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California Municipal Law Blog
category:
Proposition 215

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,

Court Clarifies When Financial Contributions to Medical Marijuana Collective Are Lawful

by on August 28, 2014

posted in Law Enforcement, Medical Marijuana, Proposition 215,

Local governments in California—and especially law enforcement agencies—know all too well the many myths that pervade the medical-marijuana movement.  From the notion that California has “legalized” marijuana for medical purposes (those who legitimately use marijuana are only given immunity from prosecution) to the claim that dispensary operators can act as “caregivers” for their often numerous members (the State Supreme Court has clearly ruled otherwise) misperceptions abound about the proper interpretation of California’s landmark Proposition 215 and its companion legislation, ... Continue Reading

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tags: Law Enforcement, Medical Marijuana, Medical Marijuana Program Act, MMPA,