MMRSA: Senate Bill No. 643 Reconciliation
Medical Marijuana Regulation and Safety Act The effect of this bill is to reconcile the Senate’s legislation with two Assembly Bills on medical marijuana, AB 243 and AB 266. Senate Bill No. 643 • CHAPTER […]
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MMRSA: Assembly Bill 266 Regulations
Medical Marijuana Regulation and Safety Act The effect of this Assembly Bill is to regulate the production and distribution of marijuana and marijuana products for medical use in California. [And, in the process, AB266 eliminates all […]
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MMRSA: Assembly Bill 243 Licensed cultivation
Medical Marijuana Regulation and Safety Act The effect of this bill is to regulate the agricultural aspects of medical marijuana production, to license cannabis cultivation and to exempt small personal medical marijuana grows to 100 […]
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Prop. 215 Compassionate Use Act
Proposition 215 Compassionate Use of Medical Marijuana Act Passed as a statutory initiative by California voters in November 1996, Proposition 215 was the first effective medical marijuana law in the nation. The CUA allows a […]
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MMPA, Senate Bill SB 420, California Cannabis Program
Medical Marijuana Program Act, State Patient ID System, Safe Harbor, Collective Defense (repealed in MMRSA) Safe Access Now sees many beneficial sections in the bill, including that it empowers communities to adopt scientific guidelines. Fortunately, […]
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Local ordinances do not pre-empt medical immunity
Kirby v Fresno “We conclude that the provision in the ordinance that classifies the cultivation of medical marijuana as a misdemeanor is preempted by California’s extensive statutory scheme addressing crimes, defenses and immunities relating to […]
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Localities can ban personal medical marijuana gardens
Maral, et al., v Live Oak “Accordingly, we conclude the CUA [Proposition 215] and MMP [SB 420] do not preempt a city’s police power to prohibit the cultivation of all marijuana within that city. ” […]
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State laws do not shield patients from federal prosecution
Gonzalez v. Raich The text of the 2005 US Supreme Court decision reversing the 2003 Ninth Circuit Court of Appeals ruling that the Interstate Commerce Clause of the US Constitution does not reach medical marijuana […]
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California legislated possession limits unconstitutional
People v. Kelly: Voters allowed patients any reasonable amount of cannabis “Although the jury was properly instructed that defendant could possess an amount of marijuana reasonably related to his current medical needs, the prosecutor improperly […]
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California cannabis patients entitled to reasonable amount
People v. Trippet “The rule should be that the quantity possessed by the patient or the primary caregiver, and the form and manner in which it is possessed, should be reasonably related to the patient’s […]