can I Purchase Cannabis from a Dispensary or Delivery Service?

    Both recreational and medical commercial cannabis businesses are prohibited, although the county’s ordinance does allow medical collectives compliant with SB420 rules.

     

    What Are the Rules for Growing My Own?

    Cultivation must be indoors either in a room in the house that’s no larger than 120 square feet, or in an area no larger than 120 square feet in a separate building. There’s no growing in commercial or industrial zones, and the cultivation location must be where the grower or provider resides.

     

    The county also prohibits cultivation within 2,000 feet of a church, school or other public building. You can read more about the cultivation rules here.

     

    County Contacts

    Planning Department

    200 W. 4th St. Suite 3100

    Madera, CA 93637

    Phone: (559) 675-7821

    Fax: (559) 675-6573

    MMIC Contact

    County Public Health Department

    14215 Road 28

    Madera, CA  93638

    (559) 675-7893

    Mondays, 8:30 am – 11:30 am

    Last updated July 2018

     

    Marin County

     

    Marin County bans any cannabis business that would require a state license under the AUMA, except for medical delivery.

     

    Can I Purchase Cannabis from a Dispensary or Delivery Service?

     The county passed a delivery-only ordinanceapproving up to four commercial medical delivery-only services. 

     

    What Are the Rules for Growing My Own?

    Marin expressly prohibits outdoor cultivation for both medical and recreational use.  And it’s a bad idea to grow GMO cannabis because it’s banned. They are still updating their regulations, so it’s probably best to contact the county for instructions before you set up any indoor cultivation for your allowed six plants. To find out more, you can contact their Program Manager, Inge Lundegaard at 415-473-7023. It is highly advised that you discuss your plans with them before you start as their ordinances impose misdemeanor penalties for some violations. 

     

    County Contacts

    MMIC Contact

    Department of Health & Human Services

    Office of Vital Records

    10 North San Pedro Road, Room 1014

    San Rafael, CA 94903

    (415) 473-3288

    Monday – Friday, 9am – 12pm; 1pm – 4pm

     

    County Activist Organizations

    Last updated July 2018

     

    Mariposa County

     

    Mariposa County prohibits “any activity and use within Mariposa County for which a license is required pursuant to CA Business and Professions Code Division 10, as it may be amended, including: commercial or not-for-profit cultivation, processing, manufacture, wholesale or
    retail sale, and public consumption of marijuana or derivative products (Ordinance 2017-1129 and Resolution 17-678)”

     

    What Are the Rules for Growing My Own?

    Mariposa County allows you to grow your six state-allowed plants for recreational use either indoors or outside, so long as the area isn’t publicly visible.

     

    They also have a fairly permissive policy compared to other counties for outdoor medical cultivation under the Compassionate Use Act. Up to 24 plants can be grown on a single parcel outdoors if two patients reside there. They even allow setback waivers if existing setbacks would pose a hardship for patients. There are some additional limits which you can read about here.

     

    County Contacts

    Planning Department

    5100 Bullion St # 1

    Mariposa, CA 95338

    (209) 966-5151

    MMIC Contact

    Mariposa County Health Department

    5085 Bullion Street

    Mariposa, CA 95338

    (209) 966-3689

    Monday – Friday, 8am – 5pm and Thursday, by appointment only

    Last updated July 2018

     

    Mendocino County

     

    Mendocino County has completed their commercial cultivation ordinances, but they are still working on the ordinances that will allow other commercial cannabis activity.

     

    What Are the Rules for Growing My Own?

    Personal adult-use cultivation must now take place indoors on parcels less than ten acres, and is limited to six plants. 

    A patient cultivation site is limited to 100 square feet per patient, with a maximum of two patients per caregiver. You can read about the additional restrictions for personal cultivation and medical cultivation here.

     

    County Contacts

    MMIC Contact

    Department of Public Health

    1120 South Dora Street

    Ukiah, CA  95482

    (707) 472-2784

    Tuesday, 2pm – 6pm

    Thursday, by appointment only

    Last updated July 2018

     

    Merced County

     

    Merced County bans all commercial cannabis activity; however, the city of Merced itself allows all commercial activity, and since the unincorporated county allows deliveries into the unincorporated areas, access isn’t too limited.

     

    Can I Purchase Cannabis from a Dispensary?

    Dispensaries are banned.

     

    Can I Get Delivery?

    Merced county is allowing delivery of medical cannabis so long as the delivery service is state licensed outside of the county and registers with the sheriff first.

     

    What Are the Rules for Growing My Own?

    Merced county used to allow cultivation outdoors, but recently moved all cultivation indoors and limited personal medical grows to six plants. They rescinded outdoor growing at the urging of their sheriff, citing concerns over increased criminal activity.

     

    There are additional restrictions on personal cultivation you should read about here before beginning grow. Personal medical grows have been severely restricted from their previous ordinance.

     

    County Contacts

    Planning Department

    2222 M St.

    Merced, CA 95340

    (209) 385-7654

    MMIC Contact

    Department of Public Health

    260 East 15th Street

    Merced, CA  95340

    (209) 381-1015

    Los Banos: Tuesday, 1pm – 4pm

    Merced: Wednesday, 9am – 4pm

    Last updated July 2018

     

    Modoc County

     

    Modoc county bans all cannabis activity to the fullest extent of the law.

     

    What Are the Rules for Growing My Own?

    Medical cultivation is still limited to 12 plants total per patient for two patients maximum at the residence of the primary caregiver or the primary patient. Cultivation may be done indoors, but only in an accessory structure. You can read more about cultivation restrictions here. The county has not yet clarified cultivation rules for personal recreational grows.

     

    County Contacts

    Planning Department

    203 W 4th St.

    Alturas, CA 96101

    (530) 233-6406

    MMIC Contact

    Department of Public Health

    441 North Main Street

    Alturas, CA 96101

    (530) 233-6311

    Monday – Friday, 8:30am – 5pm

    By Appointment Only

    Last updated July 2018

     

    Mono County

     

    Can I Purchase Cannabis from a Dispensary?

    Yes. Both medical and recreational dispensaries are allowed. Dispensary operation hours are from 9AM to 9PM.

     

    Can I Purchase Cannabis from a Delivery Service?

    No.  “All sales and dispensing of cannabis and cannabis products shall be conducted in-person and entirely within the licensed premises of the cannabis retailer. The delivery of any cannabis or cannabis products by a licensee to a consumer
    is prohibited within the unincorporated area of the County.” You can read the dispensary regulations here on page 28.

     

    What Are the Rules for Growing My Own?

    Primary caregivers who cultivate for others are required to register with the county, but otherwise, personal cultivation refers back to state law. This means that your 6 adult use plants can be grown outdoors in an enclosed, locked area. You can read the regulations here on page 12.

     

    County Contacts

    Planning Division

    Mammoth Lakes Office

    437 Old Mammoth Rd., Ste 220 (formerly Ste P)

    P.O. Box 347

    Mammoth Lakes, CA 93546

    Phone: (760) 924-1800

    Fax: (760) 924-1801

     

    ​Bridgeport Office

    Annex 1

    ​74 N. School St.

    PO Box 8

    Bridgeport, CA 93517

    Phone: (760) 932-542

    Fax: (760) 932-5431

    MMIC Contact

    Mono County Health Department

    437 Old Mammoth Road, #Q

    Mammoth Lakes, CA 93546

    (760) 924-1830

    Monday – Friday, 9:00am – 5pm

    By Appointment Only

     

    County Activist Organizations

    Last updated July 2018

     

    Monterey County

     

    Can I Purchase Cannabis from a Dispensary or Delivery?

    Yes. Both adult use and medical dispensaries and deliveries are allowed in the county now. You can read their commercial cannabis ordinance here.

     

    What Are the Rules for Growing My Own?

    Cultivation for personal use is limited to six plants and 100 square feet. Personal medical cultivation is exempt from the county’s commercial cultivation licensing requirements so long as the cultivator receives no remuneration for the services. There are additional personal cultivation requirements that you can read here on page 28.   Outdoor cultivation is prohibited.

     

    County Contacts

    MMIC Contact

    Monterey County Health Department

    Vital Records

    1270 Natividad Road

    Salinas, CA  93906

    (831) 755-4520

    By Appointment Only

     

    County Activist Organizations

    Last updated August 2018

     

    Napa County

     

    Napa County hasn’t decided where they’ll fall on cannabis regulations. They’ve been holding a series of roundtables on the subject, but it’ll be well into next year before they even pass an ordinance covering personal cultivation.

     

    The county has a temporary moratorium banning all commercial cannabis activity while they continue to discuss the issue. Learn more about existing personal medical marijuana cultivation rules here.

     

    County Contacts

    Planning Division

    1195 Third St., 2nd Floor

    Napa, CA 94559

    Phone: (707) 253-4417

    Fax: (707) 253-4545

    MMIC CONTACT

    Department of Public Health

    2751 Napa Valley Corporate Drive, Bldg. B

    Napa, CA 94588

    (707) 253-4506

    Thursday, 2pm-4pm

    By Appointment Only

    Last updated July 2018

     

    Nevada County

     

    Can I Purchase Cannabis from a Dispensary or Delivery Service?

    Nevada County bans all commercial cannabis activity, but Nevada City has decided to allow one medical dispensary with options for more.

     

    What Are the Rules for Growing My Own?

    Nevada County’s code only allows indoor cultivation of personal recreational cannabis, and growers are limited to six plants. Stipulations include:

     

    • The six plant limit applies to each private residence, no matter how many cultivators live there.
    • Cultivation can take place inside a house, but the area must not be accessible to children.
    • If setback limits for medical cultivation in the same area would prohibit cultivation, the grower will be exempt. Otherwise, they’re required to try to adhere to the same setbacks as medical cultivation.
    • The six recreational plants cannot be added to medical plant totals.  

     

    You can read the medical cannabis cultivation rules here.

     

    County Contacts

    Planning Department

    950 Maidu Ave.

    Nevada City, CA 95959

    (530) 265-1222

    MMIC Contact

    Department of Public Health

    500 Crown Point Circle, Ste. 110

    Grass Valley, CA 95945

    (530) 265-1450

    Monday – Friday, 8am – 5pm

    By Appointment Only

     

    County Activist Organizations

    Last updated July 2018

     

    Orange County

     

    In a pretty predictable move, Orange County voted to ban commercial cannabis activity in November, 2017. The county seat of Santa Ana, however, is allowing 30 recreational shops. Most other cities in Orange County have chosen to ban as well, with the exception of Costa Mesa, which has approved research, testing, processing and manufacturing in certain areas.

     

    What Are the Rules for Growing My Own?

    Personal cultivation “shall not exceed the number of living plants permitted by California Health and Safety Code Sections 11362.1 and 11362.2. Personal cannabis cultivation is limited solely to inside a person’s private residence, or inside an accessory structure to a private residence located on the grounds of the private residence, that is fully enclosed and secure. Personal cannabis cultivation is expressly prohibited outdoors upon the grounds of any private residence or any other outdoor location within unincorporated county.” You can read their ordinance here.  

     

    County Contacts

    MMIC Contact

    Department of Health

    1200 N. Main Street #100-A

    Santa Ana, CA  92701

    (714) 480-6712

    Monday – Friday, 8am – 12pm; 1pm – 4pm

     

    County Activist Organizations

    Last updated July 2018

     

    Placer County

     

    Placer County doesn’t look like it’ll be allowing commercial cannabis activities any time soon. At the moment, all commercial cannabis activity is banned.

     

    Can I Purchase Cannabis from a Dispensary?

    Placer County doesn’t allow dispensaries, but the city of Colfax has voted to allow their sole medical marijuana dispensary to re-open.

     

    Can I Get Delivery?

    Commercial recreational activity and medical delivery are specifically  prohibited. Primary caregivers are permitted to deliver medical cannabis to their own qualified patients only.

     

    What Are the Rules for Growing My Own?

    “A maximum of six plants on no more than fifty (50) square feet in total is allowed for outdoor cultivation of non-medical cannabis per parcel with a private residence.”

     

    Basically, the code applies the same setbacks and cultivation size limitations to recreational cannabis as it does to medical use. You can read an overview of their cultivation limitations here.

     

    County Contacts

    Planning Department

    3091 County Center Dr # 140

    Auburn, CA 95603

    (530) 745-3000

    MMIC Contact

    Community Health

    11484 B Avenue

    Auburn, CA  95603

    (530) 889-7158

    Monday – Friday, 8am – 11:30am; 1pm – 4:30pm

    By Appointment Only

    Last updated July 2018

     

    Plumas County

     

    Plumas County is still working on its draft ordinance to regulate commercial cannabis activity, personal cannabis cultivation and medical cultivation. Meanwhile, the county’s still under a moratorium.

     

    Medical cultivation of up to 100 square feet is still permitted, and up to 500 square feet for patient caregivers (up to five patients). This ordinance has already been renewed and is temporary, so expect a change in the rules in 2018. You can read the full moratorium here.

     

    County Contacts

    MMIC Contact

    Public Health Agency

    270 County Hospital Road, Suite 111

    Quincy, CA 95971

    (530) 283-6330

    By Appointment Only

    Last updated July 2018

     

    Riverside County

     

    Riverside County has five cities that allow and regulate cannabis activity, but they chose to continue their moratorium until September, 2018. Exceptions are made for patients and caregivers, and all Californians are allowed to grow six plants indoors. Delivery into the unincorporated areas of the county is expressly banned as well.

     

    What Are the Rules for Growing My Own?

    Riverside County still allows indoor or outdoor cultivation of 12 plants per qualified patients, with cultivation for up to two patients per residence. Personal cultivation of six plants needs to be either indoors or in a fully enclosed, locked area.

     

    You can read a summary of the rules here and ordinance 925, which still governs personal medical cultivation here. Commercial cultivation and all other commercial activity is banned per Ordinance 348 (page 37) for now.

     

    County Contacts

    Riverside Office

    Riverside Co. Planning Department

    4080 Lemon St.

    P.O. Box 1409

    Riverside, CA 92502-1409

    (951) 955-3200

     

    Palm Desert Office

    Riverside Co. Planning Department

    77588 El Duna Ct., Suite H

    Palm Desert, CA 92211

    (760) 863-8277

    MMIC Contact

    Department of Public Health

    4065 County Circle Drive, 2nd Floor Room 207

    Riverside, CA  92503

    (888) 358-7932

    Monday – Wednesday

    7:30am to 12:00pm and 1:00pm to 3:30pm

     

    County Activist Organizations

    Last updated July 2018

     

    Sacramento County

     

    All commercial activity is still banned for now, but residents do have a unique cultivation bonus in Sacramento County. Before Prop 64 was passed, medical patients were allowed to cultivate up to 9 cannabis plants only indoors. The county has decided to keep this allowance for personal, non-medical cultivation as well.

     

    You can take a look at Sacramento County’s most frequently asked questions regarding their cannabis ordinances here.

     

    County Contacts

    Planning Department

    827 7th St.

    Sacramento, CA 95814

    (916) 874-6141

    MMIC Contact

    Department of Health and Human Services

    7001 A East Parkway, Suite 650

    Sacramento, CA 95823

    (916) 875-5345

    Wednesday, 9am – 4pm

    Friday, 9am – 4pm

    By Appointment Only

     

    County Activist Organizations

    Last updated July 2018

     

    San Benito County

     

    Can I Purchase Cannabis from a Dispensary or Delivery Service?

    All cannabis business activities are banned in San Benito County, including cannabis delivery and dispensaries. 

     

    What Are the Rules for Growing My Own?

    Residents are limited to six plants unless the register as caregivers with the county. All cannabis must be grown indoors. You can read the personal cultivation ordinance here

     

    County Contacts

    MMIC Contacts

    Department of Health & Human Services

    439 Fourth Street

    Hollister, CA  95023

    (831) 637-5367

    1st & 3rd Tuesday of the month, 1:30pm – 4pm

    Last updated July 2018

     

    San Bernardino County

     

    Adelanto may have created one of the state’s first serious commercial cannabis ordinances in Southern California, but the county itself is still banning it all. All dispensaries and deliveries are banned, including deliveries into the unincorporated parts of the county from dispensaries licensed outside of the county.

     

    What Are the Rules for Growing My Own?

    All cultivation must be indoors at the residence of the patient or provider. Indoor non-commercial medical grows are allowed up to 12 plants for one patient or a total of 24 plants for two patients.

     

    County Contacts

    MMIC Contact

    Department of Public Health

    340 North Mountain View Avenue

    San Bernardino, CA 92415

    (800) 782-4264

    Monday – Friday, 9am – 4pm

    By Appointment Only

    Last updated July 2018

     

    San Diego County

     

    San Diego County chose to ban any new medical marijuana collectives in the city that weren’t approved before April 14, 2017. The remaining facilities left open must close by 2022 if a new ordinance allowing activity has not been passed by then. The ban sparked a lawsuit by several businesses that have already invested millions of dollars to comply with the county’s previous regulations.

     

    The San Diego City Council has decided to fully embrace legalization, allowing all types of commercial cannabis activity allowed by state law. The Council’s most recent vote to allow testing, manufacturing and cultivation for recreational use passed in September.

     

    The city already has recreational businesses which have received state temporary licenses as well. So no matter what San Diego decides, you’ll have access to legal cannabis on Jan. 2, 2018, until they sell out. La Mesa and Lemon Grove are also allowing dispensaries.

     

    What Are the Rules for Growing My Own?

    San Diego County hasn’t clarified personal cultivation rules yet, but the City of San Diego limits personal cultivation to indoor only and no more than 64 square feet are allotted for six plants. CO2 is prohibited for cultivation or processing. You can read the city’s full ordinance here. Personal cultivation rules are on page 3.

     

    County Contacts

    Planning Department

    5510 Overland Ave.

    San Diego, CA 92123

    (858) 694-2960

    MMIC Contact

    Public Health Services

    3851 Rosecrans Street, Suite 802

    San Diego, CA 92110

    (619) 692-5723

    Monday – Friday, 8am – 4pm

     

    County Activist Organizations

    Last updated July 2018

     

    San Francisco County

     

    San Francisco voted on Dec. 5th, 2017 to finalize regulations allowing for recreational sales. The ordinance is 101 pages long, so it would be difficult to summarize here. You can read it at this link.

     

    Luckily, the city has a short rundown of the regulations here.

     

    Can I Buy From a Dispensary or Delivery Service?

    Yes, both adult use and recreational cannabis delivery and dispensaries are allowed in San Francisco.

     

    What Are the Rules For Growing My Own?

    “You can grow, harvest, dry, and process up to 6 cannabis plants in your home or in a locked and enclosed yard that is not visible to the public, and only if the property owner approves.”

     

    County Contacts

    MMIC Contact

    Department of Public Health

    101 Grove Street, Room 105

    San Francisco, CA  94102

    (415) 206-5555

    Monday, Wednesday, Friday Only, 1pm – 4pm

     

    County Activist Organizations

    Last updated July 2018

     

    San Joaquin County

     

    San Joaquin County still has a ban in force, but expects to have new regulations developed very soon as they overturned their ban on commercial cannabis in August. Meanwhile, County Counsel Mark Myles insists that any commercial cannabis activity conducted in the county is criminal.

     

    Update: The county has a tax measure on the November 2018 ballot and is moving forward with potential regulations. You can read these potential regulations here.  Since the regulations are still in flux and could change any day, check with  the county before you begin any new personal cannabis cultivation. You can read the potential new personal cultivation rules here. The proposed ordinance only allows six plants indoor per household and imposes a fine of $1,000 for each additional plant above six. No outdoor cultivation would be allowed. The ordinance is set for a vote on August 7, 2018, and if approved, would become effective 30 days later. 

     

    County Contacts

    Mark Myles: San Joaquin County Counsel

    (209) 486-2980

    jmyles@sjgov.org

    MMIC Contact

    San Joaquin County

    Public Health Services

    1601 E. Hazelton Avenue

    Stockton, CA  95205

    (209) 468-3404

    Monday – Friday, 8am – 5pm

    By appointment only

    Last updated July 2018

     

    San Luis Obispo County

     

    Can I Purchase Cannabis from a Dispensary or Delivery?

    Currently SLO only allows for medical and adult-use delivery (Type 9 state license). Their ordinance prohibits brick and mortar dispensaries.

     

    What Are the Rules for Growing My Own?

    “Personal Cultivation. Six cannabis plants, grown indoors, per dwelling unit, for personal use, are exempt from obtaining a land use permit.  Six cannabis plants, grown indoors, per site, by a caregiver are exempt from obtaining a land use permit. Caregivers are required to obtain a County business license. No outdoor personal or caregiver cultivation is allowed.”

     

    All others cultivation activity will be required to obtain a commercial license.

     

    County Contacts

    MMIC Contact

    Department of Public Health

    2191 Johnson Avenue

    San Luis Obispo, CA  93401

    (805) 781-5514

    Monday – Friday, 8am – 4pm

     

    County Activist Organizations

    Last updated July 2018

     

    San Mateo County

     

    San Mateo County voted to allow commercial cultivation, but their interim ordinance bans commercial cannabis dispensaries. The ordinance does not ban deliveries into the county from dispensaries licensed in other municipalities, so this provides an option for residents who wish to purchase adult use and medical cannabis without driving long distances to the nearest dispensary. 

     

    What Are the Rules for Growing My Own?

    Under the ban,

     

    “indoor planting, cultivation, harvesting, drying, or processing of marijuana plants for nonmedical use is limited to residential districts, is limited to six (6) plants per residence, and must be entirely for the personal use of a resident of the residence who is twenty-one (21) years of age or older. The County reserves the right to enact regulations regarding the indoor cultivation of marijuana at a later date.”

     

    County Contacts

    Planning Department

    455 County Center

    Redwood City, CA 94063

    (650) 363-4161

    MMIC Contact

    Health System

    Office of Vital Statistics

    225 37th Avenue, Room 11

    San Mateo, CA 94403

    (650) 573-2395

    Monday – Wednesday, 8am – 5pm

    Thursday, 8am – 4pm

    Friday, 8am – 5pm

    Last updated July 2018

     

    Santa Barbara County

     

    Can I Purchase From a Dispensary or Delivery Service?

    Santa Barbara County now allows all commercial cannabis activity, including recreational and medical dispensaries and delivery services. 

     

    What Are the Rules for Growing My Own?

    Cultivation of your six plants must take place inside a “legally established, secure dwelling or an enclosed, legally established, secure building that is accessory to a dwelling.” Only residents 21 and over can cultivate. You can view their frequently asked questions here

     

    County Contacts

    MMIC Contacts

    Department of Public Health

    345 Camino Del Remedio, Room 320

    Santa Barbara, CA  93110

    (805) 681-5150

    Monday – Friday, 9am – 11am; 1pm – 4pm

     

    County Activist Organizations

    Last updated July 2018

     

    Santa Clara County

     

    Currently, recreational and medical commercial cannabis is prohibited under a temporary ban that can be extended for up to two years. The county has a frequently asked questions page regarding ordinances. The city of San Jose allows its medical marijuana dispensaries to sell recreational marijuana, so county residents will be able to shop there instead.

     

    Can I Get Delivery?

    No. Delivery to addresses in the unincorporated county are banned. 

     

    What Are the Rules for Growing My Own?

    The county has relatively complex personal cultivation rules so you’ll need to review them thoroughly before you startIn short, the regulations allow residents to:

     

    • Grow cannabis indoors, for non-medical purposes: no more than six plants, subject to reasonable regulations. They must be grown within a single space no larger than 50 square feet in a single room or in a fully-enclosed and secure accessory structure.
    • Grow cannabis indoors, for medical purposes: a single layer of plants in a space no larger than 50 square feet, in a single room or in a fully-enclosed and secure accessory structure, subject to reasonable regulations.
    • Grow outdoors, for medical purposes: up to twelve plants, subject to reasonable regulations.

     

    County Contacts

    Planning Department

    70 W Hedding St.

    San Jose, CA 95110

    (408) 299-5770

    MMIC Contact

    Department of Public Health

    976 Lenzen Avenue, Second Floor

    San Jose, CA 95126

    (408) 792-5065

    By Appointment Only

     

    County Activist Organizations

    Last updated July 2018

     

    Santa Cruz County

     

    Can I Purchase From a Dispensary?

    Yes. Santa Cruz County allows both medical and recreational dispensaries.

     

    Can I Get Delivery?

    No. The county only allows store-front dispensaries.

     

    What Are the Rules for Growing My Own?

    A qualified patient or a person holding a valid identification card, or the designated primary caregiver of that qualified patient or person, may cultivate cannabis in an amount not to exceed more than 100 square feet of total garden canopy, as measured by the combined vegetative growth area.

    All personal adult use cannabis must be grown indoors, which can include an accessory greenhouse. You can view the personal adult-use cultivation regulations here.

     

    Taxes

    Santa Cruz County charges a 7% tax for all cannabis businesses. This will set the total retail tax for adult use at 30.5% (15% excise, 7% local and 8.5% state sales tax). Total medical retail tax will be 22% (15% excise and 7% local).

     

    County Contacts

    Planning Department

    701 Ocean St,

    Santa Cruz, CA 95060

    (831) 454-2580

    MMIC Contact

    Santa Cruz County Health Services Agency
    Medical Marijuana Program
    Santa Cruz, CA

    (831) 454-3431

    Call for appointment and directions

    Tuesday, 1pm – 4pm
    Wednesday, 1pm – 4pm

     

    County Activist Organizations

    Last updated July 2018

     

    Shasta County

     

    Shasta County prohibits all commercial cannabis activity. 

     

    Can I Get Delivery?

    Non-commercial medical delivery is allowed in the county, but commercial deliveries are prohibited.

     

    What Are the Rules for Growing My Own?

    The county has some extremely restrictive cultivation rules for medical cannabis, requiring the construction of a fully compliant accessory structure for a maximum of 12 plants. Their ordinance doesn’t address personal adult-use cultivation. 

     

    County Contacts

    Planning Department

    1855 Placer St # 103

    Redding, CA 96001

    (530) 225-5532

    MMIC Contact

    Health and Human Services

    Office of the Director

    2615 Breslauer Way

    Redding, CA 96001

    Last updated July 2018

     

    Sierra County

     

    Sierra County bans all commercial cannabis activity in the county. However, they provide a specific exemption for delivery services. Therefore, residents can order both adult-use and medical cannabis via delivery in the unincorporated areas of the county. 

     

    What Are the Rules for Growing My Own?

    Compared to other counties, Sierra County now has one of the most permissive growing ordinances in the state. It allows medical cannabis patients to grow up to 18 plants outdoors, and caregivers to grow up to 72 total for four patients. There county attempted to pass an ordinance that would have greatly restricted cultivation, but it was soundly defeated by a successful referendum challenge. You can read the rest of Sierra’s cultivation rules here.

     

    County Contacts

    Planning Department

    101 Courthouse Sq,

    Downieville, CA 95936

    MMIC Contact

    Department of Health

    202 Front Street

    Loyalton, CA 96118

    (530) 993-6701

    By Appointment Only

     

    County Activist Organizations

    Last updated July 2018

     

    Siskiyou County

     

    All commercial cannabis activities are prohibited by moratorium in Siskiyou County. This moratorium was extended yet again on July 10, 2018 for another year. 

     

    What Are the Rules for Growing My Own?

    Only non-profit collective cannabis cultivation is allowed. However, the current sheriff has declared an emergency over the influx of Hmong growers. Enforcement efforts are still in full force against local growers. Some say the sheriff’s enforcement attempts are racially motivated, but whatever their motivation, cultivation limitations should be taken very seriously.

     

    County Contacts

    Planning Department

    806 S Main St.

    Yreka, CA 96097

    (530) 841-2100

    MMIC Contact

    County Public Health and Community Development

    806 South Main Street

    Yreka, CA  96097

    (530) 841-2134

    By Appointment Only

    Last updated July 2018

     

    Solano County

     

    Solano County is considering commercial cannabis businesses, but they have not made a decision yet. Meanwhile, all commercial cannabis businesses are prohibited by their moratorium. Expect changes to their ordinances in the very near future.

     

    What Are the Rules for Growing My Own?

    The county allows patients to cultivate 100 square feet indoors only for their personal medical use. They also allow primary caregivers up to 500 square feet indoors only for up to five patients (100 square feet per patient).

     

    Personal adult use cultivation is limited to six plants in 100 square feet area indoors. They’re considering a new proposed ordinance that will allow medical or adult use cultivation indoors, outdoors or in an accessory structure, but the ordinance has not been voted on yet.

     

    County Contacts

    Last updated July 2018

     

    Sonoma County

     

    Sonoma county has taken a very proactive approach toward the new cannabis regulations by providing comprehensive information links for frequently asked questions and policy changes. There’s also a link for residents to check their city ordinances. A recent news story reports that cannabis businesses are flocking to Santa Rosa because of these welcoming regulations.

     

    Can I Purchase Cannabis from a Dispensary?

    Sonoma County is allowing no more than nine medical cannabis dispensaries. Adult-use dispensaries and deliveries are still prohibited.

     

    Can I Get Delivery?

    Medical only.

     

    What Are the Rules for Growing My Own?

    Sonoma has a very clear cut fact sheet regarding their personal cultivation regulations. Currently cannabis can be grown outdoors anywhere except multi-family units or R2 and R3 residential zones. Outdoor grows can’t be visible from public streets or walkways and can’t be located in front or side yard setback areas.

     

    Indoor grows must be in a separate, accessory structure that complies with all building codes. You can check the link for a more in-depth description of the regulations.

     

    County Contacts

    MMIC Contact

    Department of Public Health

    275 Beck Avenue, MS 5-185

    Fairfield, Ca 94533

    (707) 784-8060

    Business Hours:

    Monday – Friday, 8am – 3:30pm

     

    Activist Groups in the Area

    Last updated July 2018

     

    Stanislaus County

     

    Stanislaus County is fully embracing the commercial sales of recreational and medical cannabis. They will be offering every type of permit that the state allows.

     

    Can I Purchase Cannabis from a Dispensary or Delivery?

    You definitely will, but Stanislaus has not solidified its selection process yet. Expect the county to begin issuing permits around the middle of 2018, so you should be able to make commercial purchases by fall. Meanwhile, until they open up, cannabis activities are prohibited.

     

    What Are the Rules for Growing My Own?

    Oddly, cannabis cultivation for any purpose is supposedly prohibited in the county as well, but likely the ordinance needs to be updated to reflect current state law. Title 9 Chapter 9.86.050 “Cannabis cultivation for any purpose is prohibited in the unincorporated areas of the county. (Ord. CS 1170 §2, 2016).”

     

    County Contacts

    Last updated July 2018

     

    Sutter County

     

    Sutter County bans all commercial businesses and bans dispensaries and delivery. There has been recent talk about moving toward commercialization in the county, but the item was pulled from the agenda. It should come back to the agenda soon.

     

    Sutter is also one of only two counties in the state (the other one is Colusa), that won’t issue an MMID, which makes it literally impossible for residents of the county to qualify for the state’s tax exemption even if they are medical use and in need.

     

    Personal cultivation rules for Sutter are much the same as they are for Tehama, in that they have very stringent power requirements and the use of an accessory structures is required. Growers must also notify the county of their intent and have all improvements inspected and approved by the county. You can read more about the requirements for personal and recreational grows here.

     

    County Contacts

    Planning Department

    1130 Civic Center Blvd.

    Yuba City, CA  95993

    Phone: (530) 822-7400

    Fax: (530) 822-7109

    Last updated July 2018

     

    Tehama County

     

    Tehema County is extremely restrictive and has only gotten more so with Prop 64. Dispensaries are banned. Commercial cannabis activity is banned. For all intents and purposes, Tehema’s ordinance imposes an outright ban on all cultivation including the state-allowed amount.

     

    Medical patients could once grow 12 plants, but are now limited to six along with recreational growers. This is a moot point, however, since all grows must be inside a county-approved accessory structure. The maximum electrical panel allowed for the structure is only 50 amps. Generators aren’t allowed, and all electrical work must be inspected and approved. Light systems are limited to 1,200 watts.

     

    Worse, even though the cultivation occurs in a secured, alarmed, fully enclosed structure shielded from public view with filtration systems, the edge of the property line where the cannabis is being cultivated cannot be within 1,000 feet of a school, school bus stop, school evacuation site, church, park, child care center, or youth oriented facility–unless the grower can somehow obtain a waiver to grow after building a several thousand dollar accessory structure.

     

    In other words, Tehama county is effectively under a complete ban. The good news is that Tehama is in the process of developing an alternative commercial ordinance with input from the community. You can read the proposed ordinance starting on page 321 of this agenda packet.

     

    County Contacts

    Planning Department

    444 Oak St # I

    Red Bluff, CA 96080

    (530) 527-2200

    Last updated July 2018

     

    Trinity County

     

    Trinity County has decided to embrace legalization and adopted a commercial cultivation ordinance to that effect in October. They still haven’t created an ordinance to legalize dispensaries or other commercial cannabis activities yet.

     

    What Are the Rules for Growing My Own?

    It’s against the law to grow GMO crops in Trinity too, so make sure your cannabis is not genetically modified. The current personal medical marijuana ordinance is not up-to-date yet because it limits anyone with less than one acre to two plants, but you can read their existing rules here. There are no prohibitions on growing the six plants outdoors for personal use yet.

     

    County Contacts

    Last updated July 2018

     

    Tulare County

     

    Currently, Tulare County is currently banning all commercial cannabis activity. However, the cities of Woodlake and Farmersville will be allowing full medical and recreational sales. Businesses won’t be ready to open at the beginning of the year, but should be opening within a couple of months.

     

    What Are the Rules for Growing My Own?

    Like many counties, Tulare has not yet codified personal cultivation restrictions. Medical patients are allowed to grow up to six mature plants or 12 immature plants for their own use.

     

    County Contacts

    Planning Department

    5961 S Mooney Blvd

    Visalia, CA 93277

    (559) 733-6254

    Last updated July 2018

     

    Tuolumne County

     

    Tuolumne County is reversing its permissive stance on cannabis cultivation to severely restrict medical access. They voted in September, 2017, to ban all outdoor cultivation and reduce the number of indoor plants to six, no matter whether they are for medical use or recreational.

     

    Currently Tuolumne’s residents are allowed to grow up to 24 plants indoors and 12 outdoors for one patient, and up to 24 outdoors for two patients, but don’t expect this ordinance to remain intact. Currently dispensaries and other commercial activity is banned in the county as well. Sonora, the county seat, is considering an ordinance that will allow commercial activity.

     

    County Contacts

    Planning Department

    A.N. Francisco Building

    48 Yaney St.

    Floors 3 and 4

    Sonora, CA 95370

    Phone: (209) 533-5633

    Fax: (209) 533-5616

    MMIC Contact

    Department of Health

    20111 Cedar Road N

    Sonora, CA  95370

    (209) 533-7401

    Business Hours:

    Monday – Friday, 8am – 5pm

     

    County Activist Organizations

    Last updated July 2018

     

    Ventura County

     

    Currently, commercial sales are banned, but Ventura’s code specifically allows medical cannabis dispensaries and deliveries that don’t require a commercial license. Port Hueneme is set to become the first city in Ventura County to allow commercial adult use and medical cannabis businesses, so residents should expect to see improvement to access soon.

     

    Additionally, its citizens are allowed to cultivate their six plants for personal use outdoors while most incorporated and unincorporated areas of the county do not.

     

    What Are the Rules for Growing My Own?

    Ventura County’s cultivation ban does not apply to medical patients. There was an interim ordinance banning outdoor cultivation for recreational purposes, but it’is unknown if that’s been continued. The ordinance has not yet been properly amended to specifically address personal cultivation.

     

    County Contacts

    Planning Department

    800 S Victoria Ave.

    Ventura, CA 93009

    (805) 654-2488

    MMIC Contact

    Ventura County Public Health

    2220 East Gonzales Road Suite 200

    Oxnard, CA  93036

    (805) 981-5301

    Business Hours:

    Monday – Friday, 9am – 4pm

    By Appointment Only

     

    County Activist Organizations

    Last updated July 2018

     

    Yolo County

     

    Yolo County was originally leading the pack to legalization, signing on for an experimental track and trace program and allowing large medical grows. Now they’re considering a complete 180 on their policies. Talk of a total ban is very recent, so Yolo could fall in either direction. It won’t be known until some time later in 2018 what direction the county will choose.

     

    Can I Purchase Cannabis from a Dispensary or by Delivery?

    Yolo County only allows commercial medical cultivation, but the city of Davis is going full commercial. You will be able to purchase recreational cannabis from four dispensaries or via delivery once the city and state completes their licensing process.

     

    What Are the Rules for Growing My Own?

    Yolo county allows for commercial cultivation of up to one acre. The code addresses restrictions for cultivation here, but expect that these ordinances will change in the near future.

     

    County Contacts

    Planning Department

    292 W Beamer St.

    Woodland, CA 95695

    (530) 666-8775

    MMIC Contact

    Department of Health

    137 North Cottonwood Street, Suite 2100

    Woodland, CA  95695

    (530) 666-8645

    Business Hours:

    Monday – Friday, 8am – 5pm

     

    County Activist Organizations

    Last updated July 2018

     

    Yuba County

     

    Yuba County’s cannabis rules have been a hotly contested issue since 2011, and issues don’t look to be settled yet.

     

    Can I Purchase Cannabis from a Dispensary or Delivery?

    Yuba County will not allow any commercial cannabis activity at this time. Marysville was considering allowing commercial activity, but it looks like they will decide against it. They have approved two medical marijuana dispensaries, but it is still unknown when they will open.

     

    What Are the Rules for Growing My Own?

    Yuba County has some of the most severe cannabis regulations in the state. The only new relief given by their most recent ordinance is that cultivation can take place in a house or accessory structure, rather than a fully permitted accessory structure only.

     

    Whether for medical or recreational purposes, personal grows are limited to six plants only, whether mature or immature, and no matter how many qualified patients live on the property. You can read more of Yuba’s cultivation ordinances here.

     

    County Contacts

    Planning Department

    915 8th St., Suite 123

    Marysville, CA 95901

    Phone: (530) 749-5470

    Fax: (530) 749-5434

    planning@co.yuba.ca.us

    MMIC Contact

    Yuba County Health and Human Services
    5730 Packard Avenue 100
    Marysville, CA  95901
    (530) 749-6366
    Business Hours:
    By Appointment Only

    Last updated July 2018

     

    Further Reading

     

    Want to stay up-to-date on the latest legal changes that’ll affect your cannabis use? Read these articles and be ready for the new marijuana business arriving this year.

     

    1. How to Get a Medical Marijuana Card in 2018
    2. The Complete Q&A List for California’s 2018 Cannabis Regulations
    3. 2018 Brings New Challenges to the Federal Government’s Cannabis Law
    4. Jeff Sessions Rescinds Cole Memo
  • What Jeff Sessions Just Did Isn’t a Surprise, But What Now?

    1 Comment

     

    Attorney General Jeff Sessions has made the unsurprising move to rescind the Cole Memo that had instructed the Justice Department not to prosecute marijuana cases acting in compliance with state laws.

     

  • What you'll learn in this post:

    [Click any of the section titles below to jump there]

     

    Rescinding the Cole Memo Was Inevitable

     

    The timing of the announcement, coming in the wake of California’s historic marijuana legalization on Jan. 1, is clearly meant to send the message that the Justice Department remains institutionally invested in prohibition, despite the will of the American people, a majority of whom support legalization (according to a recent gallup poll).

     

    Jeff Sessions has spent his entire career as a prohibitionist hardliner who’s never hid his disdain for marijuana. With little public support for cannabis crackdown, rescinding the Cole Memo was the easiest move to push back against legalization; it’s simply a policy memo that only required his signature to change.

     

    So What Happens Now?

     

     

    Specific predictions are impossible, but the Justice Department has given the green light for the U.S. Attorneys and the DEA to resume raids or issue subpoenas to marijuana businesses in any state. Whether raids actually happen remains to be seen. Simultaneously, legal marijuana states are expected to resist the federal government’s efforts to interfere with their successful markets.

     

    Banks and casino utan den svenska spellicensen may be even more skittish than they already are in providing financial services. The Cole Memo was the one thin legal protection banks had enabling them to provide services to marijuana businesses–and now that protection is gone.

     

    Cannabis businesses should expect large national banks to step further back from the industry, and continued difficulty with banking services. States will need to take the lead in providing a legal framework for local banks and credit unions to provide marijuana financial services.

     

    Federal Enforcement Could Be on the Horizon

     

    It’s always been the case that most marijuana enforcement takes place at the local and state level. Federal agents take part in high-profile raids, but don’t have the resources for wide-scale marijuana enforcement. This dynamic hasn’t changed.

     

    We may see federal raids on individual marijuana businesses, particularly those not acting in compliance with state and local laws. State and local police will continue to be in the lead on most marijuana law enforcement, so every town and police chief will have their own attitudes.

     

    Just this past week in Ukiah, CA, Old Kai Logistics, a licensed medical marijuana distribution firm, had their delivery van pulled over for a minor vehicular issue–resulting in the CHP’s seizure of 1,875 pounds of marijuana, despite the drivers having all the proper paperwork. Fortunately, the employees weren’t charged with felonies, but the CHP has refused to return the marijuana. The war on drugs continues.

     

    How to Fight Back

     

    cole memo

     

    Americans for Safe Access organizes raid response and training for businesses to safely deal with police raids. Visit the ASA Raid Response Network to join with allies finding help and protesting police raids of marijuana facilities.

     

    The CJS Amendment is the last remaining legal protection at the federal level for medical marijuana and it must be renewed every year; the current version expires in two weeks with the federal budget on Jan. 19. Let your congressmen know that you support cannabis legalization since ultimately an act of Congress is needed to end prohibition.

     

    Politicians in both parties from legal marijuana states are loudly protesting Jeff Session’s new policy, and the activist community is stepping up too. Supporters and entrepreneurs must continue to show courage and good citizenship; follow state regulations and provide the safest and best quality cannabis products possible.

     

    The marijuana business remains risky, but we are on the right side of history, so keep up the fight!

     

    Further Reading

     

    This surprise from the AG is just one example of the many surprises legal marijuana has in store. Get ahead of the curve and be prepared for the monumental year in cannabis by consulting these pieces:

     

    1. How to Get a Medical Marijuana Card in 2018
    2. The Always Updated Guide to California Cannabis Regulations by County in 2018
    3. 2018 Brings New Challenges to the Federal Government’s Cannabis Law
    4. The Complete Q&A List for California’s 2018 Cannabis Regulations
  • 2018 Brings New Challenges to the Federal Government’s Cannabis Law

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    Since the passage of Prop 64, it’s hard to keep up with the changes to our state’s cannabis rules. California’s scrambling to catch up with legalization deadlines while different groups lobby for their own interests. There’s so much occurring it’s easy to forget massive changes are also happening at the federal level–that’s why we’re tracking them for you!

     

    Federal alterations cause huge impacts on the local level. A great example: the recent court ruling restraining the feds from enforcing federal cannabis laws in legal states.

     

    These limits imposed by the ruling are completely dependent on the Rohrabacher-Farr Amendment passage with the budget each year. If it isn’t continued, the court’s ruling is unenforceable. You’ll read more about that later.

     

  •  

    Good News for CBD Patients

     

     

    The World Health Organization (WHO) has issued a preliminary report stating that, as far as they can tell, CBD has no significant negative side effects or addictive potential.

     

    The report also states there’s substantial evidence that CBD is an effective seizure treatment; plus there’s “preliminary evidence that CBD may be a useful treatment for a number of other medical conditions. However, this research is considerably less advanced than for treatment of epilepsy.”

     

    This report doesn’t include the same glowing conclusions for other cannabinoids like THC. In fact, it seems to emphasize their opinion of THC’s addictive dangers and includes a detailed analysis of possible manufacturing methods for converting CBD to delta-9-THC and delta-8-THC  (see page 10 of the report). It should be noted that the possible process to manufacture THC from CBD is much more complicated than simply growing it.

     

    Still, the WHO’s report shows profound progress towards accepting cannabis as medicine despite our federal government’s recent backsliding toward CBD. Technically, the federal government passed a law leaving legislation and control of CBD in the hands of the states (see Section 7606 of the 2013 Farm Bill).

     

    However, they’ve recently been broadcasting a rather jaundiced view of CBD providers and products, including Charlotte’s Web producer, CW Hemp. In fact, Target removed CW Hemp’s cannabis oil products shortly after the feds issued a statement reiterating their stance on CBD’s status as a Schedule 1 drug, right along with cannabis’ psychoactive components.  

     

    The Federal Lawsuit Against Jeff Sessions Still in Limbo

     

    federal government

     

    The federal lawsuit challenging the legality of cannabis as a Schedule 1 drug (Washington et al v. Sessions et al 1:17-cv-0562) still hangs in the balance. It’s standard procedure for defendants to make a motion to dismiss as their first course of action, and this motion hasn’t been decided.

     

    These days it’s difficult to understand why a lawsuit is even necessary; even the World Health Organization admits cannabis doesn’t meet the standards for such a classification.

     

    But it’s well-known that our legislative system’s design takes our laws years or decades to catch up to common sense. For example:

     

    • In Louisiana, this crawfish theft law imposes up to ten years in prison with or without hard labor.
    • In Walnut, CA, “No man or boy shall dress as a girl or woman without a permit from the sheriff, except for the purpose of amusement, show or drama.”
    • In Illinois, you must ride a bicycle with at least one hand on the handlebars at all times. 

     

    It’s no surprise our drug laws must face decades of lobbying and lawsuits to catch up as well. Thus far, the federal government has filed a motion to dismiss, and the plaintiffs have filed an objection to the motion.

     

    The judge in the case, Judge Alvin K. Hellerstein, has also denied a motion for a temporary restraining order based on his assessment. To him, the request doesn’t meet the standards for such an order: likelihood of success on the merits; a likelihood of irreparable harm in the absence of preliminary relief; the balance of equities tips in the party’s favor; and an injunction is in the public interest.

     

    This doesn’t bode well for swift movement in the case. Most lawsuits challenging cannabis’ illegal status take several years.

     

    Is the Federal Government Intentionally Keeping Cannabis Illegal?

     

    federal government

     

    Of course, if the federal government decides losing is possible, it could simply move cannabis to a Schedule 2 or 3 drug rather than deschedule. In fact, a bill was submitted to do just that. Yet that doesn’t mean cannabis will become easier to legally access; it could actually become harder. To test that theory, attempt to buy an asthma inhaler without a prescription.

     

    One could argue a drug’s listing in the Controlled Substances Act only affects its street price, not its availability. If making a substance illegal really did make it less available, would we have a massive opiate crisis? The only thing scheduling likely affects is who’s profiting and if taxes are being paid.

     

    So the federal government’s convoluted reasoning behind maintaining cannabis as a Schedule 1 drug is becoming incomprehensible. The only motivation that seems to make sense: it’s simply more profitable to keep marijuana illegal. Or, maybe the feds simply aren’t ready to cash in on Patent US6630507.

     

    For those doubting the federal government’s motivation to control the trade of scheduled substances, here’s a not-so-subtle reminder from the Afghanistan war.

     

    This fluffy Fox News piece attempts to explain why the government allocates our federal taxes and defense budget to patrol and protect Afghani poppy fields. What it attempts to skim over is that Afghanistan is responsible for producing 90% of the world’s heroin–which ends up on our streets.

     

    Of course, in the case of weed, some of those involved in its illegal trade are possibly saving people from opiate addiction, in addition to reducing seizures due to epilepsy, nausea and vomiting relief during chemo and dialysis, and relief from PTSD (some sufferers being veterans from the war in Afghanistan). It’s the very definition of irony.

     

    The Rohrabacher–Farr/Rohrabacher–Blumenauer Amendment Also Hangs in the Balance

     

    federal government

     

    The Rohrabacher-Farr Amendment, now known as the Rohrabacher-Blumenauer Amendment, must be renewed with every new budget to remain in effect. It’s been in effect since 2014, with each new vote carrying a bit of its own drama. But this year, things are getting particularly dicey.

     

    If the amendment isn’t re-approved in the new 2018 budget, the federal government will once again be free to allocate federal funds toward enforcing federal marijuana laws in states where medical use, or even recreational use, is allowed.

     

    As Congress continues to dicker over the budget, the amendment only has a reprieve until December 22, 2017, meaning those who could face federal prosecution, despite their compliance with state law, are sitting on pins and needles.

     

    After all, Attorney General Jeff Sessions has consistently made it clear he has no respect for the plant’s medical value. To make matters worse, the House Rules Committee has blocked several different amendments that would ease federal restrictions.

     

    What does this mean for California cannabis patients and recreational users? If the amendment dies, the federal government could ramp up its war on marijuana again, placing a chilling effect on state access. Lawmakers in most jurisdictions choosing to ban cannabis activity often site that the plant remains illegal at the federal level.

     

    One must also consider there may be another motive for legislators and enforcers pushing back against our progressive cannabis victories. According to a recent Sacramento Bee article, many of the illegal grows employ Chinese, Russian, or Mexican nationals. Considering our nation’s current xenophobic state, such resistance to the amendment could be aimed more at “sanctuary states” than cannabis.

     

    Meanwhile, Across the Northern Border

     

    federal government

     

    It looks like Canada will be beating us to the nationwide legalization punch. Following a disagreement in which the provinces refused to accept a 50/50 tax split with their federal government, the provinces agreed to accept a 75/25 split–their logic being they’d be forced to bear the brunt of enforcement costs. They expect to be ready to legalize the plant by June 2018.  

     

    And Here at Home

     

    California has issued their first batch of temporary cannabis licenses, though they won’t be active until January 2, 2018. Here’s a list of some of the businesses already issued a temporary license:

     

    • 530 CANNABIS: medicinal, retailer temporary license, Shasta Lake
    • 530 CANNABIS: adult use, retailer temporary license, Shasta Lake
    • Hueneme Patient Consumer Coop: medicinal, retailer temporary license, Port Hueneme
    • KindPeoples (formerly KindPeoples Collective): both Adult use and Medical, microbusiness, retailer and distributor, Santa Cruz
    • Torrey Holistics: medicinal, retailer temporary license, San Diego
    • pH Solutions (aka Yes Cannabis): laboratory testing, temporary License, Monrovia
    • Golden State Sciences: medicinal, distributor temporary license, King City
    • Buddy’s Cannabis: adult use, microbusiness temporary license, San Jose
    • HERBL Distribution Solutions: medicinal, distributor temporary license, Santa Rosa
    • Pure CA: medicinal, distributor temporary license, Lynwood

     

    As you can see, these changes are taking place at an amazing pace. It almost feels like if we take the time to blink, we could miss an important piece of news. We’ll keep track of this crazy hurricane of change so you don’t have to. Check back with us often to see what’s new.  

     

    Further Reading

     

    As you can see, the federal government is rapidly changing its stance on marijuana. While this isn’t a surprise coming from the fickle Trump administration, you should be prepared for any more stalls and surprises that sprouts up:

     

    1. How to Get a Medical Marijuana Card in 2018
    2. The Always Updated Guide to California Cannabis Regulations by County in 2018
    3. Jeff Sessions rescinds Cole Memo
    4. The Complete Q&A List for California’s 2018 Cannabis Regulations

     

  • Brand Spotlight: Dulze’s Select Latin-Inspired, Low-Dosed Edibles

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    Although there are several mom-and-pop edible companies today, few really reflect their creators’ personalities, ethos, and culture so accurately. Dulze is dedicated to changing the cannabis world with their Latin-inspired flavors, modern art, and unique swag. So far, they’re off to a great start.  

     

  • In this brand spotlight, you'll discover:

    [Click any of the section titles below to jump there]

     

    About Dulze

     

    Founded in 2015 by native Texans/best friends Mike, the chef (recent SoCal High Times Top Cannabis Chef), and Johnny, the artist, Dulze is a San Diego-based edibles company. Their mission is to educate the masses about medicating with consistent, low doses to feed the mind, body, and spirit. Family owned and operated, the team emphasizes teamwork, loyalty, and giving back to the community. 

     

    Dulze also seeks to change cannabis’ negative stigma while showcasing pride for their Latino heritage. It’s prevalent in every facet of their business, from the homemade Mexican flavors to the Dia de los Muertos (Day of the Dead) inspired sugar skull logo. The company’s name is a take on the Spanish word “dulce,” meaning “sweet.” Plus, they’re abuelita approved (give her some, they’ll help)!

     

    How Dulze Edibles Are Made

     

    Dulze combines traditional Mexican candy recipes with a modern cannabis-infused twist. They infuse organic coconut oil with high-quality NorCal cannabis as the base for their edibles. All products are lab tested to ensure quality and consistency in each batch. Every edible comes with resealable packaging and easy-to-read labeling. However, the packaging will change in 2018 to accommodate new cannabis laws, so look for Johnny to design something interesting. 

     

    Products

     

    Currently the company makes four Mexican-inspired edibles: chili watermelon calacas, piña colada calacas, mello bites, and orange polvos. They’re available in three strengths: 25mg, 50mg and 100mg THC, perfect for microdosing.  

     

    Chili Watermelon Calacas

    Dulze

    These infused gummies are the ideal fruity mix of spicy and sweet, unlike any other you’ll see on the market. They start with a spicy house blend of natural salts and dry chili powder, move into the sweet and juicy watermelon flavor then end with a perfect mellow, low-dose high.

     

    The entire pack has a total of 25mg of THC divided between  about 16 gummy squares, with each individual piece containing about 1.5 mg. These won’t do much for patients with a high tolerance, though that doesn’t mean you shouldn’t try them. Just grab a few packs; each will cost around $6.

     

    Piña Colada Calacas

    Dulze

    These tropical morsels are some of the best tasting MMJ edibles available. The pineapple-coconut flavor highlights the infused organic coconut oil that makes these yellow gummies so effective. While there isn’t any rum in thesms, 3-5 will give new patients a slight buzz. Each piece has an average of 1.5 mg of THC with the entire package carrying around 16 gummies totaling 25mg. Usually find a pack for $6.

     

    Mello Bites

    Dulze

    These cylindrical, brightly colored bite-size treats are the perfect party favors. Mello Bites’ fruity cereal flavor isn’t too sweet or sugary like some cereal-based edibles; they’re soft, chewy, and quickly dissolve your mouth. Try them in a bowl of milk and revert to your childhood.  

     

    Mello Bites promote energy, so whether it’s for a night of pain-free dancing or just enjoying the company of friends, they’re a great option to keep you invigorated into the wee hours. Each pack contains 50mg THC in around six pieces with 8-10mg of THC in each. Find these for around $8 a pack

     

    Orange Polvos

    Dulze

    These are Dulze’s most potent option. Every delicate cookie has 25mg of THC with the entire package of four totaling 100mg. Inspired by traditional Mexican tea cookies, these shortbread galletas are an homage to Dulze’s roots.

     

    They’re sugary but not too sweet with a slight cannabis taste and also easily dissolve in your mouth. Enjoy them with a hot cup of coffee or abuelita hot chocolate. Ideal for medical marijuana patients with higher tolerances and in more pain. One four-pack sells for about $12.

     

    Where to Buy Dulze

     

    Find Dulze edibles throughout several California MMJ dispensaries. You could track them down yourself, or just let Nugg’s medical marijuana delivery service find the dispensaries that carry and deliver them to your home.

     

    Not a medical cannabis patient? Don’t worry, NuggMD makes it easier than ever by having licensed cannabis doctors available online. After becoming a cannabis patient by live video conference, you’ll get your medical recommendation for only $49.

     

    Customer Testimonials

     

    “These things are so small yet so powerful. I keep choosing Dulze for the taste and high quality ingredients! They help me for action sports, creativity, art and my depression/anxiety. I could talk about the brand for hours but I’ll just end with…these guys know what they are doing!” —Anonymous

     

    “I love the chili watermelon bites. They’re delicious and super low dosed so I don’t have to worry about overdoing it. They remind me of these chili watermelon lollipops I used to get for a quarter after middle school…takes me back.” —Alejandro B.

     

    “Overall, [the piña colada calacas] are chewy but not overwhelmingly hard to work on your mouth and the cannabis taste is not even there. The cannabis infused coconut oil that Mike uses is very good at hiding the taste but still packing a nice potency and punch.Ian R.

     

    Official Links

     

    Dulze’s official website will be up soon, so until then follow them on social media:

  • How to Get a California Medical Marijuana Identification Card in 2018

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    As California moves from a medical-only marijuana state to an adult-use market in 2018, many patients like yourself wonder what this means for you.

     

    Do I still need to get a Medical Marijuana Identification Card (MMIC) and how? Are there any benefits to getting a MMIC after adult-use dispensaries are operational?

     

    Here we’ll breakdown everything you need to know about getting your medical marijuana card in 2018.

     

  •  

    What Is the Medical Marijuana Identification Card Program?

     

    The MMIC Program was created under Senate Bill 420 (SB 420). It allows medical marijuana patients and caregivers to voluntarily enroll in the state’s online medical marijuana patient registry. In return, you’ll receive an identification card and patient ID number. 

     

    A MMIC allows you to legally prove you’re a certified patient or caregiver, as law enforcement officers have access to the database to prove an MMIC’s validity. Overall, it allows California to have a statewide, official, and uniform identification system to protect patients.

     

    How Legislative Changes Affect Medical Cannabis Patients

     

    medical marijuana identification card

     

    While Proposition 64, which legalizes Adult Use cannabis in California, does have language regarding medical marijuana patients, it does not abolish the MMIC program.

     

    Prop. 64 added new statutes to Section 5 of the Health and Safety Code, Use of Marijuana for Medical Purposes. The law made changes and clarifications regarding the MMIC program, including:

     

    • Prop. 64 extends privacy protection for patients that have a valid MMIC. It ensures that all patient information is considered “medical information” and thereby protected under California’s “Confidentiality of Medical Information Act.”

     

    • This act is similar to the federal Health Insurance Portability and Accountability Act (HIPPA).

     

    • It continues the MMIC program and limits the fee to $100 per card. For Medi-Cal patients, the maximum fee is $50 per card. The law also allows a fee-waiver for indigent MMJ patients.

     

    • Prop. 64 allows the California Department of Public Health (CDPH) to remain in charge of printing of MMICs and maintaining the medical marijuana patient registry.

     

    • The law also allows individuals with a valid MMIC issued by CDPH to be exempt from retail sales tax on medical cannabis, medical cannabis concentrate, edible medical cannabis products, or topical cannabis.

     

    • Patients must have their valid MMIC present at the time of purchase. 

     

    Currently, medical cannabis patients in California do not need an MMIC to purchase cannabis from a medical dispensary; all that’s needed is a valid doctor’s recommendation.

     

    In 2018, this won’t change, except for the fact that medical marijuana patients will need a valid MMIC to avoid the retail sales tax on their medical cannabis purchases. So, the MMIC helps you save money, but you don’t need it to make medical purchases in general.

     

    Benefits of Having Your Doctor’s Recommendation and MMIC

     

    Having a cannabis recommendation and a MMIC affords several privileges that recreational users won’t have. These include:

     

    1. No state sales and use taxes (Revenue and Tax Code 34011)–Prop 64 added language in section 34011 that keeps the state from taxing medical cannabis with the sales and use tax that recreational users have to pay. There will still be other taxes and local taxes, but many local governments won’t tax medical marijuana either.

     

    2. Protection for parental rights (Health and Safety Code 11362.84)–People who use medical cannabis in accordance with Prop 215 can’t have their custody restricted based on this reason alone.

     

    3. Protection from arrest if carrying more than one ounce (Health and Safety Code 11362.71(e))–People can still be arrested if the police believe that they are carrying more than their doctor would allow (like 30 lbs in their trunk) or they have other cause to believe they are violating the law. But they have to prove probable cause.

     

    4. Larger possession limits (Health and Safety Code 11362.77(a))–Patients get to possess 8 ounces instead of just one ounce (28.5 grams).

     

    5. Even larger possession limits if your doctor recommends (Health and Safety Code 11362.77(b))–It’s the law now that your doctor can recommend for you to possess even more.

     

    6. Larger cultivation allowances in many jurisdictions–Local ordinances often make more allowances for medical cultivation than they do recreational. Also, in some places that don’t allow outdoor cultivation of recreational, they do allow outdoor medical cultivation.

     

    7. Lower age limit for commercial medical purchases–If you are between 18 and 21, you’re still legally allowed to purchase commercial cannabis from a medical cannabis retailer or an adult cannabis retailer that also has a medical cannabis license. 

     

    8. Access to more dispensaries across the state–Many counties are only choosing to allow commercial medical sales, not adult-use sales.

     

    How to Get a Medical Marijuana Identification Card in California

     

    medical marijuana identification card

     

    So far, we’ve discussed what the MMIC program is and what the benefits are of having a California state-issued, medical cannabis identification card.

     

    Now the burning question is, how do you get one?

     

    To get a medical marijuana identification card from the California Department of Public Health, you must be a California resident and diagnosed with a serious medical condition by a physician. Serious qualifying conditions identified under SB 420 include, but are not limited to:

     

    • AIDS
    • Anorexia
    • Arthritis
    • Cachexia (wasting syndrome)
    • Cancer
    • Chronic pain
    • Glaucoma
    • Migraines
    • Persistent muscle spasm
    • Seizures
    • Severe nausea
    • “Any other illness for which marijuana provides relief”

     

    PRO Tip: Take note, there is persistent confusion around the language “any other illness for which marijuana provides relief.” While the CDPH states medical cannabis can be recommended for “any chronic or persistent medical symptom that either substantially limits a person’s ability to conduct one or more of major life activities,” an in-depth legal analysis indicates cannabis doctor recommendations are not bound by this language. While Senate Bill 420 (SB420) attempted to make stricter requirements for doctors issuing recommendations, Prop 215 is still the reigning legal king when it comes to interpretation. It even supersedes Prop 64 in this regard, given that Prop 64 states in its intents and purposes that it does not seek to challenge Prop 215. And since legislative intent trumps all when there is a dispute, and voter initiatives carry far more weight constitutionally than do senate and assembly bills, you can’t really define what medical conditions qualify for a medical card since Prop 215 was so intentionally vague. This is likely more than you need to know, but we believe in today’s day in age, it’s important that you get the full truth, and nothing but the truth.

     

    The bottom line is that physicians in California are granted wide discretion to recommend cannabis as a treatment for any ailments they deem appropriate.

     

    The physician must also agree that medical marijuana is an appropriate treatment option. Both the diagnosis and recommendation of medical cannabis as a treatment option must be documented in your medical records.

     

    When you receive this medical recommendation from a physician, ask for a printed record for yourself. If you opt to get your recommendation online through NuggMD, you’ll receive a printed paper copy in the mail a few days after your consultation.

     

    Once you receive a medical marijuana recommendation from a physician, you will need to fill out a Medical Marijuana Program Application/Renewal Form and submit it to the California county where you reside. You must include the following documentation with your application:

     

    • A copy of your medical marijuana recommendation. You can get yours for $49 using NuggMD, California’s leading telemedicine platform. The process is easy, affordable and convenient.   

     

    • Legal proof of identity (valid California driver’s license or government-issued photo ID card).

     

    • Proof of residency (rent or mortgage agreement, utility bill, or California DMV vehicle registration).

     

    You must apply in-person at your county’s program. At your county’s program location (see the last section of this post to find your local department of health location), you will be required to pay a fee to receive your MMIC, which differs by circumstance of the patient and county. Medi-Cal beneficiaries will always receive a 50% deduction in the application fee and indigent patients who are eligible for County Medical Services will have the fee waived.

     

    The final step is to take a photo for your Medical Marijuana Identfication card.

     

    Once your application is submitted in-person, the county has 30 days to verify your application. If your application is verified, the county has five days to make your MMIC available to you.

     

    Counties will either make MMICs available via mail or require the patient to come back into the county location to pick up their new identification card. This process varies from county to county, so while you’re applying at your local county office, we recommend asking about their pickup or mailing process if you’re approved

     

    Please note that any missing information in your application can delay the process.  

     

    California Medical Marijuana Identification Card Program County Directory

     

    medical marijuana identification card

     

    Now that you know the steps required to get your MMIC and the benefits of doing so, it’s time to pull the trigger, right?

     

    Regardless where you live in California, you must submit your application in-person to your county’s Medical Marijuana Program. The tricky part though, is that business hours and appointment requirements differ by county.

     

    Please locate your county of residence in the directory below for a link to the program location and information on how and when to apply.

     

    California counties are listed below in alphabetical order.

     

     

    • Alpine County
      By appointment only, call (530) 694-2146
      Business Hours:
      Monday, 1pm – 4:30pm
      Wednesday, 1pm – 4:30pm
      Friday, 1pm – 4:30pm

     

    • Amador County
      By appointment only, call (209) 223-6407
      Business Hours:
      Thursday 1pm – 4pm

     

    • Butte County
      No appointment necessary
      Business Hours:
      Thursday, 10am – 2pm

     

     

    • Colusa County
      *Not yet accepting applications

     

     

    • Del Norte County
      No appointment necessary
      Business Hours:
      Monday – Friday, 8am – 12pm; 1pm – 5pm

     

    • El Dorado County
      By appointment only, call (530) 621-6500
      Business Hours:
      Monday – Friday, 8am – 5pm

     

    • Fresno County
      By appointment only, call (559) 600-3434
      Business Hours:
      Tuesday, 8am – 12pm
      Thursday, 12:30pm – 4:30pm

     

     

    • Humboldt County
      No appointment necessary
      Business Hours:
      Monday – Friday, 8am – 5pm

     

    • Imperial County
      No appointment necessary
      Business Hours:
      Monday – Friday, 9am – 12pm; 1pm – 4pm

     

     

    • Kern County
      No appointment needed
      Business Hours:
      Monday – Friday, 8am – 5pm

     

    • Kings County
      No appointment needed
      Business Hours:
      Monday – Friday, 8am – 4pm

     

    • Lake County
      No appointment necessary
      Business Hours:
      Tuesday, 10am – 12pm
      Thursday, 10am – 12pm

     

    • Lassen County
      No appointment necessary
      Business Hours:
      Tuesday, 1pm – 4pm

     

    • Los Angeles County
      No appointment necessary
      Business Hours:
      Tuesday – Thursday, 8am – 12pm; 1pm – 4pm

     

    • Madera County
      No appointment necessary
      Business Hours:
      Mondays, 8:30am – 11:30am

     

    • Marin County
      No appointment necessary
      Business Hours:
      Monday – Friday, 9am – 12pm; 1pm-4pm

     

    • Mariposa County
      No appointment necessary except on Thursdays which are appointment only
      Business Hours:
      Monday – Friday 8am – 5pm

     

    • Mendocino County
      No appointment necessary on Tuesdays. By appointment only on Thursdays, call (707) 472-2784
      Business Hours:
      Tuesday, 2pm – 6pm
      Thursday, appointment only

     

     

    • Modoc County
      By appointment only, call (530) 233-6311
      Business Hours:
      Monday – Friday, 8:30am – 5pm

     

    • Mono County
      By appointment only, call (760) 924-1830
      Business Hours:
      Monday – Friday, 9am – 5pm

     

     

     

    • Nevada County
      By appointment only, call (707) 253-4506
      Business Hours:
      Thursday, 2pm – 4pm

     

    • Orange County
      No appointment necessary
      Business Hours:
      Monday – Friday, 8am – 12pm; 1pm – 4pm

     

    • Placer County
      By appointment only, (530) 889-7158
      Business Hours:
      Monday – Friday, 8am – 11:30am; 1pm – 4:30pm

     

     

    • Riverside County
      No appointment necessary
      Business Hours:
      Monday – Wednesday, 7:30am – 12pm; 1pm – 3:30pm

     

    • Sacramento County
      By appointment only, call (916) 875-5345
      Business Hours:
      Wednesday 9am – 4pm
      Friday, 9am – 4pm

     

    • San Benito County
      No appointment necessary
      Business Hours:
      1st & 3rd Tuesday of the month, 1:30pm – 4pm

     

    • San Bernardino County
      By appointment only, call (800) 782-4264
      Business Hours:
      Monday – Friday, 9am – 4pm

     

    • San Diego County
      No appointment necessary
      Business Hours:
      Monday – Friday, 8am – 4pm

     

    • San Francisco County
      No appointment necessary
      Business Hours:
      Monday, Wednesday, Friday, 1pm – 4pm

     

    • San Joaquin County
      By appointment only, call (209) 468-3404
      Business Hours:
      Monday – Friday, 8am – 5pm

     

     

    • San Mateo County
      No appointment necessary
      Business Hours:
      Monday – Wednesday, 8am – 5pm
      Thursday, 8am – 4pm
      Friday, 8am – 5pm

     

    • Santa Barbara County
      No appointment necessary
      Business Hours:
      Monday – Friday, 9am – 11am; 1pm – 4pm

     

     

    • Santa Cruz County
      By appointment only, call (831) 454-3431
      Business Hours:
      Tuesday 1pm – 4pm
      Wednesday 1pm – 4pm

     

     

     

     

    • Solano County
      No appointment necessary
      Business Hours:
      Monday – Friday, 8am – 3:30pm

     

    • Sonoma County
      No appointment necessary
      Business Hours:
      Tuesday & Wednesday, 9am – 3pm

     

    • Stanislaus County
      By appointment only, call (209) 558-7191
      Business Hours:
      Thursday 2pm – 4pm

     

    • Sutter County
      *Not yet accepting applications

     

    • Tehama County
      No appointment necessary
      Business Hours:
      Monday – Friday, 8am – 5pm

     

     

     

    • Tuolumne County
      No appointment necessary
      Business Hours:
      Monday – Friday, 8am – 5pm

     

    • Ventura County
      By appointment only, call (805) 981-5301
      Business Hours:
      Monday – Friday, 9am – 4pm

     

    • Yolo County
      No appointment necessary
      Business Hours:
      Monday – Friday, 8am – 5pm

     

     

    Take Advantage in 2018

     

    Getting a medical marijuana identification card in 2018 saves money, provides legal protection, has a lower age requirement, makes more dispensaries available available to you, and allows you to possess and grow more cannabis. It’s a no-brainer.

     

    Learn more about the new cannabis laws and regulations and stay up-to-date with these articles:

     

    1. The Always Updated Guide to California Cannabis Regulations by County in 2018
    2. 2018 Brings New Challenges to the Federal Government’s Cannabis Law
    3. The Complete Q&A List for California’s 2018 Cannabis Regulations
    4. Jeff Sessions Rescinds the Cole Memo

     

    Still confused? Don’t get frustrated! Just visit Nugg’s website and click the green chat-icon in the bottom-right hand corner to speak with a live cannabis expert who can answer your questions in real-time.