California Cannabis Laws: MAUCRSA Edition

By Omar Figueroa

Comprehensive legal reference updated for 2018 containing California's cannabis laws, organized by California Code and section number.  Contains seminal legislation, including: Proposition 215 (the Compassionate Use Act of 1996), Senate Bill 420 (The Medical Marijuana Program Act), Proposition 64 (the Adult Use of Marijua

• Language: English
• Publisher: Lux Law Publishing
• Release date: May 1, 2018
• ISBN: 9780998421520

Book preview

California Cannabis Laws

MAUCRSA Edition

Omar Figueroa

California Cannabis Laws: MAUCRSA Edition

©2018 Omar Figueroa, All rights reserved.

ISBN 978 0-9984215-1-3

ISBN 978 0-9984215-2-0 (e-book)

Disclaimer

This publication has been created to provide you with accurate and authoritative information concerning California cannabis law. It is sold with the understanding that the publisher is not engaged in rendering legal or other professional services. This publication is not a substitute for legal advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional.

The law is ever changing and sometimes errors happen even with careful attention to detail. Although this publication is designed to aid in the research and practice of cannabis law, it is recommended that you cross check the California Legislature website for any change in the law. The URL for the Legislature’s website is: http://leginfo.legislature.ca.gov/faces/codes.xhtml

Also, please keep yourself informed by purchasing the most up-to-date edition of this publication as it comes available.

Colophon

Author: Omar Figueroa, Esq.

Legal and Research Assistant: Tina S. Smith, J.D.

Book design and layout: Jocelyn Bergen. This book is set in the Sabon typeface.

Cover design: Tina S. Smith, J.D.

Published by Lux Law Publishing

Dedication

This MAUCRSA edition of California Cannabis Laws is dedicated to Tina Suzanne Smith, J.D. Thank you, Tina, for your dedication, perseverance, and attention to detail.

Preface

California cannabis laws have greatly expanded in the past few years. Not only did California voters legalize cannabis for adults 21 and older with the passage of Proposition 64, known as the Adult Use of Marijuana Act (AUMA) in November of 2016, but the Legislature also created a new framework for medical cannabis regulations with several bills comprising the Medical Cannabis Regulation and Safety Act (MCRSA). Adult use and medical cannabis laws were then merged together in 2017 into a comprehensive regulatory scheme to create the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).

I am a practicing lawyer in California, and I saw an unmet need for a reference volume containing California’s cannabis laws. (I compiled my own binder with AB 243, AB 266, SB 643, etc., like many of my colleagues have, and when that task was completed, I realized I needed to organize the contents of the bills by code and code section.) All of the relevant code sections pertaining to cannabis law in California have been arranged into this comprehensive reference work. Moreover, the relevant code sections can be easily found with the annotated table of contents, with detailed section descriptors summarizing the contents of each code section.

Why is such a book necessary in this day of free online access to California’s Codes? Because MAUCRSA did not create a legal tabula rasa by repealing all former cannabis laws and establishing a new legal order. Instead, MAUCRSA changed and augmented the existing laws, making California cannabis laws even more byzantine than before.

It was not always this way. Cannabis was legal in California until 1913, when the Poison Act was amended to outlaw narcotic preparations of hemp or loco-weed. (At that point, it was legal under federal law.) In the 1950’s, possession was escalated to a felony with mandatory jail. The madness continued until 1976, when the Legislature decriminalized possession of small quantities of marijuana with the Moscone Act. Nevertheless, the cultivation of a single plant, and the sale or possession for sale of any amount, remained non-reducible felonies under California law for decades.

On November 5, 1996, California voters approved Proposition 215, the Compassionate Use Act (CUA), making California the first state in the United States to legalize the possession and cultivation of medical cannabis by patients and primary caregivers. For the first time in nearly a century, patients were allowed to use medical cannabis for the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.

Senate Bill 420 was passed in 2003, and became effective on January 1, 2004, establishing a voluntary program for the issuance of official identification cards to qualified medical cannabis patients and caregivers. SB 420 also purported to establish default limits of no more than eight ounces of dried processed flowers per qualified patient and no more than six mature or 12 immature marijuana plants per qualified patient; these limits were subsequently struck down by the California Supreme Court as unconstitutional legislative amendments to Proposition 215, to the extent that they burden an accused’s defense. SB 420 also established a medical defense for qualified patients and caregivers who associate in order collectively or cooperatively to cultivate cannabis for medical purposes. The era of collectives and cooperatives was born.

In 2010, Governor Schwarzenegger signed Senate Bill 1449, which reclassified possession of up to 28.5 grams of marijuana from a no jail misdemeanor punishable by a $100 maximum fine, to an infraction with the same lenient penalties, but without the right to a jury trial afforded to misdemeanor defendants by the California Constitution.

The Medical Marijuana Regulation and Safety Act (with the unfortunate acronym MMRSA) was passed on September 11, 2015, and went into effect on January 1, 2016. It first consisted of three bills: SB 643, AB 266, and AB 243. They established a new regulatory agency, the Bureau of Medical Marijuana Regulation (BMMR, pronounced bummer), created a regulatory framework with a dual licensing system requiring local permits and state licenses, and added a sunset clause to the collective and cooperative defense. Within the next year, more legislation was added, which resulted in numerous changes including a renamed Medical Cannabis Regulation and Safety Act (MCRSA) and Bureau of Medical Cannabis Regulation (BMCR).

On November 8, 2016, the California voters approved the Adult Use of Marijuana Act (AUMA), which officially went into effect the next day. AUMA partially legalized marijuana under state law by adults 21 and older, allowing adults to legally grow, possess, and use small quantities of marijuana for nonmedical purposes. It also reduced the severity of, and penalties for, many cannabis-related offenses, and established a regulatory framework for non-medical adult-use cannabis similar to the MCRSA framework.

Finally, the laws governing medical and recreational cannabis were merged together to create the Medicinal and Adult-Use Cannabis Regulation and Safety act (MAUCRSA). MAUCRSA set forth a comprehensive regulatory framework with different license types overseen by different regulatory agencies. First, cultivation activities are licensed and regulated by CalCannabis Cultivation Licensing within the California Department of Food and Agriculture. Second, manufacturing is licensed and regulated by the Manufactured Cannabis Safety Branch within the Department of Public Health. Finally, distribution, laboratory testing, retail (both storefront and delivery-only), microbusinesses, and cannabis events are overseen by the Bureau of Cannabis Control within the Department of Consumer Affairs.

The goal of this publication is to combine all of the relevant code sections related to cannabis law into a user-friendly guide that can be used by cannabis lawyers, scholars, and entrepreneurs to be able to research the law. We hope you find California Cannabis Laws: MAUCRSA Edition to be an indispensable tool in your legal library.

Because California law is rapidly evolving, we suggest checking for the latest changes, amendments, and updates at the California Legislature’s web site: http://leginfo.legislature.ca.gov/faces/codes.xhtml

A Word About Legal Taxonomy

In order to get the most out of this resource, it’s helpful to know the legal classification of California’s laws. The California Codes are 29 legal codes enacted by the California State Legislature, which together form the general statutory law of California. The California Codes are organized by subject matter, such as the Business and Professions Code, the Health and Safety Code, or the Vehicle Code. Codes are divided into Titles, which are numbered and cover a broad area of law within that subject matter. Titles are further broken down into numbered Divisions which cover a narrow area of law within that Title. Divisions are broken down into Parts, followed by Chapters, then Articles, and finally into individual Sections. A law is most typically referred to in the California Courts by its Code name and Section number (for example, Health and Safety Code Section 11362.5).

I. Business and Professions Code Sections

II. Civil Code Sections

III. Evidence Code Sections

IV. Fish and Game Code Sections

V. Food and Agricultural Code Sections

VI. Government Code Sections

VII. Health and Safety Code Sections

VIII. Labor Code Sections

IX. Penal Code Sections

X. Revenue and Taxation Code Sections

XI. Vehicle Code Sections

XII. Water Code Sections

XIII. Regulatory Agencies

Table of Contents

I. Business and Professions Code Sections

§ 27 [The Bureau of Medical Cannabis Regulation Shall Disclose on the Internet Information on its Licensees]

§ 101 [The Department of Consumer Affairs is Comprised of, Among Others, the Bureau of Medical Cannabis Regulation]

§ 144 [The Bureau of Medical Cannabis Regulation Shall Conduct Criminal History Record Checks]

§ 205.1 [Establishing the Medical Cannabis Regulation and Safety Act Fund, a Special Fund Within the Professions and Vocations Fund]

§ 2220.05 [Medical Board of California to Prioritize Investigative and Prosecutorial Resources]

§ 2241.5 [Treatment of Pain by Doctors; Requirements for Recommending Medical Cannabis]

§ 2242.1 [Prohibition on Prescribing, etc. on the Internet Without Appropriate Prior Examination and Medical Indication]

§ 2525 [Misdemeanor for Doctor Who Recommends Medical Cannabis to Accept, etc. Any Form of Remuneration From State Licensed Medical Cannabis Facility if Doctor or Immediate Family Have Financial Interest in Facility]

§ 2525.1 [The Medical Board Shall Consult with the Center for Medicinal Cannabis Research on Developing Guidelines for the Administration and Use of Medical Cannabis]

§ 2525.2 [Doctor or Osteopath Must Be Attending Physician to Recommend Medical Cannabis]

§ 2525.3 [Recommending Medical Cannabis Without Appropriate Prior Examination and Medical Indication Constitutes Unprofessional Conduct]

§ 2525.4 [Unprofessional Conduct for Physician Recommending Medical Cannabis to Be Employed By Entity Dispensing Medical Cannabis]

§ 2525.5 [Advertising for Physician Recommendations for Medical Cannabis; Mandatory Notice to Consumers]

Division 6. BUSINESS RIGHTS

Chapter 3. Trade Names and Designations

Article 3. Farm Names

§ 14460 [Farm Includes Ranch, Estate, and Villa]

§ 14461 [Farm Names May be Registered with the Secretary of State; Certificate]

§ 14462 [The Name of a Registered Farm May be Used as a Trade-mark on the Products Grown on the Farm]

§ 14463 [Registration Under this Article has the Same Effect as A California Trade-mark Registration]

§ 14464 [After a Farm Name has been Registered, No Other Farm in California May Register that Name Unless Designating Words are Prefixed or Added]

§ 14465 [Misdemeanor to Knowingly Register or Make Use of a Farm Name Already in Use]

Medicinal and Adult-Use Cannabis Regulation and Safety Act

Division 10. Cannabis

Chapter 1. General Provisions and Definitions

§ 26000 [Purpose and Intent of Division 10; Expands Power and Duties of State Agencies to Control and Regulate the Medicinal and Adult-Use Cannabis Industry; By Majority Vote the Legislature May Enact Laws to Implement Division 10]

§ 26001 [Definitions]

Chapter 2. Administration

§ 26010 [The Bureau of Cannabis Control]

§ 26010.5 [Powers, Duties, Purposes, Responsibilities, and Jurisdiction of the Bureau to Regulate Medicinal and Adult Use Commercial Cannabis Activity]

§ 26011 [Clean Government Restrictions Upon the Chief of the Bureau and Members of the Cannabis Control Appeals Panel]

§ 26011.5 [Protection of the Public Paramount]

§ 26012 [Designation of Licensing Authorities: the Department of Consumer Affairs, the Department of Food and Agriculture, and the Department of Public Health; Licensing Authorities May Collect Fees and Create Additional Licenses; Licensing Authorities Shall Begin Issuing Licenses by January 1, 2018]

§ 26013 [Licensing Authorities to Issue Reasonable Rules and Regulations, Including Emergency Regulations; Limitations on Regulations]

§ 26013.5 [Notice of action by Licensing Authority]

§ 26014 [Establishment of Advisory Committee to Advise Bureau of Cannabis Control and Licensing Authorities; Annual Public Report by Advisory Committee]

§ 26015 [Licensing Authority to Conduct Investigations]

§ 26016 [Licensing Authority May Delegate Power to Hear and Decide to Administrative Law Judge]

§ 26017 [Licensing Authority May Pay Expenses of Witness Subpoenaed to Hearing Before Licensing Authority]

§ 26018 [Licensing Authority May Review Penalty Assessment; Review Limited to Penalty Reduction]

Chapter 3. Enforcement

§ 26030 [Grounds for Disciplinary Action]

§ 26031 [Licensing Authority May Suspend or Revoke Licenses; Procedures for Disciplinary Proceedings]

§ 26032 [Disciplinary Action for Violation Committed by Licensee’s Agent or Employee Acting on Behalf of Licensee]

§ 26033 [Exemption of Licensing Requirement for Personal Medical Use]

§ 26034 [Time Limits for Accusations Against Licensees]

§ 26035 [Director of the Department of Consumer Affairs Shall Designate Employees for Administration and Enforcement of Division 10; Sufficient Number of Enforcement Employees Must be Qualified Peace Officers]

§ 26036 [Division 10 Shall Not Be Interpreted to Supersede or Limit State Agencies From Exercising Existing Enforcement Authority]

§ 26037 [No Arrest, Prosecution, Etc. for Actions by Licensee, Employees, and Agents Permitted Pursuant to State License and in Accordance with Requirements and Regulations; Protection for Property Owners]

§ 26038 [Penalties for Unlicensed and Licensed Commercial Cannabis Activity; Designation of Where to Deposit Penalty Collected; Clarification of Continued Criminal Penalties]

Chapter 4. Appeals

§ 26040 [Establishment of Cannabis Control Appeals Panel; Appointment of Panel Members; Annual Salary; Removal Process]

§ 26041 [Cannabis Control Appeals Panel Personnel and Logistics]

§ 26042 [Procedures for Appeals]

§ 26043 [Review by the Cannabis Control Appeals Panel; Questions to be Considered on Appeal]

§ 26044 [Remanding for Reconsideration by the Bureau or Licensing Authority; Affirming or Reversing the Decision of the Bureau or Licensing Authority]

§ 26045 [Orders of the Cannabis Control Appeals Panel Subject to Judicial Review]

§ 26046 [Basis of Review by the Court]

§ 26047 [Findings and Conclusions]

Chapter 5. Licensing

§ 26050 [License Classifications; Designation as Commercial Marijuana (Nonmedical); License Valid 12 Months; Each Licensing Authority to Establish Procedures for the Issuance and Renewal of Licenses]

§ 26050.1 [Temporary Licenses]

§ 26051 [Factors for Licensing Authority to Consider on Issuance, Denial, or Renewal of License; Definition of Excessive Concentration of Licensees]

§ 26051.5 [Applicant Requirements]

§ 26052 [Restrictions of Licensee, Employee, Agent, or Contractor in Regard to Fair Trade and Competition; Personal Liability for Violation; Regulation by Licensing Authority; Any Person or Trade Association May Bring Legal Action]

§ 26053 [Testing Laboratories Prohibited from Licensure for Any Other Activity; Multiple Licenses]

§ 26054 [Licensee Shall Not Be Licensed as Retailer of Alcoholic Beverages or Tobacco Products; Radius from School, Day Care Center, or Youth Center; Research and Development by Business Engaged in the Manufacture of Cannabis Accessories]

§ 26054.2 [Priority Licensing; Identification by Local Jurisdiction of Potential Applicants for Licensure; Sunset Clause]

§ 26055 [Licensing Authorities May Issue State License Only to Qualified Applicants; Separate Licenses for Each Premises; Restriction on Changes or Alterations to the Premises After Issuance or Transfer of License; Licensing Authorities Must Deny Application if Approval of State License Will Violate Local Ordinance or Regulation]

§ 26056 [Requirements of Health and Safety Code Sections 13143.9, 13145, and 13146 Apply to Licensees]

§ 26057 [Grounds for Denial of State License]

§ 26058 [Written Notification of Denial of Application]

§ 26059 [Denial Shall Not Be Based Solely on Misconduct Where Applicant Has Obtained Certificate of Rehabilitation or Dismissal of Conviction]

Chapter 6. Licensed Cultivation Sites

§ 26060 [Regulations by Department of Food and Agriculture and Department of Pesticide Regulation]

§ 26060.1 [Conditions Requested by State Water Resources Control Board and Department of Fish and Wildlife]

§ 26061 [State Cultivator License Types; Restrictions on Type 5, Type 5A, and Type 5B Licenses]

§ 26062 [Certified Organic Designation and Organic Certification Program]

§ 26062.5 [Restriction on Organic Designation and Certification]

§ 26063 [Recognition of Appellation of Origin; Misidentification of County of Origin Prohibited]

§ 26065 [Employee Engaged in Cultivation Subject to Wage Order No. 4-2001 of the Industrial Welfare Commission]

§ 26066 [Licensed Cultivation Shall be Conducted to Ensure Compliance with State and Local Laws; State Agencies Shall Address Environmental Impacts and Coordinate Enforcement Efforts]

Chapter 6.5. Unique Identifiers and Track and Trace

§ 26067 [Department to Establish a Track and Trace Program; Information to be Captured Throughout the Distribution Chain; Creation of Electronic Database]

§ 26068 [Track and Trace of Cultivation Tax Due; Electronic Seed to Sale Software Tracking System; Third Party Applications, Programs, and Information Technology Systems]

§ 26069 [Establishment of Cannabis Cultivation Program; Implementation of Unique Identifier Program]

§ 26069.1 [Cooperative Agreement Between State and Local Agencies]

§ 26069.9 [Department means Department of Food and Agriculture; Secretary means Secretary of Food and Agriculture]

Chapter 7. Retailers and Distributors

§ 26070 [Retailer, Distributor, and Microbusiness Licenses to be Issued by the Department of Consumer Affairs; Security and Transportation Safety Requirements]

§ 26070.1 [Opaque Package Requirement]

§ 26070.5 [Feasibility Determination for Nonprofit Licenses; Temporary Local Licenses to Nonprofit Entities]

Chapter 8. Distribution and Transport

§ 26080 [Restriction on Transportation or Distribution Outside California Unless Authorized by Federal Law; Transportation on Public Roads by Licensee and Limits of Local Control]

Chapter 9. Delivery

§ 26090 [Deliveries by Licensed Retailer, Microbusiness, or Nonprofit; Customer to Maintain Copy of Delivery Request; Local Jurisdiction Cannot Prevent Delivery on Public Roads by Licensee Acting in Compliance with Local Law]

Chapter 10. Testing Laboratories

§ 26100 [Cannabis or Cannabis Product Testing Requirements; Chemical Profile; Contaminants; Residual Levels of Volatile Organic Compounds; Testing Methods; Chain of Custody Protocol]

§ 26102 [Testing License Requirements]

§ 26104 [Licensed Testing Service to Comply With Applicable Law and Regulations; Procedures to be Established by the Bureau to Ensure Testing Prior to Consumption; Frequency and Cost of Testing; Destruction of Noncompliant Harvested Batches; Testing Restricted to Cannabis and Cannabis Products from Licensed Businesses, and Qualified Patients or Their PrimaryCaregivers]

§ 26105 [Manufacturing Level 2; Limitation of Risk to Public Safety Created by Volatile Solvents; Department of Public Health to Establish Minimum Standards]

§ 26106 [Standards Developed by the Department of Public Health for the Production and Labeling of Marijuana Products Apply to Licensed Manufacturers, Microbusinesses, and Nonprofits]

Chapter 11. Quality Assurance, Inspection, and Testing

§ 26110 [Quality Assurance, Inspection, and Testing Prior to Sale; Distributor Responsibilities; Quality Assurance Compliance Monitor]

Chapter 12. Packaging and Labeling

§ 26120 [Packaging and Labeling Requirements]

§ 26121 [Misbranded Cannabis Products]

Chapter 13. Manufacturers and Cannabis Products

§ 26130 [The State Department of Public Health Shall Regulate Manufacturing Licenses; Manufacturing License Categories; Volatile Solvents; Edible Cannabis Products Requirements and Restrictions; Cannabis Not Considered an Adulterant]

§ 26131 [Factors Making a Cannabis Product Adulterated; Unlawful Actions Associated with Adulterated Cannabis Products]

§ 26132 [Notice to Manufacturer of Adulterated or Misbranded Products; Criteria for Immediate Cease of Distribution or Recall; Opportunity for Informal Proceeding; State Department of Public Health Authority to Order Mandatory Recall]

§ 26133 [Cannabis Product Embargoed for Being Adulterated or Misbranded; Possible Corrections; Destruction of Adulterated or Misbranded Products]

§ 26134 [The State Department of Pubic Health Citations]

§ 26135 [Circumstances for Seizure of Cannabis or Cannabis Products]

Chapter 14. Protection of Minors

§ 26140 [Licensees to Shun Persons Under 21 Years of Age; Use of Persons Under 21 Years of Age Allowed as Decoys for Enforcement; Exceptions for Medicinal Licensee]

Chapter 15. Advertising and Marketing Restrictions

§ 26150 [Definitions]

§ 26151 [Requirement of Identification of Licensee in Advertisement or Marketing; Restrictions on Minor Audience; Age Verification; Advertising Must Be Truthful and Appropriately Substantiated]

§ 26152 [Restrictions on Advertising and Marketing by Licensees]

§ 26153 [Prohibition on Giving Away Cannabis, Cannabis Products, or Cannabis Accessories for Business Promotion]

§ 26154 [Restrictions on Health Related Statements in Advertising or Marketing]

§ 26155 [Exceptions to Restrictions on Advertising]

§ 26156 [The Requirements of Section 5272 Apply to tis Division]

Chapter 16. Records

§ 26160 [Record Keeping and Maintenance by Licensees of Commercial Cannabis Activity; Examination of Records and Inspections of Premises; Citation and Fine for Violation]

§ 26161 [Specific Records Required for Each Sale or Transport Between Licensees; Sales Invoice Information]

§ 26162 [Confidentiality of Medical Information and Records of Medicinal Cannabis Patients]

§ 26162.5 [Confidential Medical Information Includes the Patients Name, Address, Social Security Number, Medical Condition, and Primary Caregiver]

Chapter 18. License Fees

§ 26180 [Licensure and Renewals Fees to be Established by Each Licensing Authority; Fees Set on Scaled Basis Dependent on Size of the Business; Fees Deposited in Each Licensing Authority’s Account in the Cannabis Control Fund]

§ 26180.5 [Deadline for Safe and Viable Way to Collect Cash Payments for Taxes and Fees]

§ 26181 [Authorization for State Agencies to Establish Fees to Cover Costs of Cannabis Regulatory Programs]

Chapter 19. Annual Reports; Performance Audit

§ 26190 [Requirement of Annual Report to the Legislature by Each Licensing Authority; Posting on Authority’s Website; Information Included in Report]

§ 26190.5 [Study to Identify the Impact of Cannabis on Motor Skills to be Developed]

§ 26191 [Annual Performance Audit by the Bureau of State Audits; Information Included in Report of Performance Audit]

Chapter 20. Local Control

§ 26200 [Deference to Jurisdiction to Adopt and Enforce Local Ordinances to Regulate Licensed Businesses or to Completely Prohibit the Establishment or Operation of One or More Types of Licensed Businesses; Local Jurisdiction to Notify Bureau Upon Revocation of Local License, Permit, or Authorization; State Temporary Event Licenses May be Issued in Local Jurisdictions that Authorize Such Events; Local Jurisdiction May Allow Smoking, Vaporizing, and Ingesting of Cannabis or Cannabis Products on Premises of Retailer or Microbusiness; Restrictions]

§ 26201 [State to Establish Minimum Standards, Requirements, and Regulations; Local Jurisdiction May Establish Additional Standards, Requirements, and Regulations]

§ 26202 [Delegation of Enforcement Authority to Local Jurisdiction; Memorandum of Understanding Between Bureau or Licensing Authority and the Local Jurisdiction]

Chapter 21. Funding

§ 26210 [Change of Fund Name to Cannabis Control Fund; General Fund Repayment; Renaming of Medical Cannabis Fines and Penalties Account to Cannabis Fines and Penalties Account]

§ 26210.5 [Deadline to Establish Offices to Safely Collect Cash Fees and Taxes in Humboldt, Mendocino, and Trinity County]

§ 26211 [Advances from the General Fund; Annual Funding by the Legislature; Public Information Program by the Department of Health Care Services]

Chapter 22. Cannabis Cooperative Associations

Article 1. Definitions

§ 26220 [Unless the Context Otherwise Requires, Definitions in this Article Govern the Construction of this Chapter]

§ 26220.1 [Association Definition]

§ 26220.2 [Member Definition]

§ 26220.3 [Cannabis Product Definition]

Article 2. General Provisions

§ 26222 [Purpose of this Chapter]

§ 26222.1 [Exemption for Possession of Cannabis Product by Cultivator Members]

§ 26222.2 [Compliance with This Chapter Required for Use of Cannabis Cooperative in Name or Marketing]

§ 26222.3 [Restriction on Monopolistic Practices]

§ 26222.4 [Agreements Shall Not Result in Restraint of Trade or Violation of State Law]

§ 26222.5 [Application of the Corporations Code]

§ 26222.6 [Proprietary Interest Requirements]

Article 3. Purposes

§ 26223 [Cannabis Cooperative Activities; Disclosure of Members Requirement; Limitation on Cultivation License Type of Members; Four Acre Size Limitation Collectively; Restriction on Members Holding Licenses in Any Other State or Country]

Article 4. Articles of Incorporation

§ 26224 [Required Statements on the Articles of Incorporation for Cannabis Cooperative Associations]

§ 26224.1 [General Domestic Corporation Filing Requirements Apply]

§ 26224.2 [Articles of Incorporation May be Amended Under General Corporation Law]

Article 5. Bylaws

§ 26225 [Adoption of Bylaws]

§ 26225.1 [Meeting Bylaws]

§ 26225.2 [Quorum Bylaws]

§ 26225.3 [Voting Bylaws]

§ 26225.4 [Director and Officer Bylaws]

§ 26225.5 [Penalty Bylaws]

§ 26225.6 [Entrance, Organization, and Membership Fee Bylaws]

§ 26225.7 [Member or Stockholder Fee Bylaws]

§ 26225.8 [Dividend Bylaws]

§ 26225.9 [Member and Stockholder Bylaws]

§ 26225.95 [Death, Withdrawal, Disqualification, and Expulsion Bylaws]

Article 6. Directors and Management

§ 26226 [Election of Board of Directors]

§ 26226.1 [District Bylaws]

§ 26226.2 [Primary Election Bylaws]

§ 26226.3 [District Election Bylaws]

§ 26226.4 [Director Bylaws]

§ 26226.5 [Executive Committee Bylaws]

§ 26226.6 [Fair Remuneration May be Provided]

§ 26226.7 [Filling a Vacancy on the Board of Directors]

§ 26226.8 [Election of Officers; Option to Use Bank or Depository as Treasurer]

§ 26226.9 [Removal of an Officer or Director]

Article 7. Powers

§ 26227 [General Powers]

§ 26227.1 [Power to Borrow; Power to Make Advances to Members]

§ 26227.2 [Power to Act as an Agent or Representative]

§ 26227.3 [Power to Purchase or Otherwise Acquire, hold, Own, and Exercise All Rights of Ownership]

§ 26227.4 [Power to Establish Reserves and Invest the Reserves]

§ 26227.5 [Power to Exercise Privileges of Ownership Over Real or Personal Property]

§ 26227.6 [Power to Levy Assessments]

§ 26227.7 [Power to Use Necessary and Proper Means to Accomplish Purpose and to Benefit the Corporation; Power to Contract Accordingly; Power to Exercise Any Other Rights, Powers, and Privileges Granted to Ordinary Corporations]

§ 26227.75 [Power to Use Facilities for Other Purposes; Restrictions]

§ 26227.8 [Power to Hold Interest In or Merge with Other Cannabis Associations]

§ 26227.9 [Power to Make Agreements and Contracts with Other Cannabis Associations]

Article 8. Financial Provisions

§ 26228 [Associations Not Subject to Division 1 of Title 4 of the Corporations Code]

§ 26228.1 [Issuance of Nonpar Value Stock]

§ 26228.2 [Options for Preferred Shares of Stock]

§ 26228.3 [Requirement of Annual Financial Reports]

Article 9. Members

§ 26229 [Conditions to Admit as a Member or Issue Common Stock]

§ 26229.1 [Written Authorization Requirement to Represent a Member of a Nonstock Association that is Not a Person]

§ 26229.2 [Any Association May Become a Member or Stockholder of Any Other Association]

§ 26229.3 [Certificate of Membership]

§ 26229.4 [Issuance of Stock Only if Fully Paid; Promissory Notes May Give Right to Vote]

§ 26229.5 [Limitation on Common Stock]

§ 26229.6 [Restrictions on Membership and Transfer of Common Stock to be in Bylaws and Printed on Certificate of Stock and Membership]

§ 26229.7 [Association’s Purchase of its Common Stock]

§ 26229.8 [Liability of Member or Stockholder]

Article 10. Marketing Contracts

§ 26230 [Execution of Marketing Contracts; Restrictions]

§ 26230.1 [Enforceable Contracts]

§ 26230.2 [Liquidated Damages Clause]

§ 26230.3 [Breach Remedies]

Article 11. Reorganization of Corporations Organized Pursuant to Other Laws

§ 26231 [Amendment of the Articles of Incorporation]

§ 26231.1 [Requirements To Conform Amended Articles of Incorporation]

§ 26231.2 [Conflicting, Inapplicable, or Inconsistent Provisions of the Amended Articles of Incorporation]

II. Civil Code Sections

§ 1550.5 [Brief History of California Cannabis Legislation, including Proposition 215, MCRSA, AUMA, and MAUCRSA; Enforceability of Contracts for Commercial Cannabis Activity Conducted in Compliance with California Law and Applicable Local Standards, Requirements, and Regulations]

III. Evidence Code Sections

§ 956 [Crime/Fraud Exception to the Lawyer-Client Privilege; Privilege Applies to Legal Services Rendered in Compliance with State and Local Laws on Medicinal or Adult-Use Cannabis Provided Lawyer Advises Client on Conflict with Federal Law]

IV. Fish and Game Code Sections

§ 1602 [Notification Requirements for the Diversion or Obstruction of Natural Bodies of Water]

§ 1617 [Department General Agreement Related to Cannabis Cultivation Specifics]

§ 2080 [Restriction on Import and Export of Endangered or Threatened Species In or Out of California]

§ 3513 [Migratory Nongame Bird Law]

§ 5650 [List of Materials Unlawful to Deposit In, Permit to Pass Into, or Place Where It Can Pass Into Waters; Exceptions; Defenses]

§ 5652 [List of Unlawful Items to Be Deposited, Permitted to Pass Into, Placed Where It Can Pass Into, Abandoned, Disposed of, or Thrown Away Within 150 Feet of the High Water Mark of the Waters of the State; Specifics on Motor Vehicle Violations; Exceptions]

§ 12025.2 [Complaint in Accordance with Water Code Section 1055]

§ 12029 [Findings of the Legislature on the Environmental Impact of Cannabis Cultivation; Establishment of Watershed Enforcement Program; Establishment of Multiagency Task Force to Address Environmental Impacts; Department May Adopt Regulations to Enhance Fees]

V. Food and Agricultural Code Sections

§ 37104 [Medical Cannabis Milk Product Exception]

§ 52452 [Cannabis Seed Labeling Requirements; Exceptions to the Labeling Requirement; Definition of neighbor]

§ 54036 [Restrictions on the Use of the Word Cooperative in a Corporate Name or Other Business Name or Title]

§ 81000 [Definitions Related to Hemp Division]

§ 81006 [Industrial Hemp Growth Limitations; Prohibitions; Imports; Laboratory Testing]

§ 81008 [Required Attorney General Reports on Industrial Hemp]

§ 81010 [Operation of Division]

VI. Government Code Sections

§ 9147.7 [Definition of Eligible Agency; Creation of Joint Sunset Review Committee; Agency Report Requirements; Procedure for Repeal of Agency]

§ 11553 [Annual Salary for the Chairperson of the Cannabis Control Appeals Panel]

§ 11553.5 [Annual Salary for a Member of the Cannabis Control Appeals Panel]

§ 68152 [Destruction of Court Records]

VII. Health and Safety Code Sections

§ 7151.36 [Medical Marijuana Provisions for Organ Transplants]

§ 11006.5 [Definition of Concentrated Cannabis]

§ 11007 [Definition of Controlled Substance]

§ 11014.5 [Definition of Drug Paraphernalia]

§ 11018 [Definition of Cannabis]

§ 11018.1 [Definition of Cannabis Products]

§ 11018.2 [Definition of Cannabis Accessories]

§ 11018.5 [Definition of Industrial Hemp; Industrial Shall be Regulated by the Department of Food and Agriculture]

§ 11032 [References Made to the Term Narcotics or Restricted Dangerous Drugs Explanation; Reference Made to the Term Marijuana Means Cannabis]

§ 11054 [Schedule 1 Classification]

§ 11357 [Possession of Cannabis; Possession of Concentrated Cannabis]

§ 11357.5 [Synthetic Cannabinoid Compound or Synthetic Cannabinoid Derivative]

§ 11358 [Cultivation of Cannabis]

§ 11359 [Possession of Cannabis for Sale]

§ 11360 [Unlawful Transportation, Importation, Sale, or Gift of Cannabis]

§ 11361 [Restrictions Related to Cannabis and Minors]

§ 11361.1 [Drug Education and Counseling Provisions for Cannabis]

§ 11361.5 [Destruction of Arrest and Conviction Records; Procedure; Exceptions]

§ 11361.7 [Restrictions on Use/Reliability of Records Subject to Destruction Under Section 11361.5]

§ 11361.8 [Petition for Reduction or Dismissal of Charges Due to Changes in the Law Under the Control, Regulate, and Tax Adult Use of Marijuana Act; Procedure]

§ 11362 [Meaning of Felony Offense and Offense Punishable as a Felony Within This Article]

§ 11362.1 [Lawful Cannabis Under State and Local Law; Not Subject to Seizure and Shall Not Constitute the Basis For Detention, Search, or Arrest]

§ 11362.2 [Restrictions on Personal Cultivation of Cannabis]

§ 11362.3 [Restrictions on Lawful Cannabis and Cannabis Products Possession, Use, and Manufacturing]

§ 11362.4 [Punishment for Violations of Section 11362.2 and 11362.3; Drug Education, Counseling, and Community Service Provisions]

§ 11362.45 [List of Laws and Provisions that 11362.1 Shall Not Amend, Repeal, Affect, Restrict, or Preempt]

§ 11362.5 [Compassionate Use Act of 1996 (Proposition 215)]

§ 11362.7 [Definitions Related to Medical Cannabis]

§ 11362.71 [State Medical Cannabis ID Card Program; Procedures; Protections Against Arrest]

§ 11362.712 [Physician’s Recommendation and State ID Card Compliance with Article 25 of Chapter 5 of Division 2 of the Business and Professions Code as of January 1, 2018]

§ 11362.713 [Confidentiality Requirement of Personal Information of Medical Cannabis Patients and Primary Caregivers]

§ 11362.715 [Required Fee and Information in Order to Obtain State Medical Cannabis ID Card; Who May Provide the Application Information]

§ 11362.72 [Procedure for County Regarding ID Card Application Approval and Issuance]

§ 11362.735 [Information Contained on ID Card; Separate ID Card to be Issued to Designated Primary Caregiver]

§ 11362.74 [Reasons for Denial of ID Card; Options if Denied]

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