Cultivation Bans Will be Retained Under New CA Laws

[Al Botross]

A non-profit entity charged with advancing local policy has issued a set of guidelines that outline the steps for regulation as well as outright bans of medical marijuana cultivation throughout California. The guidelines, issued by the League of California Cities, come as the state prepares to iron out the details of three bills known as the Medical Marijuana Regulation and Safety Act. AB 266, AB 243 and SB 643 were signed into law by Governor Jerry Brown in September and represent the first attempt to create a regulatory system for medical marijuana since it was legalized by voters in 1996. While the implementation of these bills still very much in motion, the league is pushing for cities to take action prior to March 1, 2016, when the state will become the sole licensing authority for the commercial cultivation of medical marijuana.

March 1, 2016 has been erroneously cited by various sources as the date when the state will assume complete control over medical marijuana regulations. However, the law office of Robert Raich said through a spokesperson that the deadline only establishes a state-run licensing authority in regards to cultivation and does not interfere with other city powers to regulate or prohibit medical cannabis though methods such as zoning and nuisance abatement after the March deadline has passed.

In a FAQ regarding the new laws, the League of California Cities outlines that cities are within their legal rights to enact total bans on medical cannabis cultivation. Citing a 2014 case in which the California Supreme Court upheld a decision to permit local cities and counties to ban personal cultivation, Maral v. Live Oak, the organization reiterates that these bans can prevent the cultivation of small amounts of medical marijuana for personal use by qualified patients. The new laws, in this way, will retain “access deserts” that allow certain areas of the state to opt out of allowing patients to grow their own medicine as outlined in Proposition 215. Thinking towards the upcoming changes in California state law cities, such as San Marcos, have already taken steps to ban the cultivation, sale and delivery of medical marijuana.

The Medical Marijuana Regulation and Safety Act is set to take effect on Jan.1, 2016



http://cannabisnowmagazine.com/curr...ation-bans-will-be-retained-under-new-ca-laws

 

[Cashew]

I dont like cannabis being stamped as a medicine, its not a medicine its much more then that.It has its medicinal properties but its to easy to downplay the importance of legalizing pot.Because everybody and there momma knows alot of times medicinal is thrown in the mix to boost the plants credibility with ???.Alot of the times they throw in the medicinal and everybody know's its just a ploy, f that legalize it.Neil Armstrong already died terrorist hit the twin towers.But bud is still illegal are people scared or what is it ? People not the governement people are scared what else could it be.

 

[_tessarecting]

Does this mean plant count numbers and square limits in place, unamnended by 3/1, are to transfer over into being conpatible with state law? How does this work?

Is it true to get a state license one needs aporoval from their county? Or does it just have to be somewhere that hasnt banned cultivation? This part confuses me.

Still we have until 1/1/18 to show we are ...or figure out what it means to be...in compliance

 

[God bless]

Thank you. God bless

 

[TranceAddictT7]

Yes and in Los Angeles under current and new law only PRE-ICOs will be allowed to operate. 135 shops for all of LA. They also have an outright immunity to the annual licenses required by everyone else in the state until 2026. The amount of money the PRE-ICOs are making is enough to have a powerful sway in how these laws are being written. They've effectively created a monopoly and now the state is behind them. Really unfortunate for everyone else unless some type of amendments are made (though I highly doubt it). The ballot measures for Nov 2016 look mostly to recreational use so I don't know how that will all play out.

 

[ExoticsRus]

Like micro brewing is but also anything small scale should be allowed . If sold should require just like anything else but not
Monopolize it into this cause it will just prove (falsely ) that this was the only "safe" way to give or do this. Which that's a bunch of shit when someone should be able to grow their own corn or tobaccoo without a license or lab test as Long as they are not selling it. Oh wait they do

 

[deepthinker]

What County are you guys in and what are their rules expected to be?

 

[stoned-trout]

theres quite a few places that have already banned cultivation of any kind..including where I used to live long ago ..NATIONAL CITY..glad I moved before it happened..fuck em I say ...I will grow anyhow reguardless of the law...yeehaw...the more they ban it the more prices will rise again...I never lost any sleep when i was an illegal grower..i don't feel anyone has the right to ban a plant and take in god we trust off the money you fucks!!!!!!!!!!!!!!!!!!

 

[minds_I]

^^^ yeah that



Well except the yeehaw. no yeehawing

 

[jump /injack]

"In a FAQ regarding the new laws, the League of California Cities outlines that cities are within their legal rights to enact total bans on medical cannabis cultivation. Citing a 2014 case in which the California Supreme Court upheld a decision to permit local cities and counties to ban personal cultivation, Maral v. Live Oak, the organization reiterates that these bans can prevent the cultivation of small amounts of medical marijuana for personal use by qualified patients."

Prop. 215 took it out of the hands of the Countries to stop cultivation. How can a court decision overrule Prop. 215 which became a part of the Constitution of California; they can't. I don't believe a country or city has any right to outlaw cultivation of medical use cannabis. My opinion only, does anyone have a different understanding of this?

 

[stoned-trout]

its already happening ...you prob would be spending years fighting it from chino state prison....yeehaw..i grew before med mj and will still after they take my right to grow away...but i might as well move back to florida then,,, as prices,, err donations would be higher....lol...i do think san diego will be one of the last places to ban cultivation tho...i can toss a rock at the nearest dispensary literally...grows outside already have to be in greenhouses ..so their already hidden from view and locked up tight .mine is patrolled by a german shepard and she is mean.....when the rules get ugly all those who registered might regret it..if your on a list your easy to round up or watch.....ha ha

 

[Lochinvar]

Does this mean plant count numbers and square limits in place, unamnended by 3/1, are to transfer over into being conpatible with state law? How does this work?

Is it true to get a state license one needs aporoval from their county? Or does it just have to be somewhere that hasnt banned cultivation? This part confuses me.

Still we have until 1/1/18 to show we are ...or figure out what it means to be...in compliance

yes, county must be on board before the state will even deal with you. that is why we are working with our counties right now. your county is god in this situation. too bad so many counties eat bags of dicks. uninformed, worthless county officials are the enemy.