<\/p>\n
When this happens, we turn to the Bureau of Cannabis Control, which is more than happy to provide answers to confusing legal questions.<\/span><\/p>\n <\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n [Click any of the section titles below to jump there]<\/p>\n <\/p>\n <\/p>\n About a month ago, we received a great question:\u00a0<\/span><\/p>\n <\/p>\n \u201cHow much cannabis concentrate can be sold to qualified medical patients?\u201d<\/span><\/em><\/p>\n <\/p>\n First, you should know that the state attempted to establish default possession limitations with SB420 in 2003. But these attempts were shot down in 2010 by the People v. Kelly. <\/span><\/p>\n <\/p>\n According to <\/span>Ballotpedia<\/span><\/a>, \u201cthe basis for the court’s ruling in People v. Kelly is that the 2003 legislation amounted to an amendment to Proposition 215\u00a0and that the California Constitution prohibits legislative tampering with ballot initiatives approved by voters.\u201d<\/span><\/p>\n <\/p>\n This has been a sticky wicket for those wanting to limit cannabis. Basically, the ruling said the amount of cannabis a medicinal patient can have is the amount the doctor says he\/she can have. If the doctor prescribes a daily bath in hash oil, that\u2019s a legally defensible position. <\/span><\/p>\n <\/p>\n This was good news for patients who no longer had to fear prosecution if they truly needed larger amounts of cannabis. The limits established by SB420 still remained in Health and Safety Code Sec. 11362.77, but there is now a valid defense if a patient has a <\/span>rec for larger amounts<\/span><\/a>. <\/span><\/p>\n <\/p>\n <\/p>\n Unfortunately, <\/span>Prop 64<\/span><\/a> changed all this. The proposition establishes a pathway for the legislature to alter any part of the voter initiative with a two-thirds vote to \u201cfurther the purposes and intent\u201d of the act. So, naturally, people assume the sky\u2019s the limit for legislative overreach. It\u2019s not. <\/span><\/p>\n <\/p>\n No section of Prop 64 addresses the amount of cannabis a medical cannabis patient can possess. In fact, all of the patient possession limits in current law are actually installed by SB94<\/a>, the new law designed to enact Prop 64. So, technically, the legislature once again attempts to establish limits for these needy people, just like in SB420, that hasn\u2019t been voted into law, defying Prop 215. <\/span><\/p>\n <\/p>\n Prop 215 has not been repealed. It\u2019s still a voter initiative passed by the people. It\u2019s still a valid law and was not only left intact by Prop 64, but Prop 64 repeatedly defers to Prop 215.<\/b><\/p>\n <\/p>\n Still, unless you want to be the defendant in that inevitable landmark case revisiting the People v. Kelly, you better know the limit the legislature attempts to impose on patients.<\/span><\/p>\n <\/p>\n Initially, our reader\u2019s question seems reasonable and easy to answer. Under the recently amended SB94, <\/span>recreational users<\/span><\/a> can buy up to one ounce of flower or up to eight grams of concentrates. Medical patients can purchase up to eight ounces of flower and \u2014 oh, wait, the <\/span>default amount of concentrates a cannabis patient can buy isn\u2019t in the code<\/b>. <\/span><\/p>\n <\/p>\n What now? <\/span>Time to message the BCC!\u00a0<\/span><\/p>\n <\/p>\n <\/p>\n On Feb. 7, 2018, we wrote: <\/b><\/p>\n <\/p>\n How much cannabis concentrate can be sold to medical patients? \u00a0So far, the regulations only control flower \u2014 8 ounces. They don’t differentiate for concentrate. Does this mean that 8 ounces of concentrate could be sold as well?<\/span><\/p><\/blockquote>\n <\/p>\n On Feb. 21, we received this response:<\/b><\/p>\n <\/p>\n Thank you for contacting the Bureau of Cannabis Control (Bureau). Please see the Health and Safety Code section 11362.77. It defines the daily amounts allowed.<\/span> Best Regards,<\/span> <\/p>\n That’s <\/span>not <\/i><\/b>a clear answer, especially since we copied and pasted the applicable code sections that <\/span>refer<\/span><\/i> to Health and Safety Code section 11362.77 for easy reference. Apparently, their staff didn\u2019t read our entire email.<\/span><\/p>\n <\/p>\n So we immediately answered back: <\/b><\/p>\n <\/p>\n I can understand if you didn’t read my question fully. You’re probably getting a million questions. I know it’s referred to in H&SC 11362.77. This is why I mentioned the code at the end of my question and pointed out to you that H&SC 11362.77 doesn’t define medical cannabis at all. The answer is NOT in this code. All this code says is: <\/span><\/p>\n 11362.77. \u00a0(a) A qualified patient or primary caregiver may possess no more than eight ounces of dried cannabis per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature cannabis plants per qualified patient. <\/span><\/i><\/p>\n This code doesn’t mention concentrate at all. So, my question still stands, how much concentrate can a patient purchase?<\/span><\/p><\/blockquote>\n <\/p>\n The next day, the Bureau responded yet again:<\/b><\/p>\n <\/p>\n Hello,<\/span><\/p>\n Yes we do get a million questions a day. Thank you for understanding. The Health and Safety Code section does not define medical cannabis, but it states how much a patient may purchase as a daily limit. I have highlighted the section below that should answer your question regarding the daily limit of concentrate, not flower.<\/span><\/p>\n Best Regards,<\/span><\/p>\n <\/p><\/blockquote>\n Well, that’s all well and good,<\/span> but it still doesn’t answer the question<\/span><\/i>. The code <\/span>highlighted above is the amount of concentrate allowed for\u00a0<\/b>recreational consumers<\/i><\/b>, not the default amount permitted for\u00a0<\/b>medical patients<\/i><\/b>. <\/span><\/p>\n <\/p>\n Naturally, we immediately responded:<\/b><\/p>\n <\/p>\nWhat you'll learn in this article:<\/h2>\n
\n
Can the Bureau of Cannabis Control Dictate MMJ Limits?<\/strong><\/h2>\n
Can Prop. 64 Revoke This Medical Defense?<\/strong><\/h2>\n
Back and Forth with the BCC<\/strong><\/h2>\n
\n<\/span><\/p>\n
\n<\/span>Bureau Staff<\/span>
\n<\/span><\/p><\/blockquote>\n![\"\"](\"https:\/\/getnugg.com\/blog\/wp-content\/uploads\/2018\/04\/BCC-Highlight-1024x277.png\")
<\/a><\/span>
\n<\/span><\/p>\n