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What types of Medical Marijuana Regulations Can You Expect in California?

Did you familiarize yourself with the proposed regulations for the marijuana industry in California? In May, the Bureau of Medical Cannabis Regulation released its first draft of regulations. As we discussed previously, these regulations were pulled and will not go into effect.  We do anticipate, however, that some regulations will go into effect and new potential regulations will likely cover similar topics. Here’s what we expect. 

Limits on Amounts

The previously proposed regulations limited each medical marijuana patient to obtain up to eight ounces per day. However, with an appropriate doctor’s note, there were exceptions available. 

Those proposed regulations prohibited free samples. In addition, dispensaries would have been required to keep a log of all nonemployees who enter the building. While the amount may not stay at eight ounces per day, we do expect regulations to limit amounts and provide for exceptions. 

Transportation

The regulations included restrictions on the transportation of medical marijuana. Bicycle transportation was prohibited as well as the use of drones. In fact, the regulations prohibited transportation of medical cannabis through air, water, rail, drone, human-powered vehicles and unmanned vehicles. Medical marijuana could not be delivered to public property and drivers would have been prohibited from carrying more than $3,000 worth of cannabis. Similar to limits on amounts, the numbers may change but expect for there to be strict regulations on how much and what method may be used to transport marijuana. 

Licensing

The regulations addressed licensing, requiring labor peace agreements, prohibiting certain government employees from obtaining a license and where dispensaries could be located. We expect any future regulations to address these issues as well as childproof packaging and other details required to keep children safe. 

The regulations also addressed who actually files for a license. Owners and managers would have been required file an application for licensure and the regulations spelled out who owners and managers were, by definition. The regulations also discussed what information would be required in an application. We expect future regulations to be detailed on the issue of licensing. 

We expect to see some new developments in proposed regulations in the fall. If you are involved in the medical cannabis industry, stay up to date on these developments. We’re here to help you navigate the licensing and compliance process. 

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Wit of Mandate - the official blog of Simas & Associates, Ltd., is made available by Simas & Associates, Ltd. to the general public for educational purposes only.  Specifically, the entries contained within Wit of Mandate are designed to provide the general public with general information concerning California and Federal law.  Wit of Mandate does not provide specific legal advice and does not create an attorney-client relationship between the reader and Simas & Associates, Ltd.  Wit of Mandate is not an effective or appropriate substitute for obtaining legal advice from a qualified attorney licensed in your state with experience in your practice area or forum of law.

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