As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law.
Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.
Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.
As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law.
Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.
Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.
Posted in Drug FAQ'S,General FAQ'S on December 17, 2015
In October, California got some updated marijuana legislation. The three bills that passed are collectively known as the “California Medical Marijuana Regulation and Safety Act” (MMRSA). While this doesn’t open up marijuana laws for recreational use, it does put some clear definition on how medical marijuana is regulated at the state level, while allowing local governments to maintain a certain level of independence.
Medical Marijuana Delivery is Coming Soon
One of the spotlight regulations to come out of the act is known as Assembly Bill 266. Under it, licensed dispensaries can deliver marijuana products to healthcare practitioners and patients who hold a prescription. Any local jurisdiction that does not wish to participate has the option to opt out of delivery services and, if they do permit the activity, adjust taxation as necessary.
Anyone who carries marijuana as part of the delivery process will need to carry a copy of the dispensary license, a government identification card, and a delivery manifest. Each delivery service will use a tracking system to ensure the product gets into the hands of the rightful patient.
What this Means for Dispensaries and Patients
The new regulation will change how marijuana is handled in the state. What was once a gray area now features a list of rules that patients and dispensaries must follow to keep their licenses. As a result, some dispensaries may lose their licensing and some patients may no longer have access to medical marijuana. While some may bemoan these tighter restrictions, the new regulation also means the marijuana that is distributed will adhere to specific quality control guidelines.
Other Important Changes in the MMRSA
In addition to dispensary changes, the act also changes laws of cultivation, processing, and transportation. Licensing changes for dispensaries will begin on January 1, 2018, giving businesses the opportunity to operate normally for the next two years. The act recognizes 17 different business licenses that cultivators, dispensaries, and other marijuana companies will have to maintain.
Under the act, qualified patients will still have the ability to grow their own marijuana under certain space and with some restrictions. In the future, the act will also allow businesses to cultivate and distribute the marijuana products for profit, regardless of their resident status in the state.
New Laws Represent a Brave New World for Marijuana Users
Although the bill has been signed into law, it will be some time before the effects of the act trickle down to individual parties in the marijuana supply chain. The most important thing that patients and marijuana industry professionals can do right now is familiarize themselves with the changes taking place and research how it will affect them individually.
Some people have already questioned whether the law does enough to decriminalize marijuana for recreational users. Unless you are a qualified user, cultivator, or business in the marijuana trade, the criminal laws surrounding marijuana possession and use still apply. Less than an ounce is a minor infraction, and attempting to fraudulently gain access to deliveries or steal delivered marijuana will be considered a criminal offense.
California’s laws are more lenient than other state laws regarding marijuana, but your personal beliefs about marijuana legalization do not change how an illegal activity is viewed by the state.
Because the laws regarding marijuana usage vary from state to state, some may be unfamiliar with California’s laws regarding its use. If you have been charged with a marijuana-related crime, you will need the guidance of an experienced criminal attorney who is familiar with the current laws and how they apply. For more information about marijuana laws in California or to get started, call the Graham Donath Law Offices, APC.