California’s laws regulating cannabis were substantially revised as of 2018 by comprehensive new legislation known as the Medicinal and Adult Use Cannabis Regulation and Safety Act.
MAUCRSA establishes a uniform licensing regime for both medical and adult-use cannabis effective Jan 1, 2018. Consisting of two separate bills sponsored by the Governor’s office, SB 94 and AB 133, MAUCRSA supplants prior legislation known as MCRSA (formerly MMRSA), which applied only to medical cannabis. It also makes adjustments to California’s legalization law, the Adult Use of Marijuana Act (AUMA) a.k.a. Prop 64, consistent with the intent of the initiative.
Licenses under MAUCRSA are to be issued according to regulations promulgated by the Bureau of Cannabis Control and its affiliated agencies, the Department of Food and Agriculture (for cultivation) and the Department of Public Health(for manufacturing, packaging and labeling). Information is posted at the California Cannabis Portal.
Existing, non-licensed medical marijuana collectives, which are currently authorized by state law SB 420, will cease to be lawful starting one year after the Bureau posts a notice that it has begun licensing (HSC 11362.775(d-e). After that, the only gardens that will be legal without a state license will be individual personal-use gardens or collective gardens for up to five patients, subject to state law and local control. By Prop 215, medical patients and caregivers will still be entitled to grow however much is required for their personal medical needs. Non-medical growers are limited to six plants per residence by AUMA.
SUMMARY OF MAUCRSA
MAUCRSA adopts the same basic framework as MCRSA/MMRSA, but with a number of significant revisions. In particular, MAUCRSA:
Under Prop 215, patients are still entitled to grow and possess whatever amount of marijuana is consistent with their medical need, though this is subject to local limits and land-use restrictions, including bans.
As previously mandated by MCRSA, California’s current SB 420 law authorizing collective medical cultivation is scheduled to sunset one year after the Bureau gives notice that it is issuing
licenses (December 2018). From that point forward, unlicensed commercial medical cannabis collectives will have no explicit legal protection under California law.
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