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 … Read More
City of Eureka Passes Medical Marijuana Land Use Ordinance
On September 20th, the Eureka City Council voted 3-2 to allow medical marijuana businesses to operate within the city limits. The California Coastal Commission must still approve the planned changes to the municipal code and the local coastal plan, with implementation expected by the middle of next year assuming it is approved. The provisions will allow a variety of new business … Read More
Court Hands Major Victory to the Medical Marijuana Industry
In a major victory for those distributing and cultivating medical marijuana, the Ninth Circuit Court of Appeals, in United States v McIntosh, et. al. (August 16, 2016) has held that, at least for the time being, those who comply with the medical marijuana laws of their state cannot be prosecuted by the Department of Justice for federal crimes. In the McIntosh case, five co-defendants allegedly … Read More
Marijuana Tax on Local Ballots This November
Earlier this week, the Humboldt County Board of Supervisors voted 4-1 in favor of placing a proposed marijuana tax measure on local ballots this November. The measure, if approved, would add ordinances to the Humboldt County Code effectuating a tax on commercial marijuana cultivation operations. The proposed tax due for each cultivation operation depends on the size of the grow … Read More
Permitting Existing Cultivation Sites Under Humboldt County’s Medical Marijuana Land Use Ordinance
Under Humboldt County’s Medical Marijuana Land Use Ordinance (MMLUO), existing cultivator sites can be permitted. The permit path for existing cultivation sites depends on two things: the size of the existing grow, and the evidence demonstrating the grow was in existence prior to January 1, 2016. Existing grows 5,000 square feet or less can be permitted with a zoning clearance … Read More
Bureau of Medical Marijuana Regulation Informational Sessions May 11 in Arcata
Wednesday, May 11, the California Bureau of Medical Marijuana Regulation will offer two identical informational sessions at the D Street Neighborhood Center in Arcata, located at 1301 D Street. Janssen Malloy LLP attorneys will be attending the first session, from 4:30-5:45 pm. A second session will take place from 6:15-7:30 pm. These informational sessions are open to the public and … Read More
The County’s Big Cleanup: Retirement, Remediate, and Relocate
Humboldt County’s recently passed Medical Marijuana Land Use Ordinance (MMLUO) includes a provision to encourage growers to come out of the hills and relocate medical marijuana cultivation sites from marginally productive and environmentally sensitive areas to parcels more suitable for agricultural production. Under Section 55.14.4 of the MMLUO, cultivation sites located on parcels zoned TC, FR, TPZ, U, RA, AG or … Read More
Janssen Malloy LLP Sponsors Cannabis Farmer’s Workshop Series
Janssen Malloy LLP is proudly sponsoring the Mad River Alliance and EPIC’s Cannabis Farmer’s Workshop Series. Together with Humboldt Green and California Grower’s Association, the local organizations are bringing to Northern California a series of six Cannabis Farmers Compliance Workshops. The workshops and companion notebook are designed to provide the necessary resources for regional farmers to implement steps to come … Read More
Proposed Local Zoning Regulations Regarding Medical Marijuana: What’s Being Proposed?
Changes are coming to local regulation of the medical marijuana industry. Both the Humboldt County Board of Supervisors and the Arcata City Council are both considering ordinances governing the cultivation, manufacturing, and retail distribution of medical marijuana here on the North Coast. In response to the enactment of SB 643, AB 266, and AB 243, Humboldt County released a draft … Read More
Governor Signs Marijuana Regulation Bills
On October 9, 2015, Governor Jerry Brown signed a package of bills to regulate the medical marijuana industry in California: AB 266 establishes the state medical marijuana bureau and gives it sole authority to issue, suspend or revoke licenses for the transportation, distribution and sale of the drug. AB 243 requires marijuana farmers to obtain licenses through the state Department … Read More
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