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AUMA Prop 64 (Adult Use Marijuana Act 2016) Licensing Provisions

admin • May 18, 2021

Note: See Senate Bill 94 MAUCRSA (January 11 th , 2017) regarding the definition, clarification  and additions of licensing laws under, AUMA, Prop 64, MAUCRSA, AB226, etc.

LICENSE TYPES: Under Prop 64, the license types are: 

(1) Type I = Cultivation; Specialty outdoor; Small – same as  MRCSA (Formally MMRSA), AB266 etc. 

(2) Type IA == Cultivation; Specialty indoor; Small – same  as MRCSA 

(3) Type IB = Cultivation; Specialty mixed-light; Small –  same as MRCSA 

(4) Type 2 = Cultivation; Outdoor; Small – same as MRCSA (5) Type 2A = Cultivation; Indoor; Small – same as MRCSA 

(6) Type 2B = Cultivation; Mixed-light; Small – same as  MRCSA 

(7) Type 3 = Cultivation; Outdoor; Medium – same as  MRCSA 

(8) Type 3A = Cultivation; Indoor; Medium – same as  MRCSA 

(9) Type 3B = Cultivation; Mixed-light; Medium – same as  MRCSA 

(10) Type 4 = Cultivation; Nursery – same as MRCSA 

(11) Type 5 = Cultivation; Outdoor; Large – not available  till 2023 

(12) Type 5A =Cultivation; Indoor; Large – not available till  2023 

(13) Type 5B = Cultivation; Mixed-light; Large – not avail able till 2023 

(14) Type 6 = Manufacturer 1 – same as MRCSA (15) Type 7 = Manufacturer 2 – same as MRCSA (16) Type 8 = Testing – same as MRCSA 

(17) Type 10 = Retailer – same as MRCSA 

(18) Type 11 = Distribution – mandatory requirement  in Prop 64, there is simply no restriction against it being  owned by holders of other licenses as there is in the MCR SA. Micro business type licensees can also do their own  distribution. 

(19) Type 12 =Microbusiness (MCRSA’s type 12 license for  transportation, which is not required under Prop 64)  

 

The requirements in an application for a city and  county include: 

The exact requirements may vary by local city and county  jurisdiction. Typically, they fall into the following areas: 

Some cities and counties will require more than the below,  and some will not require documents to support each of  these categories. 

  (1) Business plan: a business plan that outlines the  objectives and operating structure of the company as  well as the key management and officers will be required.  The plan will also require projected operating costs and  revenues, planned relationships with suppliers and/ or distributors, and an operational overview of how the  business will work and what will be accomplished in the  first 12-24 months. 

(2) Zoning and Land Use: Is the property far enough  from sensitive use areas? Is it in the correct zoning for land  use purposes according to the municipal or county code  (manufacturing, industrial, commercial vs. residential)? 

The state law requires that any marijuana business be at  least 600 feet from a school. Some local jurisdictions have  also included parks, day care centers, and areas where  youth congregate as “sensitive use.” Additionally, some have  required 1,000 feet of distance. Also note that federal law  has enhanced criminal penalties for marijuana distribution  within 1,000 feet of schools. 

(3) Security plan: many applications require a detailed  security plan that shows alarms, personnel and strategy  relating to securing the premises for retail (dispensaries) or  cultivation operations. 

(4) Insurance: some applications will require that you  show proof of insurance for your operation. 

(5) Site plans: some applications will require you to hire  a civil engineer or architect to draw up site plans for your  cultivation operation. 

(6) Environmental impact / Waste management: some  applications will require a waste management plan and/ or statement of water usage and how potential adverse  consequences will be avoided. 

(7) Live Scan / Criminal History : Some jurisdictions will  require a live scan of the applicants and a disclosure of  any criminal history. Some have written the laws so that  you will only be disqualified if your prior criminal history  involves a crime of moral turpitude. Other regulations state  that past marijuana crimes will not count against you so  long as they were non-violent. However, check with your  local jurisdiction. 

(8) Tax Returns : some jurisdictions require prior tax returns  for the persons involved and the entity, if it has been in  operation in the past.

Possession of up to an ounce

By admin • May 20, 2021
Reductions and Dismissals of Prior Marijuana Felonies  As of November 8, 2016, with passage of Prop 64., it is now Legal to Possess (and Give) an ounce of Marijuana & 8 grams of Hashish; California Health & Safety Code § 11362.1, 11362.45;  LAW: POSSESSION, BY ADULTS OVER 21, OF AN OUNCE OR LESS OF MARIJUANA […] The post Possession of up to an ounce first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Possession of Over an Ounce

By admin • May 18, 2021
California Health & Safety Code § 11357;  Except as authorized by the law*, possession of not more than 28.5 grams of marijuana, or not more than four/ eight grams* of concentrated cannabis, or both, shall be punished or adjudicated as follows:  ALL ADULTS 21 OVER IN CALIFORNIA   LAW: POSSESSION OF OVER AN OUNCE OF MARIJUANA […] The post Possession of Over an Ounce first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Possession for Sale

By admin • May 18, 2021
California Health & Safety Code § 11359 b MISDEMEANOR LAW: POSSESSION FOR SALE IS A MISDEMEANOR UNDER MOST   CIRCUMSTANCES: To sell means to exchange any amount of marijuana or  hashish for anything of value. Note that “giving away” up to an ounce of marijuana  is legal in the State of California involving adults over the age of […] The post Possession for Sale first appeared on The Law Offices Of Bruce M. Margolin, ESQ.
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Cultivation

By admin • May 18, 2021
California Health & Safety Code §11362.2 & §11358 Misdemeanor /Felony  LAW: Cultivation of up to 6 live plants of Marijuana is legal per residence for adults  over 21; and you may posses whatever amounts have been previously grown, and  harvested (also in the residence).  Note from Bruce: You may want to keep the root-balls as evidence that […] The post Cultivation first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Driving Under the Influence (DUI) When Impaired

By admin • May 18, 2021
Vehicle Code 23152e CA  PROP 64 DID NOT AMEND OR CHANGE LAWS REGARDING MARIJUANA DUI PROSECUTION   LAW: Even though possession of Marijuana is legalized, it remains unlawful to drive while under  the influence of marijuana or any drug if impaired to the degree that one is unable to operate a  motor vehicle safely.  PENALTY: For […] The post Driving Under the Influence (DUI) When Impaired first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Drug Testing and Employment

By admin • May 18, 2021
Unfortunately notwithstanding the passage of Prop 64 (AUMA), the legalization of marijuana/cannabis in some instances, employers may still refuse to hire and fire persons that use marijuana/cannabis. California NORML has sponsored pending legislation, that will provide protections for patients from lose of  employment.  Ross v. Raging Wire Telecom [42 Cal. 4th 920 (2008)]- CA Supreme Court […] The post Drug Testing and Employment first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Forfeiture of Money and Property

By admin • May 18, 2021
California Health & Safety Code §11470(e) Forfeiture laws allow state and federal governments to seize money and property that  are proceeds of, or are used to, facilitate illicit drug activity. Forfeiture proceedings are  usually filed separately from the criminal case in which the “defendant” is the money  or property itself. The owner must file a […] The post Forfeiture of Money and Property first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

How to Avoid a Marijuana Possession Conviction for 18-21 Years of Age

By admin • May 18, 2021
11357(b) H&S (And Save Your Driver’s License While Doing So)  Note from Bruce: Under California law, anyone younger than 21 years old who is convicted of a marijuana offense will lose his/her driver’s license for one year, even if the offense is not driving related; this is subject to the discretion of the Judge.   DEFERRED […] The post How to Avoid a Marijuana Possession Conviction for 18-21 Years of Age first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Destruction of Arrest and Conviction Records

By admin • May 18, 2021
California Health & Safety Code §11361.5 Removing and   Expungement (PC §1203.4 ) of your Marijuana Conviction   California law requires all governmental agencies to automatically destroy any records of marijuana possession  charges and any records of charges for giving away or transporting up to one ounce of marijuana two years after  the date of conviction or […] The post Destruction of Arrest and Conviction Records first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Deferred Entry of Judgment (DEJ) = Dismissal

By admin • May 18, 2021
PC §1000 & 100.94 (LA County) Charges for the possession of marijuana or hashish and for the cultivation of  marijuana for personal use can be dismissed through successful completion of  Deferred Entry of Judgment. DEJ is not applicable to charges involving possession  for sale or transportation unless the marijuana is for personal use. The defendant  must plead guilty to […] The post Deferred Entry of Judgment (DEJ) = Dismissal first appeared on The Law Offices Of Bruce M. Margolin, ESQ.
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