California tries to clarify its marijuana rules
June 16, 2017
As part of the state budget bill, the California Legislature passed a new set of marijuana rules that includes allowing marijuana samplings, according to the new rules that passed the state Senate and moved onto Gov. Jerry Brown’s desk on Thursday.
In accordance with Proposition 64, the state plans to begin issuing licenses for medical marijuana businesses next year. When that occurs, individual dispensaries will be allowed to sell marijuana to both medical patients and recreational users.
Dispensaries, though, will have to obtain separate licenses for medical and recreational sales, according to a legislative analysis published by the Senate. Additionally, cities and counties reserve the authority to ban medical and/or recreational dispensaries.
The state’s new cannabis rules also address delivery services, which will continue to be permitted, as well as numerous other issues, including taxation, marijuana sampling, impaired driving and carrying open containers.
Under Prop. 64, the state will collect taxes on both marijuana cultivation and sales. Farmers will pay $9.35 per ounce of flowers and $2.75 per ounce of leaves. Marijuana buyers will pay a 15 percent sales tax.
California’s new rules will allow the distribution of samples of marijuana and pot-related products at county fairs and district agricultural associations. Only individuals 21 years and older will be allowed to try the samples.
In order to begin addressing the expected problem of impaired driving, the state will contract a marijuana research agency to conduct a study on pot’s impact on motor skills. Additionally, the state budget bill allocates $3 million for CHP training on drug recognition.
As for transporting marijuana in vehicles, suspects found with open marijuana or marijuana products inside a car will receive an infraction. However, patients carrying a state medical ID card or doctor’s recommendation will be exempt from the open marijuana container rule.
One issue the state has largely yet to resolve is marijuana safety. The state budget bill says medical pot growers and caregivers urge the Department of Pesticide Regulation to provide guidance on whether pesticides currently used at most medical grow sites are safe for use on marijuana that is intended for human consumption.
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