California Close to Passing Medical Marijuana Patient Protection Laws

by Salvatore P. Ciulla on November 16, 2014 · 0 comments

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California voters passed the Compassionate Care Act in 1996, which legalized the use of medical marijuana for treatment of medical conditions. However, since then there has been no progress in passing any legislation that governs how medical marijuana is grown, processed, distributed, or sold. Patients who purchase medical marijuana have no way to determine the quality, purity or potency of the marijuana they buy, nor are growers held accountable by any regulatory agency for what they sell.

State Senate Bill 1262 aims to change that. Backed by the League of California Cities and the Police Chiefs Association, the bill brings together groups that would rather see medical marijuana regulated, taxed and controlled than left in the hands of criminals.

The bill would fill in holes left by local municipalities, most of which only deal with taxing and zoning in their marijuana laws. Senate Bill 1262 would create a regulatory body to oversee medical marijuana, as well as licensing individuals involved in the growing and distribution process.  The bill would also track marijuana from grower to patient, including comprehensive testing measures to ensure that patients are getting what they pay for. Additionally, the bill provides quality and labeling standards to help educate patients on what they are buying. Under the bill, dispensary licenses would cost $8,000.

Medical marijuana advocates are critical of some SB 1262 provisions, such as the ones that prohibit individuals with prior drug convictions from getting a license, and the fact that licensees would need to prove that they are operating within local rules. Very few local jurisdictions permit or regulate pot farms, and as long as marijuana is a schedule 1 drug, federal law prohibits the sale of marijuana, so these rules may well be unenforceable.

The Law Office of Salvatore Ciulla located in Orange County, California, represents individuals accused of murder and manslaughter, aggravated assault, burglary, theft and embezzlement, child abuse and domestic violence, narcotics possession and sales, drunk driving (DUI) and vehicular homicide, sexual assault and three strikes cases. We also take Juvenile Court cases and all misdemeanor offenses.


Our mission is to provide the best legal representation and counsel to all clients. Every client and every case is important. Call us at 714-542-0500 for a free analysis of your case and/or charges, or contact us at SalCiullaLaw.com.

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