California Municipal Law Blog

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Municipal Law Blog

Legal updates on current legislation and court cases affecting California local government

Category Archives: Proposition 215

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What Will Marijuana Legalization Mean for Local Government?

Posted in Elections, Initiatives, Medical Marijuana, Proposition 215
On September 26, 2016, the Daily Journal published our article, “What pot legalization would mean for local governments.”  The article discusses the issues local government will address if Proposition 64 passes this November (which is expected).  This article can be accessed at the following link:  What Will Pot Legalization Mean… Continue Reading

Paying Medical Marijuana Dispensary Taxes Doesn’t Violate Constitutional Privilege Against Self-Incrimination

Posted in Medical Marijuana, Proposition 215
When cities tax medical marijuana dispensaries, does the requirement that dispensary operators pay the taxes violate the constitutional privilege against self-incrimination? No, says a California appellate court. In City of San Jose v. Medimarts, Inc., the Sixth District Court of Appeal held that a corporate entity and its president could not invoke the Fifth Amendment… Continue Reading

Court Clarifies When Financial Contributions to Medical Marijuana Collective Are Lawful

Posted in Law Enforcement, Medical Marijuana, Proposition 215
Local governments in California—and especially law enforcement agencies—know all too well the many myths that pervade the medical-marijuana movement.  From the notion that California has “legalized” marijuana for medical purposes (those who legitimately use marijuana are only given immunity from prosecution) to the claim that dispensary operators can act as “caregivers” for their often numerous… Continue Reading