California Municipal Law Blog

California
Municipal Law Blog

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

Tag Archives: Medical Marijuana

New State Legislation Merges 2015 Marijuana Legislation Into 2016’s Proposition 64

Posted in Medical Marijuana
The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA or the “Act”) contains portions of the Medical Cannabis Regulation and Safety Act (MCRSA) that do not conflict with the Adult Use of Marijuana Act (AUMA) along with a variety of provisions designed to create a single, comprehensive regulatory system for commercial cannabis activity and… 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