Beverly Hills Lawyer Breaks Down Marijuana Offenses In California

The Effect Of Proposition 64

On Election Day 2016, the voters of California approved Proposition 64, making it legal for adults in the state (21 and over) to posess and smoke marijuana. As of this writing, the full effects of Proposition 64 have not yet been felt by our citizens. But big changes are coming, which affects both Business and Criminal Defense Clients.

First and foremost-- Cannabis is now somewhat legal. But in the words of Vincent from Pulp Fiction-- "It's legal but it ain't a hundred percent legal. I mean, you can't walk into a restaurant, roll a joint and start puffing away. You're only supposed to smoke in your home or in certain designated places".

Proposition 64 has spawned a new regulatory agency-- the Bureau of Marijuana Control (formerly the Bureau of Medical Marijuana Regulation), which will implement the regulations that Proposition 64 envisions. As of this writing, adults over 21 may possess up to 1 ounce of marijuana flowers, or up to 8 grams of marijuana concentrate, or up to 6 mature marijuana plants. However, one cannot buy or sell marijuana yet. Indeed, you cannot buy marijuana from a person or collective that is licensed under California's medical marijuana laws. Therefore, marijuana is still decidedly a grey-market (or perhaps still a black-market) item.

A Business Opportunity For You?

The reason you can't buy or sell marijuana yet is because the Bureau of Marijuana Control has not yet issued licenses to companies interested in getting into the marijuana business. The law envisions a total of eighteen different marijuana-related licenses. From indoor small scale cultivation to transporters to distributors to retailers-- the marijuana business will be heavily regulated. More importantly, one person or entity can only hold a certain number of those eighteen licenses. The State does not want the marijuana business to be vertically integrated.

Despite California's new law, the Federal government may still preempt California law and arrest any person in possession of marijuana. Therefore, persons interested in entering this fast-growing industry must consult with an experienced attorney well versed in this new law. To set up your initial consultation, contact us today.