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City and County’s Land Use Rights vs. Cannabis Licensing Businesses

admin • May 18, 2021

Note: See Senate Bill 94 (January 11 th , 2017) and Assembly Bill 110 (June 9 th , 2017) regarding the definition,  clarification and additions of licensing laws under, AUMA, Prop 64, MCRSA, AB226, etc.

As a result of AB266 and AUMA (Adult-Uses Of Marijuana Act Prop 64). Every county and city has the discretion to either allow licensing or not; for the distribution, manufacturing etc. or ban entirely all cultivation of marijuana/cannabis. However, as a result of Prop 64, this no longer includes denying those in California (Adults over 21) from growing 6 live plants and possessing an ounce, or 8 grams of hash, and the amounts that result from the growing of the six plants. Also Prop  215 (Compassionate Use Act) remains in effect, which allows patients and their caregivers to grow any amount reasonably necessary for the patient’s current medical needs. 

The locations below have licensing as of this time, however there is licensing  in many locations, may be limited to medical patients and often do not include the numerous other  categories of licensing provisions under AB266 and Prop 64: 

Check county or city websites for updates. 

Call my office for a consultation regarding the latest opportunities of licensing 

Partial List Per Current Regulations (Additional Locations Occur Often) 

  • ADELANTO 
  • DESERT HOT SPRINGS
  • COACHELLA 
  • COALINGA  
  • MONTEREY COUNTY
  • GONZALES 
  • SALINA 
  • SANTA CRUZ COUNTY
  • SANTA CRUZ 
  • WATSONVILLE 
  • GREENFIELD 
  • KING CITY 
  • HUMBOLT COUNTY
  • LA MESSA  
  • COSTA MESSA 
  • PERRIS  
  • CITY OF SAN BERNARDINO
  • RIO DELL 
  • STOCKTON 
  • LONG BEACH 
  • LYNWOOD 
  • CALIFORNIA CITY 
  • SAN LUIS FERGUSON
  • CALIFORNIA CITY
  • SAN BERNADINO
  • CITY OF LOS ANGELES
  • MAYWOOD 
  • INGLEWOOD  
  • RANCHO MIRAGE
  • CULVER CITY 
  • PALM SPRINGS 
  • SANTA MONICA 

Unfortunately only one in seven cities in the California allow recreational cannabis stores.  And only one in three allow for any kind of cannabis business at all. 

See my website 420Yoga.com for information regarding the historical and spiritual use of marijuana and for locations for classes and events (other venues will be listed).  

California Department Of Consumer Affairs, Bureau Of Cannabis Control Trailer Bill Legislation 

On April 4th 2017, the State of California Department of Consumer Affairs, Bureau of Cannabis Control released a  proposed trailer bill legislation that may be found Online that is the State’s laws regarding the enactment of AUMA. 

This will implement a new regulatory system that will govern the cannabis industry to protect public and consumer  safety. Although California has chosen to legalize Cannabis, under current Federal law it remains illegal as a Schedule 1  drug. Protecting against illegal diversion of cannabis inside and outside of the state is an important public safety issue,  which is why the state is implementing a robust track and trace program that will track cannabis from seed to sale.  Furthermore to protect public health and safety the state has assumed some food and drug responsibilities that would  normally fall to the federal government. These duties range from creating pesticide use guidelines for cannabis to  standardizing tetrahydrocannabinol (THC) levels in a product.  

Please refer to my website 420Laws.com for a link to the full 64-page Proposed Regulation Document

By admin 20 May, 2021
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By admin 18 May, 2021
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By admin 18 May, 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.
A yellow smiley face with brown eyes and a smile on it.
By admin 18 May, 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.
By admin 18 May, 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.
By admin 18 May, 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.
By admin 18 May, 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.
By admin 18 May, 2021
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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.
By admin 18 May, 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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