Top Reasons to Obtain the State Medical Marijuana Identification Card
In 2015, the Legislature passed and the Governor signed into law three bills (Assembly Bills 243 and 266, and Senate Bill 643) that create a licensing and regulatory framework for medical cannabis through the Medical Cannabis Regulation and Safety Act.
This legislation created the Bureau of Medical Cannabis Regulation within the Department of Consumer Affairs. It also divided the responsibility for state licensing between three state entities – the CA Department of Food and Agriculture, the CA Department of Public Health and the Bureau of Medical Cannabis Regulation, with the Bureau designated as the lead agency in regulating the cannabis industry in California.
Our shared responsibility is to establish statewide standards that protect consumers, the environment and public safety.
In addition, on November 8, 2016, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA) was passed by voters as Proposition 64. AUMA legalizes the adult use of cannabis by persons 21 years of age and older.
The regulatory framework for recreational cannabis is in the process of being developed and will be available later this year.
BUREAU OF MEDICAL CANNABIS REGULATION
HOW TO GET INVOLVED IN THE REGULATORY PROCESS
The Bureau of Medical Cannabis Regulation (Bureau) is creating new regulations to clarify and define existing law. These regulations will be implemented under the Administrative Procedure Act. During the public comment period of the regulatory process, all interested individuals are encouraged to participate by submitting comments regarding the proposed regulations.
As of Nov. 9th it became legal for any adult 21 years or older to:
• Possess, transport, obtain or give away to other adults 21 or older no more than one ounce of marijuana or 8 grams of concentrated cannabis.
• Cultivate up to six plants per residence and possess the marijuana produced by these plants. All plants and harvest in excess of one ounce must be kept in a locked space not in public view at one’s residence. Local governments may still forbid cultivation outdoors, but must allow it inside a private residence or accessory structure that is “fully enclosed and secure.”
• Medical marijuana patients keep their existing rights under Prop 215 to possess and cultivate as much as they need for personal medical use so long as they have a doctor’s recommendation, regardless of the Prop 64 limits for adult users. Beware though that local government may still restrict cultivation via nuisance ordinances (except for the six indoor plant minimum allowed for personal use).
• Retail sales for adult use will not begin until licensed stores are in operation after Jan 1, 2018. In the meantime, Prop 215 patients with a doctor’s recommendation can continue to purchase at medical collectives and dispensaries.
• Tax Tip for 215 Patients: Patients who have a state medical marijuana ID card will be exempt from the state sales tax immediately, according to the State Board of Equalization. If you spend more than $100 per month on medicine, it should pay you to get a state ID card. State ID cards are available from county health departments;under Prop 64 the card fees are capped at $100 ($50 for Medi-Cal patients).
Under Prop 64, you may NOT:
• Consume marijuana in any public place ($100 infraction). (On-site consumption at licensed premises will be permitted at a later date.)
• Smoke or vaporize marijuana in any non-smoking area or within 1,000 feet of a school, day care or youth center while children are present, except privately at a residence. ($250 fine)
• Consume marijuana or possess an “open container” of marijuana while driving or riding as a passenger in any motor vehicle, boat, or airplane ($250 fine).
• Possess or use marijuana on the grounds of a school, day care or youth center while children are present. ($100 fine).
• Manufacture concentrated cannabis with a volatile solvent (except for state-licensed manufacturers).
• Minors under 21 may not possess, use, transport, or cultivate marijuana, subject to a $100 fine for those 18 and older. Minors under 18 are subject to drug counseling or community service.
• Possession of more than one ounce remains a misdemeanor punishable by $500 and/or six months in jail as at present.
-Other offenses, including cultivation of over six plants, transport of over an ounce, illegal sale or distribution for compensation, possession with intent to sell, etc., are downgraded from felonies to misdemeanors except in certain aggravating circumstances.
*Additional information available at www.canorml.org
I urge all my patients to read this bill and support Sen. Mark Leno’s bill SB 1182. Please click on link to see SB 1182.
Please click on the link for more information.
If you are a New Patient and would like to see Dr. Hopkins. Please make an appointment. If you are planning to come in as a walk in please call the office so we can explain to you what to bring with you.