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California Municipal Law Blog
category:
Medical Marijuana

New State Legislation Merges 2015 Marijuana Legislation Into 2016’s Proposition 64

by on July 16, 2017

posted in Medical Marijuana,

The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA or the “Act”) contains portions of the Medical Cannabis Regulation and Safety Act (MCRSA) that do not conflict with the Adult Use of Marijuana Act (AUMA) along with a variety of provisions designed to create a single, comprehensive regulatory system for commercial cannabis activity and product sale, testing, distribution, and enforcement.  ... Continue Reading

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tags: Adult Use of Marijuana Act, Marijuana, Medical Cannabis Regulation and Safety Act, Medical Marijuana, Medicinal and Adult-Use Cannabis Regulation and Safety Act, Proposition 64,

What Will Marijuana Legalization Mean for Local Government?

by on October 5, 2016

posted in Elections, Initiatives, Medical Marijuana, Proposition 215,

On September 26, 2016, the Daily Journal published our article, “What pot legalization would mean for local governments.”  The article discusses the issues local government will address if Proposition 64 passes this November (which is expected).  This article can be accessed at the following link:  What Will Pot Legalization Mean  ... Continue Reading

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tags: Local Government Regulation, Marijuana Legalization, November 2016 Election, Proposition 64,

Paying Medical Marijuana Dispensary Taxes Doesn’t Violate Constitutional Privilege Against Self-Incrimination

by on July 25, 2016

posted in Medical Marijuana, Proposition 215,

When cities tax medical marijuana dispensaries, does the requirement that dispensary operators pay the taxes violate the constitutional privilege against self-incrimination? No, says a California appellate court. In City of San Jose v. Medimarts, Inc., the Sixth District Court of Appeal held that a corporate entity and its president could not invoke the Fifth Amendment privilege on the ground that paying the tax may subject them to criminal liability under federal law, which—at least on the books—criminalizes all transactions involving marijuana, even for medical purposes. The court’s decision ... Continue Reading

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tags: Collective Entity Doctrine, Fifth Amendment, Local Taxes, Medical Marijuana, Right Against Self-Incrimination,

Summary of Important New Laws Affecting Local Agencies in 2016

by on January 28, 2016

posted in CEQA, Damages, Elections, Employee Benefits, Employment Law, Ethics, Legislative Updates, Medical Marijuana, Proposition 215, Public Records Act, Water, Zoning,

The following laws are effective January 1, 2016, unless otherwise provided.  These legislative changes were selected as those of importance and/or interest to public agencies.  ... Continue Reading

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tags: 2016 Legislative Session, California Legislature, New laws,

November 2014 Election: Marijuana Sees Big Losses in Rural California

by on January 19, 2015

posted in Elections, Medical Marijuana,

Efforts to legalize marijuana continued to pick up steam in last November’s elections with voters in Oregon, Alaska, and Washington, D.C., approving legalization measures.  Most expect California voters to follow suit in 2016. Considering this trend, one is tempted to conclude that marijuana is on an unstoppable winning streak at the polls.  A closer look reveals this may not be the case. In November, voters in three rural counties defeated measures intended to repeal or relax local marijuana cultivation standards.  All three measures were supported by patient advocates who claimed the ordinances ... Continue Reading

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tags: Election, Initiatives, Marijuana Legalization, Referendums, Rural California,

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