New California Laws - Good/Bad/Ugly?

mottzerella

New Member
Newbie here - just working on setting up my first grow, and then WHAM Governor Brown drops this legal bomb in October that lays out a whole new set of rules governing the cultivation, distribution, and sale of MMJ statewide to take affect starting Jan 1 2016.

The new CA laws

While I'm not an experienced grower, as someone with an inherent distaste for government bureaucracy I have somewhat mixed feelings about these new regulations.

For the TL;DR folks:

1) There is a whole new set of licenses that can be obtained that cover everything from various types of cultivation, testing, mfg of tinctures/edibles etc., transportation, and dispensaries.

2) The laws create a new entity called "distributors" which are not clarified much but my political sense tells me that this is one of those places where the government will insert it's shitty spike of inefficiency

3) New tax >_<

4) Licenses are not restricted to patients

5) Laws start on 1/1/16, but any entities operating under the old paradigm are allowed to continue their operations until 2018 pending the approval of their license.

If you are a MMJ patient in CA, I HIGHLY recommend that you read these new laws because they will have a direct impact on all of us. But more importantly, I want to know - what do you all think? Is this good, bad, or neutral for Californian MMJ patients? What do you think the impact will be? Will this help or hinder the ability for small growers to support themselves?
 
Hi Mottzerella,

Maybe I can help clarify the laws on distributors...

AB 266 sets out the requirements for distributors. Distributors take the product from manufacturer to dispensary. They also bring it to labs for testing (a new requirement). A distributor MUST get a Type 11 (distributor) license, hold a Type 12 (transporter) license and register each location where the product is stored for the purposes of distribution. Important to note, a distributor CAN'T HOLD ANOTHER LICENSE in a cultivation, manufacturing, dispensing, or testing license category. And distributor CAN'T OWN or have an ownership interest in a licensed facility. Generally, Distributors end up having a pretty important role under the MMRSA.

And in regards to your question about the MMRSA hindering small growers, it definitely does. Out of all the growers currently operating in CA, it's projected that only 30% will remain once the laws go into effect!
 
Does anyone know who we contact to find out where the yes zones are. They are going to have no zones and I am waiting now to buy land. I need delivery/grow yes... anyone? Apparently Guadeloupe is a no zone. And whats the value of the grow card. I am supposed to renew by the first or the doc don't even know what they are doing for next year. I am sure I will renew but has anyone heard anything? I been sitting on mine for ico in. I do not have a store so I am in compliance. I cooperate fully by not doing any business. LOL
 
Newbie here - just working on setting up my first grow, and then WHAM Governor Brown drops this legal bomb in October that lays out a whole new set of rules governing the cultivation, distribution, and sale of MMJ statewide to take affect starting Jan 1 2016.

The new CA laws

While I'm not an experienced grower, as someone with an inherent distaste for government bureaucracy I have somewhat mixed feelings about these new regulations.

For the TL;DR folks:

1) There is a whole new set of licenses that can be obtained that cover everything from various types of cultivation, testing, mfg of tinctures/edibles etc., transportation, and dispensaries.

2) The laws create a new entity called "distributors" which are not clarified much but my political sense tells me that this is one of those places where the government will insert it's shitty spike of inefficiency

3) New tax >_<

4) Licenses are not restricted to patients

5) Laws start on 1/1/16, but any entities operating under the old paradigm are allowed to continue their operations until 2018 pending the approval of their license.

If you are a MMJ patient in CA, I HIGHLY recommend that you read these new laws because they will have a direct impact on all of us. But more importantly, I want to know - what do you all think? Is this good, bad, or neutral for Californian MMJ patients? What do you think the impact will be? Will this help or hinder the ability for small growers to support themselves?

From the point of view of a person growing for personal use, the law will eliminate the theoretical possession conundrum I am experiencing. In So Cal my 3 legal for meds kush plants were perfectly legal while growing with a 6-plant limit. They are curing and will produce an estimated 4 lbs when the curing completes, way above the possession limit. The new law will fix that contradiction for me. Once the herb is jarred and put away in the dark cool place to complete curing, any reasonable suspicion rationale for an illegal (4th A.) police seizure blows away into the wind as do my healing vapors.
 
Newbie here - just working on setting up my first grow, and then WHAM Governor Brown drops this legal bomb in October that lays out a whole new set of rules governing the cultivation, distribution, and sale of MMJ statewide to take affect starting Jan 1 2016.

The new CA laws

While I'm not an experienced grower, as someone with an inherent distaste for government bureaucracy I have somewhat mixed feelings about these new regulations.

For the TL;DR folks:

1) There is a whole new set of licenses that can be obtained that cover everything from various types of cultivation, testing, mfg of tinctures/edibles etc., transportation, and dispensaries.

2) The laws create a new entity called "distributors" which are not clarified much but my political sense tells me that this is one of those places where the government will insert it's shitty spike of inefficiency

3) New tax >_<

4) Licenses are not restricted to patients

5) Laws start on 1/1/16, but any entities operating under the old paradigm are allowed to continue their operations until 2018 pending the approval of their license.

If you are a MMJ patient in CA, I HIGHLY recommend that you read these new laws because they will have a direct impact on all of us. But more importantly, I want to know - what do you all think? Is this good, bad, or neutral for Californian MMJ patients? What do you think the impact will be? Will this help or hinder the ability for small growers to support themselves?



The New laws (MCRSA) have actually been horrible for the California industry as of lately. The attempt at putting regulation into place currently with the new MCRSA has given power to the local cities and counties to decide whether they want to permit and regulate, ban or leave the decisions up to the state. When this law was first enacted, there was a mistake on the legislation, where a date of March 31st, 2016 was the date that all cities and counties had to decide whether they would regulate, ban or let state control their zoning.

Well this resulted in approximately 95% of all California cities banning cannabis business, and many of the cities, especially in Socal banning personal grows (even for medical), banning dispensaries, deliveries and pretty much giving full control to the city and county governments. The adding of the March 31st date was a mistake and late spring Gov Jerry Brown eliminated the deadline, but it was too late as almost all California cities banned any cannabis business to be a "placeholder" in order to allow for them to possibly regulate it later in the future, preventing the state from taking control. There are only about 10-15 cities out of 490 something cities in California that will be allowing for commercial cannabis business. Almost all southern California cities have banned all aspects of the industry, including personal grows, deliveries, dispensaries.... which are legal under prop 215. Now operating any cannabis business including collectives can be locally regulated, and you NEED to have a local permit to operate... City of Riverside Vs. Inland Empires Patients Health and Wellness Center.

This has been horrible for medical marijuana patients as most of the dispensaries and collectives are disappearing. Land grabs are fierce since there is very few cities even allowing for permits at this time and the few areas that are permitting cannabis businesses property has gone up so high in price that only big time money and corporations can afford to be in business.

So for the medical patient, the personal grower and the small time brick and mortar mom and pop dispensaries its a nightmare, but for already established brands with millions in operating capital, big investors and corporations its great for... pretty much anyone with millions of dollars to invest its in their favor, and the little guys are counted out...

Even current dispensaries like the ones that fall under the Pre ICO or regulation D in Los Angeles may now have to close their doors as being Pre ICO does not grandfather these dispensaries into the new licensing system. LA is trying to figure out how to deal with this but those dispensaries who have been operating within the law, by the cities guidelines, and probably forked over a lot of money to be compliant are now in jeopardy of losing out, as well as the thousands of patients they represent.

Also, the state will be issuing many different license types, but none of the costs are mentioned yet... so what if they say, you need to pay $100,000 for a yearly license... who has that kind of money?

Overall the intention was to be good for California, to help move the industry into a more regulated format...but you can see that most of the new rules were written in favor of tax money and big business.


Very important to know that since MMRSA and MCRSA were both passed without voter approval, from what I hear there is a large lawsuit going on which challenges the legality of these new laws... the problem is if AUMA or PROP 64 pass, it validates MCRSA as well as adds more restrictions, more penalties, taxes, regulation and even more moves the industry towards a big money industry. I suggest everyone READ and UNDERSTAND AUMA/PROP 64 before voting, and I know I will be voting NO this November!
 
I've been (naively) musing about independent growers occupying a a quality niche in the mj world analogous to craft brewers that flourish in CA. But the progression of corporations taking over our economy enabled by corrupt pols suggests to my that they will push even more rigorous "enforcement" of these new laws to suppress legitimate competition. At this point in my life I grow only for personal use and pleasure growing affords. I also don't obey stupid laws. Whether legalization passes now or later there's no choice but to fight back.
 
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