Cultivating marijuana in California was treated as a felony offense under Health and Safety Code Section 11358 before Proposition 64. A felony is a criminal offense punishable by serving one year or longer in prison.
Proposition 64 went into effect on January 1, 2018, making it legal for individuals 21 years or older to grow marijuana for recreational purposes. Additionally, the sale of marijuana has also been legalized for those business entities that have been licensed to do so.
The following is a list of crimes related to marijuana that has been affected by Prop 64 Adult Use of Marijuana Act:
Individuals convicted prior to the passing of Proposition 64 may apply for resentencing. Resentencing under Proposition 64 may lead to an immediate release from jail. However, this may be contigent on how much time you have served.
An individual can make an application to the court to have their sentence reduced. This is true for individuals who are currently serving time related to marijuana crimes they were convicted of before the passing of Proposition 64. Typically, judges presume that individuals applying for such a request have met the criteria for Proposition 64 resentencing. However, this may not be the case should the prosecutor oppose the petition by proving clear and convincing evidence that the individual does not meet the criteria for resentencing. However, judges are supposed to resent individuals so long as the individual does not pose an unreasonable risk of danger to public safety.
Are you in need of legal advice or services from an attorney? We invite you to contact our Los Angeles criminal defense attorney at (310) 943-1171 for assistance. KAASS Law is always standing by and ready to provide legal assistance.
The State of California requires cultivators to gain local approval before they consider giving them a license. Local ordinances can vary by municipality, and some areas do not permit marijuana cultivation at all, such as Fresno. While the process different depending on the area one wants to grow in, the city will generally ask that a cultivator provide a business plan, security plan, finance plan. Additionally they may request any other general information about the cultivation premises. This also includes the following environmental codes, which also can vary by city. Wastewater management, conservation regulations, and other environmental issues all fall under this.
According to Business and Professions Code 26050, there are 16 different types of cultivation/manufacturing licenses. Some of these must held simultaneously, depending on a variety of factors. The size of the space, number of plants, type of lighting and cannabis product will determine the licensing requirements. For bigger operations, the state grants limited in number. It is also possible for the state to limit the number of licenses in an area. This is occurs if the concentration of cannabis-related businesses becomes too high.
Business and Professions Code 26051.5 outlines the requirements for obtaining a license. One must provide fingerprint information and pass a background check. Documentation of the legal right to occupy the land, evidence that the operation follows local and statewide zoning ordinances, and a detailed description of the growing methods, business practice, quality control, and security. Lastly, given that the cultivation operation is meant for selling cannabis, not just for personal use, the cultivator will need to obtain a seller’s permit, which is outlined in Business and Professions Code 6001. The seller’s permit ID must be provided before obtaining any cultivation license. Choosing the type of cultivation/manufacturing license(s) one must obtain is dependent on the size of the cultivation project, whether the plants are grown inside or outside, and the type of cannabis product being made. For example, if a grower has a 7,500 square foot indoor operation, and also makes cannabis concentrates and hash, they must get a type 2a cultivation license, and also get a type 7 manufacturer’s license to make the concentrated products. When the type of license is chosen, the steps to obtain it are fairly consistent between them all. It requires one to follow all local ordinances, pass a background check, provide a business, security, and financial plan, and obtain a seller’s license. In addition to obtaining a license, it is important to comply with environmental, labor, and tax regulations. These issues are often underestimated, but they determine the legality and stability of a business.
Cannabis businesses are governed by the California Environmental Quality Act (CEQA). This law requires projects that may impact the environment to undergo a special environmental review. This includes: 1. water use analysis 2. changes to the landscape 3. pesticide use 4. electricity consumption All product must be tracked through the Metrc system, which provides transparency at all stages of product movement. Marijuana Cultivation companies must also hire environmental consultants to prepare reports. These reports are then submitted to the local authorities. In addition, if the farm uses natural bodies of water, it must register with the California State Water Resources Control Board. Violations in water use or waste disposal can result in heavy fines or denial of a license. It will also be required to install the following control systems for: 1. odor 2. energy use 3. wastewater
All growers and businesses are required to comply with state labor laws. This includes: 1. proper classification of employees 2. Payment of legal wages 3. compliance with occupational health and safety regulations 4. Carrying insurance for work-related injuries. If a company has more than 5 employees, it must also sign a labor peace agreement. This ensures that there is no opposition to unionization.
Cannabis producers are required to register with the California Department of Tax and Fee Administration (CDTFA). And, of course, pay all taxes on time, such as: 1. cultivation tax 2. excise tax 3. sales tax Failure to pay or pay on time can result in penalties, interest, and license suspension. To avoid such mistakes, it is advisable to work with an accountant. But be careful, an accountant should definitely have experience in the cannabis industry.
The State of California requires strict safety regulations to be followed at growing facilities. These include: 1. 24-hour video surveillance 2. fencing 3. alarm systems 4. access control If a company plans to transport cannabis between facilities, it must obtain a permit. All products must go through the Metrc system, which ensures transparency at every stage of product movement.
KAASS LAW FIRM provides legal services related to obtaining licenses and resolving zoning disputes. Timely referral to legal counsel helps avoid mistakes that can cost licenses and large fines.