A Guide to the Changes Coming to Cannabis Law in California

California is rapidly moving cannabis out of an unregulated gray area into a very black and white but highly regulated commercial arena. This began with the passage by the legislature in late 2015 of the Medical Marijuana Regulation and Safety Act (MMRSA), which created for the first time a black and white licensing scheme and a specific scheme of commerce for cannabis businesses in California. Then, the voters voted to legalize recreational cannabis under the Adult Use of Marijuana Act (Prop 64, or AUMA). AUMA both created a licensing system that was parallel to but very different from the medical licensing in MMRSA and also reduced or eliminated penalties for most cannabis crimes, both prospectively and retroactively.

Licensing under both AUMA and MMRSA was scheduled to begin at the start of 2018—an ambitious schedule. In April 2017, several agencies in charge of enforcing the new cannabis licensing schemes issued draft regulations for medical cannabis businesses. Then, in June, the legislature threw a monkey wrench into the process, passing the Medical and Adult Use Cannabis Regulation and Safety Act (SB 94, or MAUCRSA). The new act eliminated the differences in licensing between the medical and recreational sides but maintained a distinction between the two. The act also meant that the draft regulations had to be withdrawn.

Today, as 2017 begins to wind down, the state of California cannabis law is as much in flux as it has ever been. New regulations governing cannabis businesses are due out shortly, and the state is still aiming to start issuing licenses at the start of 2018. Cities and counties can make the ultimate decisions regarding commercial cannabis activity being allowed in their jurisdictions, and cities and counties throughout the state are creating and refining cannabis ordinances and licensing schemes almost on a daily basis.

Meanwhile, those who have previously been convicted of cannabis crimes suddenly have opportunities to clean up their records. And there are new methods of enforcement and different civil and criminal penalties than ever before being levied against people who are operating in the same ways that had been legal for the past decade.

Whether you are a cultivator or an entrepreneur, the Law Office of Samuel D. Berns, Inc. can help guide you through the upcoming changes to cannabis law in California. We have always advocated for cannabis-reform through different organizations, such as Americans for Safe Access and California Cannabis Industry Association (CCIA). If you live in Placer County or the surrounding areas, call 530-212-0468 for a consultation. You can also fill out our contact form online.