California Recreational Cannabis Laws

 

Read every relevant California Cannabis Law defined with our unique descriptions, easy navigation, and concept organization by a San Diego Lawyer – TO MAKE IT EASY FOR YOU TO COMPLY.

Learn how to comply with the new age of recreational marijuana in California.

 

Our Analysis of Prop 64 / AUMA - To Make It EASY FOR YOU!

We did NOT include the full “list’ of laws of Prop 64/AUMA but rather information that we’ve picked, reviewed, labeled, and organized according to what we think is most relevant for the emerging legal Cannabis community.

Instead, we’ve added our own unique descriptions of each relevant Cannabis law with easy and organized navigation!

TWI brings a legal perspective for marijuana tokers and growers, both new initiates and experienced. The TWI user page provides a review of California Recreational Marijuana Laws, what’s currently legal, and (most importantly, what’s NOT legal for weed initiates. The Weed Initiate was created by a San Diego lawyer to bring a white collar approach to a former black market. Enjoy and let us know if you have any questions.

We’ve presented only the laws that will be valuable to a California recreational cannabis grower and toker.

RECENT UPDATES - California Recreational Cannabis Laws

Prop 64, a.k.a th Adult Use of Marijuana Act (AUMA), which passed in November 2016 changed, added, or deleted a bunch of already existing laws – it isn’t a set of laws in and of itself. So if you’re wondering why it says “Health and Safety Code” or “Business and Professions Code” in Prop 64, it’s because those are the parts of the California Law which were changed and affect Californians.

You can go find the full legal text anywhere or read through Prop 64 if you want – we’re trying to save you from a killer migraine. If you want to know something and it’s not listed here, send us a message! We’ll keep updating the laws in this transitional time and look forward to your comments.

Business owners, you may have heard of the new bill MAUCRSA that came out on December 7, 2017 – these primarily affect businesses and investors. California set the bare minimum guidelines for CA Recreational Marijuana Laws but you should also realize that every city and county is able to implement their own laws which may be more restrictive, increase penalties, or outright ban marijuana to a certain extent and California State Marijuana laws has already deferred enforcement and punishments to local jurisdictions. Sign up here for a business compliance check

If you’re under 21, my advice is just be nowhere near weed.

 

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FINALLY! California Marijuana Laws Organized with Helpful Lawyer Commentary

 

We have reviewed and categorized the most relevant California Cannabis laws (http://leginfo.legislature.ca.gov) for you to learn how to best comply with the new age of recreational marijuana in California. As the laws are revised we will continue to update and improve the information on this California Cannabis Laws page.

Please contact us if you have any questions about our interpretations or if we could help explain further.

Last Verified January 29, 2018

Read the Recreational Cannabis Laws in California

How to sort through CA Recreational Cannabis Laws: Click on the category that you want to explore and click on the health and safety code (HSC) drop down to see the law text. We have written an explanation of what this law means to you. If further reading is available on our site, than there will be a link to learn more.

  • 1. Definitions
  • 2. Personal Use
  • 3. Possession
  • 4. Cultivation
  • 5. Packaging and Labeling
  • 6. Taxes
  • 7. Punishment
  • 8. Restrictions
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  • 1. HSC 11018 - Cannabis aka "Marijuana"
     

    California Health and Safety Code Section 11018

    “Cannabis” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include either of the following:

    (a) Industrial hemp, as defined in Section 11018.5; or

    (b) The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.

    What does this mean? Basically Cannabis is EVERYTHING from the plant, including indica and ruderalis strains.

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  • 2. HSC 11018.1 - Cannabis Products
     

    California Health and Safety Code Section 11018.1

    “Cannabis products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

    What does this mean? Cannabis Products is basically anything that is made from shatter, distillate, whatever you want to call it!

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  • 3. HSC 11018.2 - Cannabis Accessories
     

    California Health and Safety Code Section 11018.2

    "Cannabis accessories” means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.

    What does this mean? Pretty much anything that touches Cannabis is an accessory. This would include if you were making butter in a jar at home - that jar is now a cannabis accessory!

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  • 4. HSC 11362.3(b)(2) - Smoke aka Toke
     

    California Health and Safety Code Section 11362.3(b)(2)

    (b) For purposes of this section, the following definitions apply:

    (2) “Smoke” means to inhale, exhale, burn, or carry any lighted or heated device or pipe, or any other lighted or heated cannabis or cannabis product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoke” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in a place.

    What does this mean? If its got THC and you are inhaling it, You're a smoker, you're a joker, you're a midnight toker.

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  • 5. HSC 11362.3(b)(3) - Volatile Solvent
     

    California Health and Safety Code Section 11362.3(b)(3)

    (b) For purposes of this section, the following definitions apply:

    (3)  “Volatile solvent” means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.

    What does this mean? As it Says!

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  • 6. HSC 11018.5 - Industrial Hemp
     

    California Health and Safety Code Section 11018.5

    (a) “Industrial hemp” means a fiber or oil seed crop, or both, that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.

    (b) The possession, use, purchase, sale, cultivation, processing, manufacture, packaging, labeling, transporting, storage, distribution, use and transfer of industrial hemp shall not be subject to the provisions of this division or of Division 10 (commencing with Section 26000) of the Business and Professions Code, but instead shall be regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.

    What does this mean? Cannafornians should know that Industrial Hemp is not Cannabis and is regulated by the Department of Food and Agriculture.

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  • 7. HSC 11029 - Production
     

    California Health and Safety Code Section 11029

    "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.

    What does this mean? As it says!

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  • 8. HSC 11030 - Ultimate User
     

    California Health and Safety Code Section 11030

    "Ultimate user" means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administering to an animal owned by him or by a member of his household.

    What does this mean? As it says!

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  • 9. HSC 11360(c) - Transport
     

    California Health and Safety Code 11360(c)

    For purposes of this section, “transport” means to transport for sale.

    What does this mean? As it Says!

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  • 10. HSC 11362.3(b)(4) - Youth Center
     

    California Health and Safety Code Section 11362.3(b)(4)

    (b) For purposes of this section, the following definitions apply:

    (4) “Youth center” has the same meaning as in Section 11353.1.

    What does this mean? Check HSC 11353.1

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  • 11. HSC 11353.1(e)(2) - Actual Youth Center
     

    California Health and Safety Code 11353.1(e)(2)

    "Youth center” means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

    What does this mean? As it says!

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  • 12. HSC 11362.3(b)(1) - Day Care Center
     

    California Health and Safety Code Section 11362.3(b)(1)

    (b) For purposes of this section, the following definitions apply:

    (1) “Day care center” has the same meaning as in Section 1596.76.

    What does this mean? Check HSC 1596.76

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  • 13. HSC 1596.76 - Actual Day Care Center
     

    California Health and Safety Code Section 1596.76

    “Day care center” means any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and schoolage child care centers.

    What does this mean? As it says!

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  • 14. HSC 11362.2(b)(5) - Private Residence, CA Home Grower
     

    California Health and Safety Code Section 11362.2(b)(5)

    (b)(5) For purposes of this section, “private residence” means a house, an apartment unit, a mobile home, or other similar dwelling.

    What does this mean? Cannafornians should understand what is a private residence, especially if you are growing!

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  • 1. HSC 11362.1(a)(4) - Right to Toke and Ingest
     

    California Health and Safety Code Section 11362.1(a)(4)

    (a) Subject to Sections 11362.2, 11362.3, 11362.4, and 11362.45, but notwithstanding any other provision of law, it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to:

    (4) Smoke or ingest cannabis or cannabis products; and

    What does this mean? Cannafornians have the basic right to use cannabis and its products!

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  • 2. HSC 11362.3(a)(1) - No Toking in Public
     

    California Health and Safety Code Section 11362.3(a)(1)

    (a) Section 11362.1 does not permit any person to:

    (1) Smoke or ingest cannabis or cannabis products in a public place, except in accordance with Section 26200 of the Business and Professions Code.

    What does this mean? Cannafornians CANNOT Toke or Eat Cannabis in public (unless it's a pot lounge).

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  • 3. HSC 11362.4(a) - Penalty for Public Toking
     

    California Health and Safety Code 11362.4(a)

    (a) A person who engages in the conduct described in paragraph (1) of subdivision (a) of Section 11362.3 is guilty of an infraction punishable by no more than a one-hundred-dollar ($100) fine; provided, however, that persons under the age of 18 shall instead be required to complete four hours of a drug education program or counseling, and up to 10 hours of community service, over a period not to exceed 60 days once the drug education program or counseling and community service opportunity are made available to the person. [emphasis added for under 18 Violations]

    What does this mean? Cannafornians who toke in public (or even get caught eating a weed brownie) will receive:

    $100 Fine
    Under 18 then you'll receive 10 hours of community service within 60 days and 4 hours of D.A.R.E.

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  • 4. HSC 11362.1(a)(2) - Personal Concentrated Cannabis Rights
     

    California Health and Safety Code Section 11362.1(a)(2)

    (a) Subject to Sections 11362.2, 11362.3, 11362.4, and 11362.45, but notwithstanding any other provision of law, it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to:

    (2) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than eight grams of cannabis in the form of concentrated cannabis, including as contained in cannabis products;

    What does this mean? Cannifornians have the right to PPPTOG, Possess, Process, Purchase, Transport, Obtain, or Give Away up to 8 grams of concentrated cannabis.

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  • 5. HSC 11362.3(a)(2) - No Smoking Zones are No Toking Zones
     

    California Health and Safety Code Section 11362.3(a)(2)

    (a) Section 11362.1 does not permit any person to:

    (2) Smoke cannabis or cannabis products in a location where smoking tobacco is prohibited.

    What does this mean? Cannafornians can't toke in Tobacco Free zones.

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  • 6. HSC 11362.3(a)(3) - Toking Near Schools and Children
     

    California Health and Safety Code Section 11362.3(a)(3)

    (a) Section 11362.1 does not permit any person to:

    (3) Smoke cannabis or cannabis products within 1,000 feet of a school, day care center, or youth center while children are present at the school, day care center, or youth center, except in or upon the grounds of a private residence or in accordance with Section 26200 of the Business and Professions Code and only if such smoking is not detectable by others on the grounds of the school, day care center, or youth center while children are present.

    What does this mean? Cannafornians Can't Toke within 1000 feet of schools unless they are undetectable in their house.

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  • 7. HSC 11362.4(b) - Penalty for No Smoking Zone, 1000 Ft of a School, Open Container
     

    California Health and Safety Code 11362.4(b)

    (b) A person who engages in the conduct described in paragraphs (2), (3), or (4) of subdivision (a) of Section 11362.3 is guilty of an infraction punishable by no more than a two-hundred-fifty-dollar ($250) fine, unless such activity is otherwise permitted by state and local law; provided, however, that persons under the age of 18 shall instead be required to complete four hours of drug education or counseling, and up to 20 hours of community service, over a period not to exceed 90 days once the drug education program or counseling and community service opportunity are made available to the person.[emphasis added for under 18 violations]

    What does this mean? $250 Fine for Toking in a No Smoking Zone, Within 1000 Feet of a School, or an Open Container while Driving, unless you are under 18.

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  • 8. HSC 11362.1(a)(5) - Personal Cannabis Accessories Rights
     

    California Health and Safety Code Section 11362.1(a)(5)

    (a) Subject to Sections 11362.2, 11362.3, 11362.4, and 11362.45, but notwithstanding any other provision of law, it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to:

    (5) Possess, transport, purchase, obtain, use, manufacture, or give away cannabis accessories to persons 21 years of age or older without any compensation whatsoever.

    What does this mean? Cannifornians have the right to PPTOUMG, Possess, Purchase, Transport, Obtain, Use, Manufacture, or Give away Cannabis Accessories.

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  • 9. HSC 11362.3(a)(5) - School Ground Toking is Permitted if...
     

    California Health and Safety Code Section 11362.3(a)(5)

    (a) Section 11362.1 does not permit any person to:

    (5) Possess, smoke, or ingest cannabis or cannabis products in or upon the grounds of a school, day care center, or youth center while children are present

    What does this mean? Cannafornians CAN smoke in School if no children are present.

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  • 10. HSC 11362.1(c) - Cannabis and Products are NOT Contraband
     

    California Health and Safety Code Section 11362.1(c)

    Cannabis and cannabis products involved in any way with conduct deemed lawful by this section are not contraband nor subject to seizure, and no conduct deemed lawful by this section shall constitute the basis for detention, search, or arrest.

    What does this mean? Cannafornians cannot be arrested, searched, or put in detention and their cannabis cannot be seized if they follow these California laws (at least by California Enforcement)

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  • 11. HSC 11361(a)-(b) - Penalty for Cannabis Interactions with Minors
     

    California Health and Safety Code Section 11361(a)-(b)

    (a) A person 18 years of age or over who hires, employs, or uses a minor in unlawfully transporting, carrying, selling, giving away, preparing for sale, or peddling any cannabis, who unlawfully sells, or offers to sell, any cannabis to a minor, or who furnishes, administers, or gives, or offers to furnish, administer, or give any cannabis to a minor under 14 years of age, or who induces a minor to use cannabis in violation of law shall be punished by imprisonment in the state prison for a period of three, five, or seven years.

    (b) A person 18 years of age or over who furnishes, administers, or gives, or offers to furnish, administer, or give, any cannabis to a minor 14 years of age or older in violation of law shall be punished by imprisonment in the state prison for a period of three, four, or five years.

    What does this mean?

    (a) Cannafornians using, doing business, or interacting with minors and cannabis, and especially those under 14 face up to 7 years in state prison.
    (b) Cannafornians using cannabis to interact with minors 14 years or older face up 5 years in state prison

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  • 12. HSC 11362.3(a)(7) - Drive High get a DUI
     

    California Health and Safety Code Section 11362.3(a)(7)

    (a) Section 11362.1 does not permit any person to:

    (7) Smoke or ingest cannabis or cannabis products while driving, operating a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.

    What does this mean? Cannafornians can't drive and toke or eat cannabis.

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  • 13. HSC 11362.3(c) - Compassionate Use Act not Affected
     

    California Health and Safety Code Section 11362.3(c)

    (c) nothing in this section shall be construed or interpreted to amend, repeal, affect, restrict, or preempt laws pertaining to the Compassionate Use Act of 1996.

    What does this mean? California Medical Cannabis laws are not affected by HSC 11362.3

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  • 14. HSC 11362.3(a)(8) - Passenger Getting High get a DUI
     

    California Health and Safety Code Section 11362.3(a)(8)

    (a) Section 11362.1 does not permit any person to:

    (8) Smoke or ingest cannabis or cannabis products while riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation except as permitted on a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation that is operated in accordance with Section 26200 of the Business and Professions Code and while no persons under 21 years of age are present.

    What does this mean? Cannafornians can't toke in personal vehicles for sure. Commercial vehicles maybe.

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  • 15. HSC 11362.3(a)(4) - No Open Containers While Driving
     

    California Health and Safety Code Section 11362.3(a)(4)

    (a) Section 11362.1 does not permit any person to:

    (4) Possess an open container or open package of cannabis or cannabis products while driving, operating, or riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.

    What does this mean? Cannafornians can't have an open container of Cannabis in a vehicle.

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  • 16. HSC 11362.3(a)(6) - Be Careful when Making your Own Concentrated Cannabis
     

    California Health and Safety Code Section 11362.3(a)(6)

    (a) Section 11362.1 does not permit any person to:

    (6) Manufacture concentrated cannabis using a volatile solvent, unless done in accordance with a license under Division 10 (commencing with Section 26000) of the Business and Professions Code.

    What does this mean? Cannafornians can't use volatile solvents to make their own concentrated cannabis. Seriously though, check punishments because the worst revolve around this rule.

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  • 17. BPC 26153 - NO Free Give Away by Licensees
     

    California Business and Professions Code Section 26153

    A licensee shall not give away any amount of cannabis or cannabis products, or any cannabis accessories, as part of a business promotion or other commercial activity.

    What does this mean? Cannifornians should know that any licensee giving away free cannabis, products, or accessories to you to promote their business is doing so illegally. DON'T EXPECT FREEBIES. Businesses will have to find a new way to promote and execute cannabis advertising.

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  • 18. HSC 11362.4(d) - Basic Penalty for Volatile Solvent
     

    California Health and Safety Code 11362.4(d)

    (d) A person who engages in the conduct described in paragraph (6) of subdivision (a) of Section 11362.3 shall be subject to punishment under Section 11379.6.

    What does this mean? Cannafornians that use "Volatile Solvents" will receive:

    Up to 7 years of jail AND up to a $50,000 Fine

    We had to say this REALLY sucks, this is one of the worst punishments out there for Cannafornians!

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  • 19. HSC 11379.6(a)-(f) - Aggravated Penalties for Volatile Solvents
     

    California Health and Safety Code 11379.6(a)-(f)

    (a) Except as otherwise provided by law, every person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, five, or seven years and by a fine not exceeding fifty thousand dollars ($50,000).

    (b) Except when an enhancement pursuant to Section 11379.7 is pled and proved, the fact that a person under 16 years of age resided in a structure in which a violation of this section involving methamphetamine occurred shall be considered a factor in aggravation by the sentencing court.

    (c) Except when an enhancement pursuant to Section 11379.7 is pled and proved, the fact that a violation of this section involving methamphetamine occurred within 200 feet of an occupied residence or any structure where another person was present at the time the offense was committed may be considered a factor in aggravation by the sentencing court.

    (d) The fact that a violation of this section involving the use of a volatile solvent to chemically extract concentrated cannabis occurred within 300 feet of an occupied residence or any structure where another person was present at the time the offense was committed may be considered a factor in aggravation by the sentencing court.

    (e) Except as otherwise provided by law, every person who offers to perform an act which is punishable under subdivision (a) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years.

    (f) All fines collected pursuant to subdivision (a) shall be transferred to the State Treasury for deposit in the Clandestine Drug Lab Clean-up Account, as established by Section 5 of Chapter 1295 of the Statutes of 1987. The transmission to the State Treasury shall be carried out in the same manner as fines collected for the state by the county.

    What does this mean? Cannafornians can be punished by up to 7 years of Jail and $50,000 fine. The penalties are worse if:

    (b) There is an Under 16 Minor living there + Meth
    (c) Within 200 ft of anyone + Meth
    (d) 300 ft of anyone
    (e) If you offer to use volatile solvents, 3-5 years of Jail
    (f) In addition, all the fines go towards funding finding more violators.

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  • 20. BPC 26200(g)(1)-(3) - Pot Lounges for Retailers and Micro-business ONLY
     

    California Business and Professions Code Section 26200(g)(1)-(3)

    (g) Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met:
    '
    (1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age and older.
    (2) Cannabis consumption is not visible from any public place or nonage-restricted area.
    (3) Sale or consumption of alcohol or tobacco is not allowed on the premises.

    What does this mean? Cannifornians who want to go to a local pot lounge should realize that only retailers or microbusinesses are able to allow it. A microbusiness is if the location has 3 more licenses! In addition, it has to be 21+, not visible, and no sale or consumption of alcohol or tobacco is allowed.

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  • 21. BPC 26200(a)(1)-(2) - Information on Your Local Pot Businesses!
     

    California Business and Professions Code Section 26200(a)(1)-(2)

    (a)(1) This division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction.

    (2) This division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements.

    What does this mean? Cannifornians should know that your local government determines how cannabis-friendly your area will be. In fact, they can completely ban all cannabis businesses if they wanted to!

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  • 22. HSC 11362.4(c) - Penalty for Toking on School Grounds
     

    California Health and Safety Code 11362.4(c)

    (c) A person who engages in the conduct described in paragraph (5) of subdivision (a) of Section 11362.3 shall be subject to the same punishment as provided under subdivision (c) or (d) of Section 11357.

    What does this mean? Adult (18+) Cannafornians Toking on School Grounds will receive:
    A Misdemeanor AND
    1st Offense - $250 Fine
    2nd+ Offense - $500 and/or 10 Days of Jail.

    Minors (Under 18) Toking on School Grounds will receive:
    An Infraction AND
    1st Offense - 8 Hours of D.A.R.E. & 40 hours community service within 90 days.
    2nd+ Offense - 10 hours of D.A.R.E. & 60 hours of community service within 120 days.

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  • 23. HSC 11360(a)(2) - Basic Penalty for Importing Non-CA Cannabis
     

    California Health and Safety Code 11360(a)(2)

    (a) Except as otherwise provided by this section or as authorized by law, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any cannabis shall be punished as follows:

    (2) Persons 18 years of age or over shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment.

    What does this mean? Adult (18+) Cannafornians bringing in Cannabis from outside of California will receive:

    6 months in Jail and/or $500 Fine

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  • 24. BPC 26200(e) - Licensed Temporary Events are ok!
     

    California Business and Professions Code Section 26200(e)

    (e) This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair or district agricultural association event, provided that the activities, at a minimum, comply with the requirements of paragraphs (1) to (3), inclusive, of subdivision (g), that all participants are licensed under this division, and that the activities are otherwise consistent with regulations promulgated and adopted by the bureau governing state temporary event licenses. These temporary event licenses shall only be issued in local jurisdictions that authorize such events.

    What does this mean? Cannafornians can expect public cannabis events in 2018 and even potentially find more cannabis marketing activities!

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  • 25. HSC 11360(a)(3)(A)-(D) - Aggravated Penalties for Importing Non-CA Cannabis
     

    California Health and Safety Code 11360(a)(3)(A)-(D)

    (a) Except as otherwise provided by this section or as authorized by law, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any marijuana shall be punished as follows:

    (3) Notwithstanding paragraph (2), a person 18 years of age or over may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period two, three, or four years if:

    (A) the person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code;

    (B) the person has two or more prior convictions under paragraph (2);

    (C) the offense involved the knowing sale, attempted sale, or the knowing offer to sell, furnish, administer or give away cannabis to a person under the age of 18 years; or

    (D) the offense involved the import, offer to import, or attempted import into this state, or the transport for sale, offer to transport for sale, or attempted transport for sale out of this state, of more than 28.5 grams of cannabis or more than four grams of concentrated cannabis.

    What does this mean? Adult (18+) Cannafornians bringing in Cannabis from outside of California face additional penalties of up to 4 years of jail time if:

    (A) They were convicted of a serious felony as listed in Penal Code 667 (think felony and violence punishable by death) or is a sex offender.
    (B) Have been caught twice trying to import Cannabis into California
    (C) Involved a minor under 18 years old
    (D) Import or Expert of >28.5g of Cannabis or >4g of Concentrated Cannabis

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  • 26. BPC 26140(b) - 18 Year Old Undercover Cops
     

    California Business and Professions Code Section 26140(b)

    (b) Persons under 21 years of age may be used by peace officers in the enforcement of this division and to apprehend licensees, or employees or agents of licensees, or other persons who sell or furnish cannabis to minors. Notwithstanding any provision of law, any person under 21 years of age who purchases or attempts to purchase any cannabis while under the direction of a peace officer is immune from prosecution for that purchase or attempt to purchase cannabis. Guidelines with respect to the use of persons under 21 years of age as decoys shall be adopted and published by the bureau in accordance with the rulemaking portion of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

    What does this mean? Cannafornians can expect that every child is a walking police trap when it comes to cannabis and can receive some serious punishments.

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  • 27. HSC 11362.1(b) - Cannabis Accessories Federal Requirement
     

    California Health and Safety Code Section 11362.1(b)

    (b) Paragraph (5) of subdivision (a) is intended to meet the requirements of subdivision (I) of Section 863 of Title 21 of the United States Code (21 U.S.C. § 863(f)) by authorizing, under state law, any person in compliance with this section to manufacture, possess, or distribute cannabis accessories.

    What does this mean? Cannafornian Cannabis Accessories must meet federal requirements.

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  • 28. U.S.C. Title 21 §863 (f) - Federal Exemption
     

    United States Code, Title 21 §863

    (f)This section shall not apply to

    1. any person authorized by local, State, or Federal law to manufacture, possess, or distribute such items; or

    2. any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail or by any other means, and traditionally intended for use with tobacco products, including any pipe, paper, or accessory.

    What does this mean? If it is a Federally legal Tobacco Accessory, it's a legal Cannabis Accessory.

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  • 1. HSC 11362.1(a)(1) - Personal Cannabis Rights, PPPTOG
     

    California Health and Safety Code Section 11362.1(a)(1)

    (a) Subject to Sections 11362.2, 11362.3, 11362.4, and 11362.45, but notwithstanding any other provision of law, it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to:

    (1) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis

    What does this mean? Cannifornians have the right to PPPTOG, Possess, Process, Purchase, Transport, Obtain, or Give Away their cannabis.

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  • 2. HSC 11362.1(a)(3) - Right to Grow 6 Plants, CA Home Grower
     

    California Health and Safety Code Section 11362.1(a)(3)

    (a) Subject to Sections 11362.2, 11362.3, 11362.4, and 11362.45, but notwithstanding any other provision of law, it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to:

    (3) Possess, plant, cultivate, harvest, dry, or process not more than six living marijuana plants and possess the marijuana produced by the plants.

    What does this mean? Cannafornians have the right to grow up to 6 living plants at home and keep their harvest.

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  • 3. HSC 11362.2(a)(2) - If You Grew More than 28.5g, CA Home Grower
     

    California Health And Safety Code Section 11362.2(a)(2)

    (a) Personal cultivation of cannabis under paragraph (3) of subdivision (a) of Section 11362.1 is subject to the following restrictions:

    (2) The living plants and any cannabis produced by the plants in excess of 28.5 grams are kept within the person’s private residence, or upon the grounds of that private residence (e.g., in an outdoor garden area), are in a locked space, and are not visible by normal unaided vision from a public place.

    What does this mean? Cannafornians have the right to keep more than 28.5g from their home grown cannabis in their home in a (1)locked space (2)not visible from the public.

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  • 4. HSC 11362.1(a)(2) - Personal Concentrated Cannabis Rights
     

    California Health and Safety Code Section 11362.1(a)(2)

    (a) Subject to Sections 11362.2, 11362.3, 11362.4, and 11362.45, but notwithstanding any other provision of law, it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to:

    (2) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than eight grams of cannabis in the form of concentrated cannabis, including as contained in cannabis products;

    What does this mean? Cannifornians have the right to PPPTOG, Possess, Process, Purchase, Transport, Obtain, or Give Away up to 8 grams of concentrated cannabis.

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  • 5. HSC 11357(b)(2) - Penalty for Possession > Limits
     

    California Health and Safety Code 11357(b)(2)

    (b) Except as authorized by law, possession of more than 28.5 grams of cannabis, or more than eight grams of concentrated cannabis, shall be punished as follows:

    (2) Persons 18 years of age or older who possess more than 28.5 grams of cannabis, or more than eight grams of concentrated cannabis, or both, shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.

    What does this mean? Cannafornians walking around with more than 28.5g of Cannabis or 8g Concentrated Cannabis will receive:

    6 months in Jail and/or $500 Fine.

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  • 6. HSC 11359(b) - Basic Penalty for Possession for Sale
     

    California Health and Safety Code 11359(b)

    (b) Every person 18 years of age or over who possesses cannabis for sale shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment.

    What does this mean? Cannafornians possessing cannabis with intent to sell without a license will receive:

    Up to 6 months of jail and/or a $500 fine.

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  • 7. HSC 11359(c)(1)-(3) - Aggravated Penalties for Possession for Sale
     

    California Health and Safety Code 11359(c)(1)-(3)

    (c) Notwithstanding subdivision (b), a person 18 years of age or over who possesses cannabis for sale may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if:

    (1) the person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code;

    (2) the person has two or more prior convictions under subdivision (b); or;

    (3) the offense occurred in connection with the knowing sale or attempted sale of cannabis to a person under the age of 18 years.

    What does this mean? Cannafornians possessing Cannabis for Sale will receive up to 3 years of Jail Time if:

    (1) They were convicted of a serious felony as listed in Penal Code 667 (think felony and violence punishable by death) or is a sex offender.
    (2) Have been caught twice trying to sell their cannabis
    (3) Involved a minor under 18 years old.

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  • 8. HSC 11362.1(a)(5) - Personal Cannabis Accessories Rights
     

    California Health and Safety Code Section 11362.1(a)(5)

    (a) Subject to Sections 11362.2, 11362.3, 11362.4, and 11362.45, but notwithstanding any other provision of law, it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to:

    (5) Possess, transport, purchase, obtain, use, manufacture, or give away cannabis accessories to persons 21 years of age or older without any compensation whatsoever.

    What does this mean? Cannifornians have the right to PPTOUMG, Possess, Purchase, Transport, Obtain, Use, Manufacture, or Give away Cannabis Accessories.

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  • 9. HSC 11357(c)(1)-(2) - Penalty for Possession in School
     

    California Health and Safety Code 11357(c)(1)-(2)

    (c) Except as authorized by law, a person 18 years of age or older who possesses not more than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 to 12, inclusive, during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be punished as follows:

    (1) A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed.

    (2) A fine of not more than five hundred dollars ($500), or by imprisonment in a county jail for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed.

    What does this mean? Cannafornians Possession of any cannabis on school grounds will receive:

    1st Offense: $250 Fine
    2nd Offense: $500 Fine and/or 10 Days of Jail.

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  • 10. HSC 11362.1(c) - Cannabis and Products are NOT Contraband
     

    California Health and Safety Code Section 11362.1(c)

    Cannabis and cannabis products involved in any way with conduct deemed lawful by this section are not contraband nor subject to seizure, and no conduct deemed lawful by this section shall constitute the basis for detention, search, or arrest.

    What does this mean? Cannafornians cannot be arrested, searched, or put in detention and their cannabis cannot be seized if they follow these California laws (at least by California Enforcement)

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  • 11. HSC 11357(a)(2) - Penalty for Possession 18-20 < Limits
     

    California Health and Safety Code 11357(a)(2)

    (a) Except as authorized by law, possession of not more than 28.5 grams of cannabis or not more than eight grams of concentrated cannabis, or both, shall be punished or adjudicated as follows:

    (2) Persons at least 18 years of age but less than 21 years of age shall be guilty of an infraction and punishable by a fine of not more than one hundred dollars ($100).

    What does this mean? Cannafornians 18-21 without a cannabis card with less than 28.5g Cannabis or 8g Concentrated Cannabis will receive:

    An infraction AND $100 fine.

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  • 12. HSC 11357(b)(1)(A)-(B) - Penalty for Under 18 Possession > Limit
     

    California Health and Safety Code 11357(b)(1)(A)-(B)

    (b) Except as authorized by law, possession of more than 28.5 grams of cannabis, or more than eight grams of concentrated cannabis, shall be punished as follows:

    (1) Persons under the age of 18 who possess more than 28.5 grams of cannabis or more than eight grams of concentrated cannabis, or both, are guilty of an infraction and shall be required to:

    (A) Upon a finding that a first offense has been committed, complete eight hours of drug education or counseling and up to 40 hours of community service over a period not to exceed 90 days.

    (B) Upon a finding that a second or subsequent offense has been committed, complete 10 hours of drug education or counseling and up to 60 hours of community service over a period not to exceed 120 days.

    What does this mean? Minors (Under 18) possessing more than 28.5g of Cannabis or 8g of Concentrated Cannabis:
    Receive an Infraction AND
    1st Offense - 8 Hours of D.A.R.E. & 40 hours community service within 90 days.
    2nd+ Offense - 10 hours of D.A.R.E. & 60 hours of community service within 120 days.

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  • 13. HSC 11357(a)(1)(A)-(B) - Penalty for Under 18 Possession < Limits
     

    California Health and Safety Code 11357(a)(1)(A)-(B)

    Except as authorized by law, possession of not more than 28.5 grams of cannabis or not more than eight grams of concentrated cannabis, or both, shall be punished or adjudicated as follows:

    (1) Persons under the age of 18 shall be guilty of an infraction and shall be required to:

    (A) Upon a finding that a first offense has been committed, complete four hours of drug education or counseling and up to 10 hours of community service over a period not to exceed 60 days.

    (B) Upon a finding that a second offense or subsequent offense has been committed, complete six hours of drug education or counseling and up to 20 hours of community service over a period not to exceed 90 days.

    What does this mean? Minors (Under 18) who carry cannabis less than 28.5g of Cannabis or 8g of Concentrated Cannabis will receive:

    An Infraction AND

    1st Offense - 4 hours of D.A.R.E. and 10 hours of community service within 60 days.
    2nd+ Offense - 6 hours of D.A.R.E. and 20 hours of community service within 90 days.

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  • 14. HSC 11359(a) - Penalty for Under 18 Possession for Sale
     

    California Health and Safety Code 11359(a)

    Every person under the age of 18 who possesses cannabis for sale shall be punished in the same manner provided in paragraph (1) of subdivision (b) of section HSC 11357. Possession.

    What does this mean? Minors (Under 18) possessing Cannabis with Intent to Sell:

    Receive an Infraction AND
    1st Offense - 8 Hours of D.A.R.E. & 40 hours community service within 90 days.
    2nd+ Offense - 10 hours of D.A.R.E. & 60 hours of community service within 120 days.

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  • 15. HSC 11357(d) - Penalty for Under 18 Possession in School
     

    California Health and Safety Code 11357(d)

    (d) Except as authorized by law, a person under 18 years of age who possesses not more than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 to 12, inclusive, during hours the school is open for classes or school-related programs is guilty of an infraction and shall be punished in the same manner provided in paragraph (1) of subdivision (b).

    What does this mean? Minors (under 18) possessing less than 28.5 grams of cannabis or 8 grams of concentrated cannabis in school while in session:

    Receive an Infraction AND
    1st Offense - 8 Hours of D.A.R.E. & 40 hours community service within 90 days.
    2nd+ Offense - 10 hours of D.A.R.E. & 60 hours of community service within 120 days.

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  • 16. HSC 11362.4(f) - Penalty for Under 18 Growing >6 Plants, CA Home Grower
     

    California Health and Safety Code Section 11362.4(f)

    (f) Notwithstanding subdivision (e), a person under the age of 18 who violates the restrictions in subdivision (a) of Section 11362.2 shall be punished under subdivision (a) of Section 11358.

    What does this mean? Under 18 Minors growing more than 6 cannabis plants or its product will:

    Receive an Infraction AND

    1st Offense - 8 Hours of D.A.R.E. & 40 hours community service within 90 days.
    2nd+ Offense - 10 hours of D.A.R.E. & 60 hours of community service within 120 days.

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  • 17. U.S.C. Title 21 §863 (f) - Federal Exemption
     

    United States Code, Title 21 §863

    (f)This section shall not apply to

    1. any person authorized by local, State, or Federal law to manufacture, possess, or distribute such items; or

    2. any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail or by any other means, and traditionally intended for use with tobacco products, including any pipe, paper, or accessory.

    What does this mean? If it is a Federally legal Tobacco Accessory, it's a legal Cannabis Accessory.

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  • 1. HSC 11362.1(a)(3) - Right to Grow 6 Plants, CA Home Grower
     

    California Health and Safety Code Section 11362.1(a)(3)

    (a) Subject to Sections 11362.2, 11362.3, 11362.4, and 11362.45, but notwithstanding any other provision of law, it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to:

    (3) Possess, plant, cultivate, harvest, dry, or process not more than six living marijuana plants and possess the marijuana produced by the plants.

    What does this mean? Cannafornians have the right to grow up to 6 living plants at home and keep their harvest.

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  • 2. HSC 11362.2(a)(2) - If You Grew More than 28.5g, CA Home Grower
     

    California Health And Safety Code Section 11362.2(a)(2)

    (a) Personal cultivation of cannabis under paragraph (3) of subdivision (a) of Section 11362.1 is subject to the following restrictions:

    (2) The living plants and any cannabis produced by the plants in excess of 28.5 grams are kept within the person’s private residence, or upon the grounds of that private residence (e.g., in an outdoor garden area), are in a locked space, and are not visible by normal unaided vision from a public place.

    What does this mean? Cannafornians have the right to keep more than 28.5g from their home grown cannabis in their home in a (1)locked space (2)not visible from the public.

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  • 3. HSC 11362.2(b)(1) - Local Government Make their Own Laws, CA Home Grower
     

    California Health and Safety Code Section 11362.2(b)(1)

    (b)(1)A city, county, or city and county may enact and enforce reasonable regulations to regulate the actions and conduct in paragraph (3) of subdivision (a) of Section 11362.1.

    What does this mean? Cannafornian Home Growers should check their local city or county laws to make sure they aren't violating any laws.

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  • 4. HSC 11362.2(b)(2) - Right to Grow Indoors cannot be Banned, CA Home Grower
     

    California Health and Safety Code Section 11362.2(b)(2)

    (b)(2) Notwithstanding paragraph (1), a city, county, or city and county shall not completely prohibit persons engaging in the actions and conduct under paragraph (3) of subdivision (a) of Section 11362.1 inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure.

    What does this mean? Cannafornians can grow 6 plants indoors safely knowing that local governments cannot make it completely illegal to grow indoors. However, check your local ordinances to see if there are any restrictions!

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  • 5. HSC 11362.2(a)(3) - 6 Plant limit is Per Residence, CA Home Grower
     

    California Health and Safety Code Section 11362.2(a)(3)

    (a) Personal cultivation of cannabis under paragraph (3) of subdivision (a) of Section 11362.1 is subject to the following restrictions:

    (3) Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time.

    What does this mean? Cannafornians' right to grow 6 plants is per residence, this means only 6 plants per private Residence (Check the Definition! This is important!)

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  • 6. HSC 11362.2(a)(1) - Local Laws Determine Grower Rights, CA Home Grower
     

    >California Health and Safety Code Section 11362.2(a)(1)

    Personal cultivation of cannabis under paragraph (3) of subdivision (a) of Section 11362.1 is subject to the following restrictions:

    (1) A person shall plant, cultivate, harvest, dry, or process plants in accordance with local ordinances, if any, adopted in accordance with subdivision (b).

    What does this mean? Cannafornians should expect their local city or county to issue restrictions for CA home growers.

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  • 7. HSC 11362.4(e) - Penalties for Growers, CA Home Grower
     

    California Health and Safety Code Section 11362.4(e)

    (e) A person who violates the restrictions in subdivision (a) of Section 11362.2 is guilty of an infraction punishable by no more than a two-hundred-fifty-dollar ($250) fine.

    What does this mean? Cannafornian home growers who (1) Don't follow their local home grower laws (2) leave their extra home grown cannabis more than an ounce in the open and not locked up (3) grow or harvest more than 6 plants will receive:

    An Infraction AND up to a $100 Fine.

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  • 8. HSC 11362.2(b)(3) - Outdoor Growing can be Illegal, CA Home Grower
     

    California Health and Safety Code Section 11362.2(b)(3)

    (b) (3) Notwithstanding paragraph (3) of subdivision (a) of Section 11362.1, a city, county, or city and county may completely prohibit persons from engaging in actions and conduct under paragraph (3) of subdivision (a) of Section 11362.1 outdoors upon the grounds of a private residence.

    What does this mean? Cannafornians should check their local laws which can make outdoor growing completely illegal.

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  • 9. HSC 11358(c) - Penalty for Growing >6 Plants, CA Home Grower
     

    California Health and Safety Code Section 11358(c)

    Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law, shall be punished as follows:

    (c) Each person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.

    What does this mean? Cannafornians that grow more than 6 plants will receive the following penalties:

    Up to 6 months in County Jail and/or a $500 Fine.

    This may be in addition to the infraction and $100 fine from HSC 11362.4(e)

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  • 10. HSC 11358(d)(1)-(2) - Aggravated Penalties for Growing >6 Plants, CA Home Grower
     

    California Health and Safety Code Section 11358(d)(1)-(2)

    (d) Notwithstanding subdivision (c), a person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants, or any part thereof, except as otherwise provided by law, may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if:

    (1) The person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.

    (2) the person has two or more prior convictions under subdivision (c) – [NOTE refers to HSC 11358(c)]

    What does this mean? Cannafornian Home Growers may face up to 3 years of Jail Time for growing more than 6 plants if:

    (1) They were convicted of a serious felony as listed in Penal Code 667 (think felony and violence punishable by death) or is a sex offender.

    (2) Have been caught twice growing more than 6 plants.

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  • 11. HSC 11358(d)(3)(A)-(G) - Additional Aggravated Penalties for Growing >6 Plants, CA Home Grower
     

    California Health and Safety Code Section 11358(d)(3)(A)-(G)

    (d) Notwithstanding subdivision (c), a person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants, or any part thereof, except as otherwise provided by law, may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if:

    (3) The offense resulted in any of the following:

    (A) Violation of Section 1052 of the Water Code relating to illegal diversion of water.

    (B) Violation of Section 13260, 13264, 13272, or 13387 of the Water Code relating to discharge of water.

    (C) Violation of Section 5650 or 5652 of the Fish and Game Code relating to waters of the state.

    (D) Violation of Section 1602 of the Fish and Game Code relating to rivers, streams, and lakes.

    (E) Violation of Section 374.8 of the Penal Code relating to hazardous substances or Section 25189.5, 25189.6, or 25189.7 of the Health and Safety Code relating to hazardous waste.

    (F) Violation of Section 2080 of the Fish and Game Code relating to endangered and threatened species or Section 3513 of the Fish and Game Code relating to the Migratory Bird Treaty Act, or Section 2000 of the Fish and Game Code relating to the unlawful taking of fish and wildlife.

    (G) Intentionally or with gross negligence causing substantial environmental harm to public lands or other public resources.

    What does this mean? Cannafornians may face up to 3 years of Jail Time for growing more than 6 plants if:

    (1) Uses more water than they are allowed to, especially during droughts.
    (2) Discharging Water unlawfully (think wasting water)
    (3) Hurts any wild-life by dumping waste into water
    (4) Diverts water from rivers, streams, lakes, etc (think building an illegal dam for your grow)
    (5) Not properly getting rid of hazardous waste
    (6) Endangering the endangered and other wild life
    (7) Environmental harm to the public

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  • 12. HSC 11362.2(b)(4) - Federal Legalization? - All Growing is Legal, CA Home Grower
     

    California Health and Safety Code Section 11362.2(b)(4)

    (b)(4) Paragraph (3) shall become inoperative upon a determination by the California Attorney General that adult use of cannabis is lawful in the State of California under federal law, and an act taken by a city, county, or city and county under paragraph (3) is unenforceable upon the date of that determination by the Attorney General.

    What does this mean? Cannafornians can expect that if the United States legalizes cannabis, the California Home Grower can grow outdoors all they want.

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  • 13. HSC 11358(b) - Penalty for 18-20 Growing <6 Plants, CA Home Grower
     

    California Health and Safety Code Section 11358(b)

    (b) Each person at least 18 years of age but less than 21 years of age who plants, cultivates, harvests, dries, or processes not more than six living cannabis plants shall be guilty of an infraction and a fine of not more than one hundred dollars ($100).

    What does this mean? Adults Over 18 but Younger than 21 growing 6 plants or less will receive:

    An Infraction and up to a $100 Fine.

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  • 14. HSC 11362.4(f) - Penalty for Under 18 Growing >6 Plants, CA Home Grower
     

    California Health and Safety Code Section 11362.4(f)

    (f) Notwithstanding subdivision (e), a person under the age of 18 who violates the restrictions in subdivision (a) of Section 11362.2 shall be punished under subdivision (a) of Section 11358.

    What does this mean? Under 18 Minors growing more than 6 cannabis plants or its product will:

    Receive an Infraction AND

    1st Offense - 8 Hours of D.A.R.E. & 40 hours community service within 90 days.
    2nd+ Offense - 10 hours of D.A.R.E. & 60 hours of community service within 120 days.

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  • 15. HSC 11358(a) - Penalty for Under 18 Growing, CA Home Grower
     

    California Health and Safety Code Section 11358(a)

    (a) Each person under the age of 18 who plants, cultivates, harvests, dries, or processes any cannabis plants shall be punished in the same manner provided in paragraph (1) of subdivision (b) of Section 11357.

    What does this mean? Minors under 18 growing any cannabis plants will receive:

    An Infraction AND

    1st Offense - 4 hours of D.A.R.E. and 10 hours of community service within 60 days.
    2nd+ Offense - 6 hours of D.A.R.E. and 20 hours of community service within 90 days.

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  • 1. BPC 26120(a) - General Packaging Requirement
     

    California Business and Professions Code Section 26120(a)

    (a) Prior to delivery or sale at a retailer, cannabis and cannabis products shall be labeled and placed in a resealable, tamper-evident, child-resistant package and shall include a unique identifier for the purposes of identifying and tracking cannabis and cannabis products.

    What does this mean? Cannafornians should expect resealable, child resistant, tamper-free cannabis with clear identification and tracking.

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  • 2. BPC 26120(b) - Not Children Friendly Requirement
     

    California Business and Professions Code Section 26120(b)

    Packages and labels shall not be made to be attractive to children.

    What does this mean? Cannafornians should NOT expect packaging and labels to look nice to children. This means less unicorns and rainbows!

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  • 3. BPC 26120(c)(1)(A)-(B) - Warnings! Requirement
     

    California Business and Professions Code Section 26120(c)(1)(A)-(B)

    (c) All cannabis and cannabis product labels and inserts shall include the following information prominently displayed in a clear and legible fashion in accordance with the requirements, including font size, prescribed by the bureau or the Department of Public Health:

    (1) The following statements, in bold print:

    (A) For cannabis: “GOVERNMENT WARNING: THIS PACKAGE CONTAINS CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION.”

    (B) For cannabis products: “GOVERNMENT WARNING: THIS PRODUCT CONTAINS CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS PRODUCTS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. THE INTOXICATING EFFECTS OF CANNABIS PRODUCTS MAY BE DELAYED UP TO TWO HOURS. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS PRODUCTS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION.”

    What does this mean? Cannafornians should expect VERY CLEAR WARNINGS on Cannabis and Cannabis Products.

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  • 4. BPC 26120(c)(2) - Cannabis Weight Requirement
     

    California Business and Professions Code Section 26120(c)(2)

    (c) All cannabis and cannabis product labels and inserts shall include the following information prominently displayed in a clear and legible fashion in accordance with the requirements, including font size, prescribed by the bureau or the Department of Public Health:

    (2) For packages containing only dried flower, the net weight of cannabis in the package.

    What does this mean? Cannafornians buying buds should see the exact weigh on their baggies.

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  • 5. BPC 26120(c)(3) - Origin and Date Requirement
     

    California Business and Professions Code Section 26120(c)(3)

    (c) All cannabis and cannabis product labels and inserts shall include the following information prominently displayed in a clear and legible fashion in accordance with the requirements, including font size, prescribed by the bureau or the Department of Public Health:

    (3) Identification of the source and date of cultivation, the type of cannabis or cannabis product and the date of manufacturing and packaging.

    What does this mean? Cannafornians should expect to be able to clearly see where their cannabis comes from and the date it was packed. Kinda like a "sell by" date for your eggs, but for cannabis instead.

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  • 6. BPC 26120(c)(4) - Appellation of Origin Requirement
     

    California Business and Professions Code Section 26120(c)(4)

    (c) All cannabis and cannabis product labels and inserts shall include the following information prominently displayed in a clear and legible fashion in accordance with the requirements, including font size, prescribed by the bureau or the Department of Public Health:

    (4) The appellation of origin, if any.

    What does this mean? Cannafornians should expect their Cannabis Origin labels to be like wine. So which County has the best Buds?

    TWI Definition of Appellation of Origin - a geographical name (as of a region, village, or vineyard) under which a cannabis cultivator is authorized to identify and market cannabis; also : the area designated by such a name.

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  • 7. BPC 26120(c)(5) - Ingredients Requirement
     

    California Business and Professions Code Section 26120(c)(5)

    (c) All cannabis and cannabis product labels and inserts shall include the following information prominently displayed in a clear and legible fashion in accordance with the requirements, including font size, prescribed by the bureau or the Department of Public Health:

    (5) List of pharmacologically active ingredients, including, but not limited to, tetrahydrocannabinol (THC), cannabidiol (CBD), and other cannabinoid content, the THC and other cannabinoid amount in milligrams per serving, servings per package, and the THC and other cannabinoid amount in milligrams for the package total.

    What does this mean? Cannafornians should expect
    1) a list of active ingredients. Think of your shampoo and conditioner.
    2) THC Levels per Serving. Think of Calories per Serving
    3) Total THC in Package

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  • 8. BPC 26120(c)(6) - Nuts and Allergens Warning Requirement
     

    California Business and Professions Code Section 26120(c)(6)

    (c) All cannabis and cannabis product labels and inserts shall include the following information prominently displayed in a clear and legible fashion in accordance with the requirements, including font size, prescribed by the bureau or the Department of Public Health:

    (6) A warning if nuts or other known allergens are used.

    What does this mean? Cannafornians should clear warnings if nuts or other known allergens are used or processed in same facility.

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  • 9. BPC 26120(c)(7) - Department of Food and Agriculture Requirement
     

    California Business and Professions Code Section 26120(c)(7)

    (c) All cannabis and cannabis product labels and inserts shall include the following information prominently displayed in a clear and legible fashion in accordance with the requirements, including font size, prescribed by the bureau or the Department of Public Health:

    (7) Information associated with the unique identifier issued by the Department of Food and Agriculture.

    What does this mean? Cannafornians should expect a label with a DFA identifier.

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  • 10. BPC 26120(c)(8) - Medicinal Use Requirement
     

    California Business and Professions Code Section 26120(c)(8)

    (c) All cannabis and cannabis product labels and inserts shall include the following information prominently displayed in a clear and legible fashion in accordance with the requirements, including font size, prescribed by the bureau or the Department of Public Health:

    (8) For a medicinal cannabis product sold at a retailer, the statement “FOR MEDICAL USE ONLY.”

    What does this mean? Cannafornians should expect a clear label if the Cannabis is for medical patients.

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  • 11. BPC 26120(c)(9) - Department of Public Health Requirement
     

    California Business and Professions Code Section 26120(c)(9)

    (c) All cannabis and cannabis product labels and inserts shall include the following information prominently displayed in a clear and legible fashion in accordance with the requirements, including font size, prescribed by the bureau or the Department of Public Health:

    (9) Any other requirement set by the bureau or the State Department of Public Health.

    What does this mean? Cannafornians should expect the DPH to start putting their own requirements for Cannabis.

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  • 12. BPC 26120(d) - Edible Cannabis Product Requirement
     

    California Business and Professions Code Section 26120(d)

    (d) Only generic food names may be used to describe the ingredients in edible cannabis products.

    What does this mean? Cannafornians should expect an ingredients label with generic food names on the edible cannabis they are eating. Think "sugar, gelatin, chocolate" etc.

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  • 13. BPC 26120(e) - Federal Legalization Changes Warnings
     

    California Business and Professions Code Section 26120(e)

    (e) In the event the Attorney General determines that cannabis is no longer a Schedule I controlled substance under federal law, the label prescribed in subdivision (c) shall no longer require a statement that cannabis is a Schedule I controlled substance.

    What does this mean? Cannafornians should expect that if the United States legalizes Cannabis, the packaging will remain the same except that businesses do not need to state that cannabis is a Schedule I controlled substance.

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  • 1. RTC 34011(a)(1)-(3) - 15% Excise Tax on all Retail
     

    California Revenue and Taxation Code Code Section 34011(a)(1)-(3)

    (a)(1) Effective January 1, 2018, a cannabis excise tax shall be imposed upon purchasers of cannabis or cannabis products sold in this state at the rate of 15 percent of the average market price of any retail sale by a cannabis retailer. A purchaser’s liability for the cannabis excise tax is not extinguished until the cannabis excise tax has been paid to this state except that an invoice, receipt, or other document from a cannabis retailer given to the purchaser pursuant to this subdivision is sufficient to relieve the purchaser from further liability for the tax to which the invoice, receipt, or other document refers.

    (2) Each cannabis retailer shall provide a purchaser with an invoice, receipt, or other document that includes a statement that reads: “The cannabis excise taxes are included in the total amount of this invoice."

    (3) The department may prescribe other means to display the cannabis excise tax on an invoice, receipt, or other document from a cannabis retailer given to the purchaser.

    What does this mean? Cannifornians purchasing cannabis from a retailer should expect to pay 15% Excise Tax. Yes, this includes both Medical and Adult Dispensaries!

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  • 2. RTC 34011(c) - 15% Tax + State and Local Sales and Use Taxes
     

    California Revenue and Taxation Code Section 34011(c)

    (c) The excise tax imposed by this section shall be in addition to the sales and use tax imposed by the state and local governments.

    What does this mean? Cannifornians should expect 15% Excise Tax + State and Local Sales and Use Tax. This means your Cannabis may be taxed at 25-35% if not higher!

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  • 3. RTC 34012(a)(2) - Cannabis Shake/Leaves Tax
     

    California Revenue and Taxation Code Section 34012(a)(2)

    (a) Effective January 1, 2018, there is hereby imposed a cultivation tax on all harvested cannabis that enters the commercial market upon all cultivators. The tax shall be due after the cannabis is harvested and enters the commercial market.

    (2) The tax for cannabis leaves shall be set at two dollars and seventy-five cents ($2.75) per dry-weight ounce.

    What does this mean? Cannafornians can expect to pay more for cannabis products due to a $2.75 per ounce cultivation tax for shake (which is generally used for shatter and everything else!).

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  • 4. RTC 34012(a)(1) - Cannabis Flower Tax
     

    California Revenue and Taxation Code Section 34012(a)(1)

    (a) Effective January 1, 2018, there is hereby imposed a cultivation tax on all harvested cannabis that enters the commercial market upon all cultivators. The tax shall be due after the cannabis is harvested and enters the commercial market.

    (1) The tax for cannabis flowers shall be nine dollars and twenty-five cents ($9.25) per dry-weight ounce.

    What does this mean? Cannafornians can expect to pay more for toke-able cannabis due to a $9.25 per ounce cultivation tax for sweet sweet buds.

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  • 5. RTC 34012(b) - Annual Tax Changes to Cannabis Leaves
     

    California Revenue and Taxation Code Section 34012(b)

    (b) The department may adjust the tax rate for cannabis leaves annually to reflect fluctuations in the relative price of cannabis flowers to cannabis leaves.

    What does this mean? Cannafornians can expect Cannabis product prices to change every year as the cannabis leaves tax can be changed.

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  • 6. RTC 34012(c) - Flowers and Leaves Taxes were Just the Beginning...
     

    California Revenue and Taxation Code Section 34012(c)

    (c) The department may from time to time establish other categories of harvested cannabis, categories for unprocessed or frozen cannabis or immature plants, or cannabis that is shipped directly to manufacturers. These categories shall be taxed at their relative value compared with cannabis flowers.

    What does this mean? Cannafornians can expect that the State can Tax every part of the Cannabis plant separately! This means California can create new taxes for clones, seeds, etc.

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  • 7. RTC 34012(i) - Sneaking Cannabis Away is Still Taxable
     

    California Revenue and Taxation Code Section 34012(i)

    (i) All cannabis removed from a cultivator’s premises, except for plant waste, shall be presumed to be sold and thereby taxable under this section.

    What does this mean? Cannafornians should not expect their cultivation licensed buddy to sneak some cannabis away and give it to them for free, at least not lawfully.

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  • 8. RTC 34011(b)(1)-(2) - Distributors and Retailers Responsible for Tax Collection
     

    California Revenue and Taxation Code Section 34011(b)(1)-(2)

    (b)(1) A distributor in an arm’s length transaction shall collect the cannabis excise tax from the cannabis retailer on or before 90 days after the sale or transfer of cannabis or cannabis product to the cannabis retailer. A distributor in a nonarm’s length transaction shall collect the cannabis excise tax from the cannabis retailer on or before 90 days after the sale or transfer of cannabis or cannabis product to the cannabis retailer, or at the time of retail sale by the cannabis retailer, whichever is earlier. A distributor shall report and remit the cannabis excise tax to the department pursuant to Section 34015. A cannabis retailer shall be responsible for collecting the cannabis excise tax from the purchaser and remitting the cannabis excise tax to the distributor in accordance with rules and procedures established under law and any regulations adopted by the department.

    (2)A distributor shall provide an invoice, receipt, or other similar document to the cannabis retailer that identifies the licensee receiving the product, the distributor from which the product originates, including the associated unique identifier, the amount of cannabis excise tax, and any other information deemed necessary by the department. The department may authorize other forms of documentation under this paragraph.

    What does this mean? Cannifornians should expect a 15% excise tax to be printed on their receipt when purchasing from a retailer, if its not there then it shouldn't have been able to be sold.

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  • 9. RTC 34012(h) - Unpaid Taxes = No Cannabis Sale
     

    California Revenue and Taxation Code Section 34012(h)

    (h) Cultivators shall be responsible for payment of the tax pursuant to regulations adopted by the department. A cultivator’s liability for the tax is not extinguished until the tax has been paid to this state except that an invoice, receipt, or other document from a distributor or manufacturer given to the cultivator pursuant to paragraph (3) is sufficient to relieve the cultivator from further liability for the tax to which the invoice, receipt, or other document refers. Cannabis shall not be sold unless the tax has been paid as provided in this part.

    What does this mean? Cannafornians can expect that if the tax hasn't been paid, it can't be sold or transported.

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  • 10. RTC 34012(d) - Tax Stamps and Bags
     

    California Revenue and Taxation Code Section 34012(d)

    (d) The department may prescribe by regulation a method and manner for payment of the cultivation tax that utilizes tax stamps or state-issued product bags that indicate that all required tax has been paid on the product to which the tax stamp is affixed or in which the cannabis is packaged.

    What does this mean? Cannafornians can expect a very systemized tax system. If it doesn't show the tax has been paid - you might be buying cannabis from an illegally operating dispensary!

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  • 11. RTC 34012(e) - Licensees have to buy State Tax Stamps/Bags
     

    California Revenue and Taxation Code Section 34012(e)

    (e) The tax stamps and product bags shall be of the designs, specifications, and denominations as may be prescribed by the department and may be purchased by any licensee under Division 10 (commencing with Section 26000) of the Business and Professions Code.

    What does this mean? Cannafornians can expect to pay more for their cannabis because from Cultivator to Dispensary, they all have to buy state issued tax bags/stamps once issued.

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  • 12. RTC 34012(f) - Prohibition of ALL Distribution Once Tax Stamps Issued
     

    California Revenue and Taxation Code Section 34012(f)

    (f) Subsequent to the establishment of a tax stamp program, the department may by regulation provide that cannabis shall not be removed from a licensed cultivation facility or transported on a public highway unless in a state-issued product bag bearing a tax stamp in the proper denomination.

    What does this mean? Cannafornians can expect that once Tax Stamps are issued, the State can prohibit transportation of all cannabis unless it is packed with tax stamps or in the special tax bag.

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  • 13. RTC 34012(g) - All Tax Stamps in the System
     

    California Revenue and Taxation Code Section 34012(g)

    (g) The tax stamps and product bags shall be capable of being read by a scanning or similar device and must be traceable utilizing the track and trace system pursuant to Section 26068 of the Business and Professions Code.

    What does this mean? Cannafornians can expect that a strong system for taxes set in place that is trackable and traceable. All of this means that Cannabis prices are going to go up.

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  • 14. BPC 34011(f) - Medical Marijuana Excluded from SOME taxes
     

    California Revenue and Taxation Code Code Section 34011(f)

    (f) The sales and use taxes imposed by Part 1 (commencing with Section 6001) shall not apply to retail sales of medicinal cannabis, medicinal cannabis concentrate, edible medicinal cannabis products, or topical cannabis as those terms are defined in Division 10 (commencing with Section 26000) of the Business and Professions Code when a qualified patient or primary caregiver for a qualified patient provides his or her card issued under Section 11362.71 of the Health and Safety Code and a valid government-issued identification card.

    What does this mean? Cannifornians with medical cards get a pretty big benefit - they don't need to pay sales and use tax! You still have to pay the 15% excise tax though.

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  • 15. RTC 34012(j) - Home Growers and Medical Patients not taxed
     

    California Revenue and Taxation Code Section 34012(j)

    (j) The tax imposed by this section shall be imposed on all cannabis cultivated in the state pursuant to rules and regulations promulgated by the department, but shall not apply to cannabis cultivated for personal use under Section 11362.1 of the Health and Safety Code or cultivated by a qualified patient or primary caregiver in accordance with the Compassionate Use Act of 1996 (Section 11362.5 of the Health and Safety Code).

    What does this mean? Cannafornians growing cannabis at home and those for medical use won't be taxed.

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  • 1. HSC 11362.4(a) - Penalty for Public Toking
     

    California Health and Safety Code 11362.4(a)

    (a) A person who engages in the conduct described in paragraph (1) of subdivision (a) of Section 11362.3 is guilty of an infraction punishable by no more than a one-hundred-dollar ($100) fine; provided, however, that persons under the age of 18 shall instead be required to complete four hours of a drug education program or counseling, and up to 10 hours of community service, over a period not to exceed 60 days once the drug education program or counseling and community service opportunity are made available to the person. [emphasis added for under 18 Violations]

    What does this mean? Cannafornians who toke in public (or even get caught eating a weed brownie) will receive:

    $100 Fine
    Under 18 then you'll receive 10 hours of community service within 60 days and 4 hours of D.A.R.E.

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  • 2. HSC 11357(b)(2) - Penalty for Possession > Limits
     

    California Health and Safety Code 11357(b)(2)

    (b) Except as authorized by law, possession of more than 28.5 grams of cannabis, or more than eight grams of concentrated cannabis, shall be punished as follows:

    (2) Persons 18 years of age or older who possess more than 28.5 grams of cannabis, or more than eight grams of concentrated cannabis, or both, shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.

    What does this mean? Cannafornians walking around with more than 28.5g of Cannabis or 8g Concentrated Cannabis will receive:

    6 months in Jail and/or $500 Fine.

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  • 3. HSC 11359(b) - Basic Penalty for Possession for Sale
     

    California Health and Safety Code 11359(b)

    (b) Every person 18 years of age or over who possesses cannabis for sale shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment.

    What does this mean? Cannafornians possessing cannabis with intent to sell without a license will receive:

    Up to 6 months of jail and/or a $500 fine.

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  • 4. HSC 11362.4(b) - Penalty for No Smoking Zone, 1000 Ft of a School, Open Container
     

    California Health and Safety Code 11362.4(b)

    (b) A person who engages in the conduct described in paragraphs (2), (3), or (4) of subdivision (a) of Section 11362.3 is guilty of an infraction punishable by no more than a two-hundred-fifty-dollar ($250) fine, unless such activity is otherwise permitted by state and local law; provided, however, that persons under the age of 18 shall instead be required to complete four hours of drug education or counseling, and up to 20 hours of community service, over a period not to exceed 90 days once the drug education program or counseling and community service opportunity are made available to the person.[emphasis added for under 18 violations]

    What does this mean? $250 Fine for Toking in a No Smoking Zone, Within 1000 Feet of a School, or an Open Container while Driving, unless you are under 18.

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  • 5. HSC 11359(c)(1)-(3) - Aggravated Penalties for Possession for Sale
     

    California Health and Safety Code 11359(c)(1)-(3)

    (c) Notwithstanding subdivision (b), a person 18 years of age or over who possesses cannabis for sale may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if:

    (1) the person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code;

    (2) the person has two or more prior convictions under subdivision (b); or;

    (3) the offense occurred in connection with the knowing sale or attempted sale of cannabis to a person under the age of 18 years.

    What does this mean? Cannafornians possessing Cannabis for Sale will receive up to 3 years of Jail Time if:

    (1) They were convicted of a serious felony as listed in Penal Code 667 (think felony and violence punishable by death) or is a sex offender.
    (2) Have been caught twice trying to sell their cannabis
    (3) Involved a minor under 18 years old.

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  • 6. HSC 11357(c)(1)-(2) - Penalty for Possession in School
     

    California Health and Safety Code 11357(c)(1)-(2)

    (c) Except as authorized by law, a person 18 years of age or older who possesses not more than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 to 12, inclusive, during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be punished as follows:

    (1) A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed.

    (2) A fine of not more than five hundred dollars ($500), or by imprisonment in a county jail for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed.

    What does this mean? Cannafornians Possession of any cannabis on school grounds will receive:

    1st Offense: $250 Fine
    2nd Offense: $500 Fine and/or 10 Days of Jail.

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  • 7. HSC 11362.4(e) - Penalties for Growers, CA Home Grower
     

    California Health and Safety Code Section 11362.4(e)

    (e) A person who violates the restrictions in subdivision (a) of Section 11362.2 is guilty of an infraction punishable by no more than a two-hundred-fifty-dollar ($250) fine.

    What does this mean? Cannafornian home growers who (1) Don't follow their local home grower laws (2) leave their extra home grown cannabis more than an ounce in the open and not locked up (3) grow or harvest more than 6 plants will receive:

    An Infraction AND up to a $100 Fine.

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  • 8. HSC 11358(c) - Penalty for Growing >6 Plants, CA Home Grower
     

    California Health and Safety Code Section 11358(c)

    Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law, shall be punished as follows:

    (c) Each person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.

    What does this mean? Cannafornians that grow more than 6 plants will receive the following penalties:

    Up to 6 months in County Jail and/or a $500 Fine.

    This may be in addition to the infraction and $100 fine from HSC 11362.4(e)

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  • 9. HSC 11361(a)-(b) - Penalty for Cannabis Interactions with Minors
     

    California Health and Safety Code Section 11361(a)-(b)

    (a) A person 18 years of age or over who hires, employs, or uses a minor in unlawfully transporting, carrying, selling, giving away, preparing for sale, or peddling any cannabis, who unlawfully sells, or offers to sell, any cannabis to a minor, or who furnishes, administers, or gives, or offers to furnish, administer, or give any cannabis to a minor under 14 years of age, or who induces a minor to use cannabis in violation of law shall be punished by imprisonment in the state prison for a period of three, five, or seven years.

    (b) A person 18 years of age or over who furnishes, administers, or gives, or offers to furnish, administer, or give, any cannabis to a minor 14 years of age or older in violation of law shall be punished by imprisonment in the state prison for a period of three, four, or five years.

    What does this mean?

    (a) Cannafornians using, doing business, or interacting with minors and cannabis, and especially those under 14 face up to 7 years in state prison.
    (b) Cannafornians using cannabis to interact with minors 14 years or older face up 5 years in state prison

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  • 10. HSC 11358(d)(1)-(2) - Aggravated Penalties for Growing >6 Plants, CA Home Grower
     

    California Health and Safety Code Section 11358(d)(1)-(2)

    (d) Notwithstanding subdivision (c), a person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants, or any part thereof, except as otherwise provided by law, may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if:

    (1) The person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.

    (2) the person has two or more prior convictions under subdivision (c) – [NOTE refers to HSC 11358(c)]

    What does this mean? Cannafornian Home Growers may face up to 3 years of Jail Time for growing more than 6 plants if:

    (1) They were convicted of a serious felony as listed in Penal Code 667 (think felony and violence punishable by death) or is a sex offender.

    (2) Have been caught twice growing more than 6 plants.

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  • 11. HSC 11358(d)(3)(A)-(G) - Additional Aggravated Penalties for Growing >6 Plants, CA Home Grower
     

    California Health and Safety Code Section 11358(d)(3)(A)-(G)

    (d) Notwithstanding subdivision (c), a person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants, or any part thereof, except as otherwise provided by law, may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if:

    (3) The offense resulted in any of the following:

    (A) Violation of Section 1052 of the Water Code relating to illegal diversion of water.

    (B) Violation of Section 13260, 13264, 13272, or 13387 of the Water Code relating to discharge of water.

    (C) Violation of Section 5650 or 5652 of the Fish and Game Code relating to waters of the state.

    (D) Violation of Section 1602 of the Fish and Game Code relating to rivers, streams, and lakes.

    (E) Violation of Section 374.8 of the Penal Code relating to hazardous substances or Section 25189.5, 25189.6, or 25189.7 of the Health and Safety Code relating to hazardous waste.

    (F) Violation of Section 2080 of the Fish and Game Code relating to endangered and threatened species or Section 3513 of the Fish and Game Code relating to the Migratory Bird Treaty Act, or Section 2000 of the Fish and Game Code relating to the unlawful taking of fish and wildlife.

    (G) Intentionally or with gross negligence causing substantial environmental harm to public lands or other public resources.

    What does this mean? Cannafornians may face up to 3 years of Jail Time for growing more than 6 plants if:

    (1) Uses more water than they are allowed to, especially during droughts.
    (2) Discharging Water unlawfully (think wasting water)
    (3) Hurts any wild-life by dumping waste into water
    (4) Diverts water from rivers, streams, lakes, etc (think building an illegal dam for your grow)
    (5) Not properly getting rid of hazardous waste
    (6) Endangering the endangered and other wild life
    (7) Environmental harm to the public

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  • 12. HSC 11360(d) - Penalty for Conspiracy
     

    California Health and Safety Code 11360(d)

    (d) This section does not preclude or limit prosecution for any aiding and abetting or conspiracy offenses.

    What does this mean? Cannafornians should very aware that all actions in Cannabis are subject to Conspiracy violations.

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  • 13. HSC 11362.4(d) - Basic Penalty for Volatile Solvent
     

    California Health and Safety Code 11362.4(d)

    (d) A person who engages in the conduct described in paragraph (6) of subdivision (a) of Section 11362.3 shall be subject to punishment under Section 11379.6.

    What does this mean? Cannafornians that use "Volatile Solvents" will receive:

    Up to 7 years of jail AND up to a $50,000 Fine

    We had to say this REALLY sucks, this is one of the worst punishments out there for Cannafornians!

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  • 14. HSC 11357(a)(2) - Penalty for Possession 18-20 < Limits
     

    California Health and Safety Code 11357(a)(2)

    (a) Except as authorized by law, possession of not more than 28.5 grams of cannabis or not more than eight grams of concentrated cannabis, or both, shall be punished or adjudicated as follows:

    (2) Persons at least 18 years of age but less than 21 years of age shall be guilty of an infraction and punishable by a fine of not more than one hundred dollars ($100).

    What does this mean? Cannafornians 18-21 without a cannabis card with less than 28.5g Cannabis or 8g Concentrated Cannabis will receive:

    An infraction AND $100 fine.

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  • 15. HSC 11379.6(a)-(f) - Aggravated Penalties for Volatile Solvents
     

    California Health and Safety Code 11379.6(a)-(f)

    (a) Except as otherwise provided by law, every person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, five, or seven years and by a fine not exceeding fifty thousand dollars ($50,000).

    (b) Except when an enhancement pursuant to Section 11379.7 is pled and proved, the fact that a person under 16 years of age resided in a structure in which a violation of this section involving methamphetamine occurred shall be considered a factor in aggravation by the sentencing court.

    (c) Except when an enhancement pursuant to Section 11379.7 is pled and proved, the fact that a violation of this section involving methamphetamine occurred within 200 feet of an occupied residence or any structure where another person was present at the time the offense was committed may be considered a factor in aggravation by the sentencing court.

    (d) The fact that a violation of this section involving the use of a volatile solvent to chemically extract concentrated cannabis occurred within 300 feet of an occupied residence or any structure where another person was present at the time the offense was committed may be considered a factor in aggravation by the sentencing court.

    (e) Except as otherwise provided by law, every person who offers to perform an act which is punishable under subdivision (a) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years.

    (f) All fines collected pursuant to subdivision (a) shall be transferred to the State Treasury for deposit in the Clandestine Drug Lab Clean-up Account, as established by Section 5 of Chapter 1295 of the Statutes of 1987. The transmission to the State Treasury shall be carried out in the same manner as fines collected for the state by the county.

    What does this mean? Cannafornians can be punished by up to 7 years of Jail and $50,000 fine. The penalties are worse if:

    (b) There is an Under 16 Minor living there + Meth
    (c) Within 200 ft of anyone + Meth
    (d) 300 ft of anyone
    (e) If you offer to use volatile solvents, 3-5 years of Jail
    (f) In addition, all the fines go towards funding finding more violators.

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  • 16. HSC 11358(b) - Penalty for 18-20 Growing <6 Plants, CA Home Grower
     

    California Health and Safety Code Section 11358(b)

    (b) Each person at least 18 years of age but less than 21 years of age who plants, cultivates, harvests, dries, or processes not more than six living cannabis plants shall be guilty of an infraction and a fine of not more than one hundred dollars ($100).

    What does this mean? Adults Over 18 but Younger than 21 growing 6 plants or less will receive:

    An Infraction and up to a $100 Fine.

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  • 17. HSC 11357(b)(1)(A)-(B) - Penalty for Under 18 Possession > Limit
     

    California Health and Safety Code 11357(b)(1)(A)-(B)

    (b) Except as authorized by law, possession of more than 28.5 grams of cannabis, or more than eight grams of concentrated cannabis, shall be punished as follows:

    (1) Persons under the age of 18 who possess more than 28.5 grams of cannabis or more than eight grams of concentrated cannabis, or both, are guilty of an infraction and shall be required to:

    (A) Upon a finding that a first offense has been committed, complete eight hours of drug education or counseling and up to 40 hours of community service over a period not to exceed 90 days.

    (B) Upon a finding that a second or subsequent offense has been committed, complete 10 hours of drug education or counseling and up to 60 hours of community service over a period not to exceed 120 days.

    What does this mean? Minors (Under 18) possessing more than 28.5g of Cannabis or 8g of Concentrated Cannabis:
    Receive an Infraction AND
    1st Offense - 8 Hours of D.A.R.E. & 40 hours community service within 90 days.
    2nd+ Offense - 10 hours of D.A.R.E. & 60 hours of community service within 120 days.

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  • 18. HSC 11357(a)(1)(A)-(B) - Penalty for Under 18 Possession < Limits
     

    California Health and Safety Code 11357(a)(1)(A)-(B)

    Except as authorized by law, possession of not more than 28.5 grams of cannabis or not more than eight grams of concentrated cannabis, or both, shall be punished or adjudicated as follows:

    (1) Persons under the age of 18 shall be guilty of an infraction and shall be required to:

    (A) Upon a finding that a first offense has been committed, complete four hours of drug education or counseling and up to 10 hours of community service over a period not to exceed 60 days.

    (B) Upon a finding that a second offense or subsequent offense has been committed, complete six hours of drug education or counseling and up to 20 hours of community service over a period not to exceed 90 days.

    What does this mean? Minors (Under 18) who carry cannabis less than 28.5g of Cannabis or 8g of Concentrated Cannabis will receive:

    An Infraction AND

    1st Offense - 4 hours of D.A.R.E. and 10 hours of community service within 60 days.
    2nd+ Offense - 6 hours of D.A.R.E. and 20 hours of community service within 90 days.

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  • 19. HSC 11362.4(c) - Penalty for Toking on School Grounds
     

    California Health and Safety Code 11362.4(c)

    (c) A person who engages in the conduct described in paragraph (5) of subdivision (a) of Section 11362.3 shall be subject to the same punishment as provided under subdivision (c) or (d) of Section 11357.

    What does this mean? Adult (18+) Cannafornians Toking on School Grounds will receive:
    A Misdemeanor AND
    1st Offense - $250 Fine
    2nd+ Offense - $500 and/or 10 Days of Jail.

    Minors (Under 18) Toking on School Grounds will receive:
    An Infraction AND
    1st Offense - 8 Hours of D.A.R.E. & 40 hours community service within 90 days.
    2nd+ Offense - 10 hours of D.A.R.E. & 60 hours of community service within 120 days.

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  • 20. HSC 11359(a) - Penalty for Under 18 Possession for Sale
     

    California Health and Safety Code 11359(a)

    Every person under the age of 18 who possesses cannabis for sale shall be punished in the same manner provided in paragraph (1) of subdivision (b) of section HSC 11357. Possession.

    What does this mean? Minors (Under 18) possessing Cannabis with Intent to Sell:

    Receive an Infraction AND
    1st Offense - 8 Hours of D.A.R.E. & 40 hours community service within 90 days.
    2nd+ Offense - 10 hours of D.A.R.E. & 60 hours of community service within 120 days.

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  • 21. HSC 11360(a)(2) - Basic Penalty for Importing Non-CA Cannabis
     

    California Health and Safety Code 11360(a)(2)

    (a) Except as otherwise provided by this section or as authorized by law, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any cannabis shall be punished as follows:

    (2) Persons 18 years of age or over shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment.

    What does this mean? Adult (18+) Cannafornians bringing in Cannabis from outside of California will receive:

    6 months in Jail and/or $500 Fine

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  • 22. HSC 11357(d) - Penalty for Under 18 Possession in School
     

    California Health and Safety Code 11357(d)

    (d) Except as authorized by law, a person under 18 years of age who possesses not more than 28.5 grams of cannabis, or not more than eight grams of concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 to 12, inclusive, during hours the school is open for classes or school-related programs is guilty of an infraction and shall be punished in the same manner provided in paragraph (1) of subdivision (b).

    What does this mean? Minors (under 18) possessing less than 28.5 grams of cannabis or 8 grams of concentrated cannabis in school while in session:

    Receive an Infraction AND
    1st Offense - 8 Hours of D.A.R.E. & 40 hours community service within 90 days.
    2nd+ Offense - 10 hours of D.A.R.E. & 60 hours of community service within 120 days.

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  • 23. HSC 11362.4(f) - Penalty for Under 18 Growing >6 Plants, CA Home Grower
     

    California Health and Safety Code Section 11362.4(f)

    (f) Notwithstanding subdivision (e), a person under the age of 18 who violates the restrictions in subdivision (a) of Section 11362.2 shall be punished under subdivision (a) of Section 11358.

    What does this mean? Under 18 Minors growing more than 6 cannabis plants or its product will:

    Receive an Infraction AND

    1st Offense - 8 Hours of D.A.R.E. & 40 hours community service within 90 days.
    2nd+ Offense - 10 hours of D.A.R.E. & 60 hours of community service within 120 days.

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  • 24. HSC 11360(a)(3)(A)-(D) - Aggravated Penalties for Importing Non-CA Cannabis
     

    California Health and Safety Code 11360(a)(3)(A)-(D)

    (a) Except as otherwise provided by this section or as authorized by law, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any marijuana shall be punished as follows:

    (3) Notwithstanding paragraph (2), a person 18 years of age or over may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period two, three, or four years if:

    (A) the person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code;

    (B) the person has two or more prior convictions under paragraph (2);

    (C) the offense involved the knowing sale, attempted sale, or the knowing offer to sell, furnish, administer or give away cannabis to a person under the age of 18 years; or

    (D) the offense involved the import, offer to import, or attempted import into this state, or the transport for sale, offer to transport for sale, or attempted transport for sale out of this state, of more than 28.5 grams of cannabis or more than four grams of concentrated cannabis.

    What does this mean? Adult (18+) Cannafornians bringing in Cannabis from outside of California face additional penalties of up to 4 years of jail time if:

    (A) They were convicted of a serious felony as listed in Penal Code 667 (think felony and violence punishable by death) or is a sex offender.
    (B) Have been caught twice trying to import Cannabis into California
    (C) Involved a minor under 18 years old
    (D) Import or Expert of >28.5g of Cannabis or >4g of Concentrated Cannabis

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  • 25. HSC 11358(a) - Penalty for Under 18 Growing, CA Home Grower
     

    California Health and Safety Code Section 11358(a)

    (a) Each person under the age of 18 who plants, cultivates, harvests, dries, or processes any cannabis plants shall be punished in the same manner provided in paragraph (1) of subdivision (b) of Section 11357.

    What does this mean? Minors under 18 growing any cannabis plants will receive:

    An Infraction AND

    1st Offense - 4 hours of D.A.R.E. and 10 hours of community service within 60 days.
    2nd+ Offense - 6 hours of D.A.R.E. and 20 hours of community service within 90 days.

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  • 26. BPC 26140(b) - 18 Year Old Undercover Cops
     

    California Business and Professions Code Section 26140(b)

    (b) Persons under 21 years of age may be used by peace officers in the enforcement of this division and to apprehend licensees, or employees or agents of licensees, or other persons who sell or furnish cannabis to minors. Notwithstanding any provision of law, any person under 21 years of age who purchases or attempts to purchase any cannabis while under the direction of a peace officer is immune from prosecution for that purchase or attempt to purchase cannabis. Guidelines with respect to the use of persons under 21 years of age as decoys shall be adopted and published by the bureau in accordance with the rulemaking portion of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

    What does this mean? Cannafornians can expect that every child is a walking police trap when it comes to cannabis and can receive some serious punishments.

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  • 27. HSC 11362.4(g)(1)-(2) - D.A.R.E. is Mandatory
     

    California Health and Safety Code 11362.4 (g)(1)-(2)

    (g) (1) The drug education program or counseling hours required by this section shall be mandatory unless the court makes a finding that such a program or counseling is unnecessary for the person or that a drug education program or counseling is unavailable.

    (2) The drug education program required by this section for persons under the age of 18 shall be free to participants and provide at least four hours of group discussion or instruction based on science and evidence-based principles and practices specific to the use and abuse of cannabis and other controlled substances.

    What does this mean? Drug Education Programs are Mandatory unless a judge says otherwise. If you are under 18 at least its free.

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  • 28. HSC 11362.4(h) - D.A.R.E Extensions
     

    California Health and Safety Code 11362.4 (h)

    (h) Upon a finding of good cause, the court may extend the time for a person to complete the drug education or counseling, and community service required under this section.

    What does this mean? Judges can extend D.A.R.E and Community Service if they find a "good cause" to do so.

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  • 29. HSC 11360(b) - Over 18 but under 21 Arrests
     

    California Health and Safety Code 11360(b)

    Except as authorized by law, every person who gives away, offers to give away, transports, offers to transport, or attempts to transport not more than 28.5 grams of cannabis, other than concentrated cannabis, is guilty of an infraction and shall be punished by a fine of not more than one hundred dollars ($100). In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, such person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his or her written promise to appear in court, as provided in Section 853.6 of the Penal Code, and shall not be subjected to booking.

    What does this mean? Cannafornians Over 18 but Under 21 accused of a violation of transporting or giving away less than <28.5g of cannabis are subject to a $100 fine and an infraction. Once you've been pulled over and ticketed, if you prove your identify and check the "i'll show up in court" box you'll go on your merry way. Sign up for the TWI Newsletter for more information on how CA Recreational Laws will affect CA Weed Initiates!

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  • 30. BPC 26200(d) - Enforcement of Cannabis Violations in Your City
     

    California Business and Professions Code Section 26200(d)

    (d) For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the bureau or any licensing authority, if delegated by the state. Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county.

    What does this mean? Cannifornians should expect their city to have the final say. If your county says one thing and your city says another, the city is what is going to put you in the locker!

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  • 31. BPC 26200(b) - California Licensing Authority NOT required to Enforce Local Laws
     

    California Business and Professions Code Section 26200(b)

    (b) This division shall not be interpreted to require a licensing authority to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements.

    What does this mean? Cannafornians can expect that if a city or county really wanted, they don't need to enforce their own laws! Weird right?

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  • 32. BPC 26200(c) - Local Government duty to inform CA State of License Issue
     

    California Business and Professions Code Section 26200(c)

    (c) A local jurisdiction shall notify the bureau upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 10 days of notification, the bureau shall inform the relevant licensing authorities. Within 60 days of being so informed by the bureau, the relevant licensing authorities shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3 (commencing with Section 26030).

    What does this mean? Cannifornians should expect that if their local dispensary is violating laws and gets their licensed revoked, they may be shut down and reported to the state. With the repeal of the Cole Memo, this could mean potential federal criminal liability!

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  • 33. HSC 11362.45 - Medical Marijuana and Other Laws Not Affected
     

    California Health and Safety Code Section 11362.45

    Section 11362.1 does not amend, repeal, affect, restrict, or preempt:

    (a) Laws making it unlawful to drive or operate a vehicle, boat, vessel, or aircraft, while smoking, ingesting, or impaired by, cannabis or cannabis products, including, but not limited to, subdivision (e) of Section 23152 of the Vehicle Code, or the penalties prescribed for violating those laws.

    (b) Laws prohibiting the sale, administering, furnishing, or giving away of cannabis, cannabis products, or cannabis accessories, or the offering to sell, administer, furnish, or give away cannabis, cannabis products, or cannabis accessories to a person younger than 21 years of age.

    (c) Laws prohibiting a person younger than 21 years of age from engaging in any of the actions or conduct otherwise permitted under Section 11362.1.

    (d) Laws pertaining to smoking or ingesting cannabis or cannabis products on the grounds of, or within, any facility or institution under the jurisdiction of the Department of Corrections and Rehabilitation or the Division of Juvenile Justice, or on the grounds of, or within, any other facility or institution referenced in Section 4573 of the Penal Code.

    (e) Laws providing that it would constitute negligence or professional malpractice to undertake any task while impaired from smoking or ingesting cannabis or cannabis products.

    (f) The rights and obligations of public and private employers to maintain a drug and alcohol free workplace or require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growth of cannabis in the workplace, or affect the ability of employers to have policies prohibiting the use of cannabis by employees and prospective employees, or prevent employers from complying with state or federal law.

    (g) The ability of a state or local government agency to prohibit or restrict any of the actions or conduct otherwise permitted under Section 11362.1 within a building owned, leased, or occupied by the state or local government agency.

    (h) The ability of an individual or private entity to prohibit or restrict any of the actions or conduct otherwise permitted under Section 11362.1 on the individual’s or entity’s privately owned property.

    (i) Laws pertaining to the Compassionate Use Act of 1996.

    What does this mean? Just because Cannabis is legal doesn't mean that everything Cannabis related is now legal. Here's a list of what hasn't changed.

    (a) Drive High get a DUI
    (b) Selling/Giving Cannabis to persons under 21 is illegal
    (c) Under 21 Cannabis Use is illegal
    (d) Toking and Eating Cannabis & Products on Institutions of Penal Code 4573
    (e) Undertaking a task you can't do impaired and would be negligence or professional malpractice to do so is illegal
    (f) Employers can still maintain a drug and alcohol free workplace.
    (g) Government Locations can still maintain a drug and alcohol free environment.
    (h) Anyone can still maintain a drug free environment on their property.
    (i) The Compassionate Use Act of 1996 is NOT affected by these laws.

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  • 1. HSC 11362.3(a)(1) - No Toking in Public
     

    California Health and Safety Code Section 11362.3(a)(1)

    (a) Section 11362.1 does not permit any person to:

    (1) Smoke or ingest cannabis or cannabis products in a public place, except in accordance with Section 26200 of the Business and Professions Code.

    What does this mean? Cannafornians CANNOT Toke or Eat Cannabis in public (unless it's a pot lounge).

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  • 2. HSC 11362.3(a)(2) - No Smoking Zones are No Toking Zones
     

    California Health and Safety Code Section 11362.3(a)(2)

    (a) Section 11362.1 does not permit any person to:

    (2) Smoke cannabis or cannabis products in a location where smoking tobacco is prohibited.

    What does this mean? Cannafornians can't toke in Tobacco Free zones.

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  • 3. HSC 11362.3(a)(3) - Toking Near Schools and Children
     

    California Health and Safety Code Section 11362.3(a)(3)

    (a) Section 11362.1 does not permit any person to:

    (3) Smoke cannabis or cannabis products within 1,000 feet of a school, day care center, or youth center while children are present at the school, day care center, or youth center, except in or upon the grounds of a private residence or in accordance with Section 26200 of the Business and Professions Code and only if such smoking is not detectable by others on the grounds of the school, day care center, or youth center while children are present.

    What does this mean? Cannafornians Can't Toke within 1000 feet of schools unless they are undetectable in their house.

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  • 4. HSC 11362.2(a)(3) - 6 Plant limit is Per Residence, CA Home Grower
     

    California Health and Safety Code Section 11362.2(a)(3)

    (a) Personal cultivation of cannabis under paragraph (3) of subdivision (a) of Section 11362.1 is subject to the following restrictions:

    (3) Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time.

    What does this mean? Cannafornians' right to grow 6 plants is per residence, this means only 6 plants per private Residence (Check the Definition! This is important!)

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  • 5. HSC 11362.3(a)(5) - School Ground Toking is Permitted if...
     

    California Health and Safety Code Section 11362.3(a)(5)

    (a) Section 11362.1 does not permit any person to:

    (5) Possess, smoke, or ingest cannabis or cannabis products in or upon the grounds of a school, day care center, or youth center while children are present

    What does this mean? Cannafornians CAN smoke in School if no children are present.

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  • 6. HSC 11362.2(a)(1) - Local Laws Determine Grower Rights, CA Home Grower
     

    >California Health and Safety Code Section 11362.2(a)(1)

    Personal cultivation of cannabis under paragraph (3) of subdivision (a) of Section 11362.1 is subject to the following restrictions:

    (1) A person shall plant, cultivate, harvest, dry, or process plants in accordance with local ordinances, if any, adopted in accordance with subdivision (b).

    What does this mean? Cannafornians should expect their local city or county to issue restrictions for CA home growers.

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  • 7. HSC 11362.2(b)(3) - Outdoor Growing can be Illegal, CA Home Grower
     

    California Health and Safety Code Section 11362.2(b)(3)

    (b) (3) Notwithstanding paragraph (3) of subdivision (a) of Section 11362.1, a city, county, or city and county may completely prohibit persons from engaging in actions and conduct under paragraph (3) of subdivision (a) of Section 11362.1 outdoors upon the grounds of a private residence.

    What does this mean? Cannafornians should check their local laws which can make outdoor growing completely illegal.

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  • 8. HSC 11362.3(a)(7) - Drive High get a DUI
     

    California Health and Safety Code Section 11362.3(a)(7)

    (a) Section 11362.1 does not permit any person to:

    (7) Smoke or ingest cannabis or cannabis products while driving, operating a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.

    What does this mean? Cannafornians can't drive and toke or eat cannabis.

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  • 9. BPC 26154 - NO False Health Claims by Licensees
     

    California Business and Professions Code Section 26154

    A licensee shall not include on the label of any cannabis or cannabis product or publish or disseminate advertising or marketing containing any health-related statement that is untrue in any particular manner or tends to create a misleading impression as to the effects on health of cannabis consumption.

    What does this mean? Cannifornians should be wary of any company that advertise their product is a miracle cure of some sort or has an effect that has not been proven.

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  • 10. HSC 11362.3(a)(8) - Passenger Getting High get a DUI
     

    California Health and Safety Code Section 11362.3(a)(8)

    (a) Section 11362.1 does not permit any person to:

    (8) Smoke or ingest cannabis or cannabis products while riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation except as permitted on a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation that is operated in accordance with Section 26200 of the Business and Professions Code and while no persons under 21 years of age are present.

    What does this mean? Cannafornians can't toke in personal vehicles for sure. Commercial vehicles maybe.

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  • 11. HSC 11362.3(a)(4) - No Open Containers While Driving
     

    California Health and Safety Code Section 11362.3(a)(4)

    (a) Section 11362.1 does not permit any person to:

    (4) Possess an open container or open package of cannabis or cannabis products while driving, operating, or riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.

    What does this mean? Cannafornians can't have an open container of Cannabis in a vehicle.

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  • 12. HSC 11362.3(a)(6) - Be Careful when Making your Own Concentrated Cannabis
     

    California Health and Safety Code Section 11362.3(a)(6)

    (a) Section 11362.1 does not permit any person to:

    (6) Manufacture concentrated cannabis using a volatile solvent, unless done in accordance with a license under Division 10 (commencing with Section 26000) of the Business and Professions Code.

    What does this mean? Cannafornians can't use volatile solvents to make their own concentrated cannabis. Seriously though, check punishments because the worst revolve around this rule.

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  • 13. BPC 26200(f) - Local Cities and Counties Cannabis Law-Making Rights
     

    California Business and Professions Code Section 26200(f)

    (f) This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.

    What does this mean? Cannafornians should expect that cities and counties will have a LOT Of power and discretion to make their laws.

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  • 14. BPC 26153 - NO Free Give Away by Licensees
     

    California Business and Professions Code Section 26153

    A licensee shall not give away any amount of cannabis or cannabis products, or any cannabis accessories, as part of a business promotion or other commercial activity.

    What does this mean? Cannifornians should know that any licensee giving away free cannabis, products, or accessories to you to promote their business is doing so illegally. DON'T EXPECT FREEBIES. Businesses will have to find a new way to promote and execute cannabis advertising.

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  • 15. BPC 26200(g)(1)-(3) - Pot Lounges for Retailers and Micro-business ONLY
     

    California Business and Professions Code Section 26200(g)(1)-(3)

    (g) Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met:
    '
    (1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age and older.
    (2) Cannabis consumption is not visible from any public place or nonage-restricted area.
    (3) Sale or consumption of alcohol or tobacco is not allowed on the premises.

    What does this mean? Cannifornians who want to go to a local pot lounge should realize that only retailers or microbusinesses are able to allow it. A microbusiness is if the location has 3 more licenses! In addition, it has to be 21+, not visible, and no sale or consumption of alcohol or tobacco is allowed.

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  • 16. BPC 26200(a)(1)-(2) - Information on Your Local Pot Businesses!
     

    California Business and Professions Code Section 26200(a)(1)-(2)

    (a)(1) This division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction.

    (2) This division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements.

    What does this mean? Cannifornians should know that your local government determines how cannabis-friendly your area will be. In fact, they can completely ban all cannabis businesses if they wanted to!

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The Legend, Key, Acronyms:

  • HSC – Health and Safety Code
  • PC – Penal Code
  • USC – United States Code
  • VC – Vehicle Code
  • BPC – Business and Professions Code
  • RTC – Revenue and Taxation Code

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