marijuana

Can Counties Really Charge $10,000 Per Violation of County Zoning Ordinances?

As you may or may not be aware, Humboldt County is charging $10,000 per day per violation of County Codes related to unlicensed cannabis cultivation. Such violations include grading violations, building permit violations, and violations of the cannabis ordinance. The question is whether the County can really impose such a stiff penalty and what statute authorizes such a penalty? The short answer is likely no, the County does not have authority under the California Government Code to impose such a penalty.
 

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Change in Definition of Mixed Light Cultivation of Cannabis

On July 13, 2018, the California Department of Food and Agriculture (CDFA) published its proposed regulations in the California Regulatory Notice Register, the first step toward adopting non-emergency regulations. The publication begins the formal rulemaking process and marks the opening of the 45-day public comment period.
 
An important change in the proposed rules is the definition of mixed light. Under the current emergency regulations, adopted in December of 2017 and readopted June 2018, the definition of mixed light cultivation is:

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Local Permitting Requirement Change to State Cannabis License Law

Yesterday, June 27, Governor Jerry Brown signed into law Senate Bill No. 94. Senate Bill No. 94 amends the Medical Cannabis Regulation and Safety Act and the Adult Use Cannabis Act (MCRSA) to create a single regulatory framework for both medical and recreational cannabis.
 
The bill amends MCRSA significantly by repealing the vertical integration requirements under MCRSA, amends the tax structure for cannabis, directs the California Department of Food and Agriculture to promulgate standards for “organic” cannabis and “origin” standards for cannabis.
 

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The Final Countdown: Planning Department Accepting Applications Until Friday 12/30 at 4 P.M.

Ever since Humboldt County passed its Commercial Medical Marijuana Land Use Ordinance, establishing a framework for cultivators, manufacturers, testers, dispensaries, distributors, and transporters (whew!) to apply for local land use permits, one date in particular has loomed large: December 31, 2016.  Well, New Year’s Eve falls on a Saturday, so make that date December 30, instead.  Two weeks from Friday the Planning Department will accept the last applications for permits under the ordinance. 
 

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Proposition 64 Eliminates Drug Registration in Cannabis Cases

The passage of Proposition 64 in California has changed more than the class of offense for certain cannabis crimes.  It was specifically designed to be retroactive, permitting reductions in prior sentences, credit for time served, potential reduction in prior fines, and even outright destruction of certain records.
 
Another little discussed change in the law after Proposition 64 is the right for persons with cultivation, possession for sale, and transportation convictions to be relieved of any further duty to register.
 

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California Passes Proposition 64

Last Tuesday, California passed Proposition 64 with fifty-six percent (56%) voting in favor of legalizing the recreational use of marijuana in California. Proposition 64 allows adults aged 21 years or older to possess and use marijuana for recreational purposes. The measure created two new taxes, one levied on cultivation and the other on retail sales. The cultivation tax is $9.25 per ounce for flowers and $2.75 for leaves. Medical marijuana sales and cultivation are excepted. The sales tax is 15% on the retail sale of marijuana.

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