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California Municipal Law Blog
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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,

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,

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,