BUYING & GROWING ILLEGAL WEED IN CALIFORNIA - 2018
Marijuana is only legal if you play the game by the rules.
"At the end of the day, while many growers might want to go legal, come 2018, they're not going to be able to manage it financially or otherwise. Some of their customers will be loyal, and their operations will be driven underground. What are the penalties that these growers - and their customer's face?"
Will I be able to easily buy weed illegally in The Golden State 2018? What is the new penalty for buying illegal weed? How dangerous has black market weed been in the past? How can I get a permit to grow and sell cannabis?
The quick and dirty answer is, yes, illegal weed will still be available in The Golden State in 2018. If you buy small quantities of it like an ounce, and you're caught, you're probably looking at a small fine. But, if you grow or purchase a lot of black-weed, you are probably looking at jail time, even 3-5 years in the slammer. For more precise information see the FURTHER READING section.
On the surface, it is a silly idea to buy cannabis illegally when it's legal, provided that the quality is there and they don't tax it too highly. That is a legitimate concern, if the tax is too high, it could force some high-consumers into the black market.
There are those with old relationships with growers that were not necessarily illegal (operating in the grey area), but these formerly quazi-legal operators might not qualify for a license under the new The Golden State regime. Others may be inline to get permits and are selling, technically illegally till their paperwork clears, if and when. Then there is loyalty. Some people have been buying from a trusted source for years and they're necessarily deemed illegal, due to permit paperwork being stuck in the system. Will customers of these now technically illegal suppliers' dump them? Will they even be aware of the situation?
No, some customers will ignore the State's laws and remain loyal to "their" local grower. Then there is the possibility of buying weed from a supplier you thought was legal. In either case, can you be busted? Quick answer; what is your intent. If you can convince the court that you did not intend to purchase weed illegally, then you won't be convicted or fined. On the other hand, if you go to someone's house and buy a half a pound, it could be very difficult to prove you intended to buy legally. Refer to our FURTHER READING section if you want to dig deeper.
In the post 2018 era, Golden State growers will be forced to scale up and build a brand with expensive facilities, go underground or quit. This is an issue for The Golden State NORML to further. In addition to the cottage farm legislation which "assists" small growers, there needs to be a bettering of the small cannabis business license, which limits grows to a certain size, under a million dollars per year in sales, with a separate set of regulations that still protects the consumer, but does not require small opeartions to spend a million dollars on infrastructure and permits to produce one million dollars worth of weed.
"Cottage farm license for smaller growers caps production at 2,500 square feet of greenhouse space or 25 mature plants, the cottage license may help allay the anxieties that many local governments have about larger marijuana farms, anxieties that have delayed licenses and frustrated small farmers."
Most grower's we think will skip the legal cannabis system because they cannot cope with the requirements, financial and otherwise. They won't be able to work at a profit plain an simple given the increase in overheads. It's a fact that most of the state’s existing marijuana farmers won’t be going legal. Of the estimated 50,000 growers in the Golden State, perhaps less than half will go legal. So we're talking about tens of thousands of growers that could be operating illegally, that is after cannabis was legalized. What an irony.
Then there are those growers that have a strong aversion to paying tax, permit costs, testing and having regulators sniffing up their butts on a regular basis. So you know there is going to be a lot of illegal growing going on. Consumers, whether they delve into the illegal market or not should be aware that pesticides, mold, bacteria from manure and other nasties can often populate their weed.
"The cottage law “sent a signal to local governments, A county that might not be comfortable with having, say 50 plants on a one-acre lot, might be more comfortable with 25 plants or less.” ” - Max Mikalonis
- Purchasing small amounts of cannabis illegally will probably result in a small fine. However, buying more than one ounce and especially pounds could land you in the slammer for one year or more.
- Growing cannabis illegally, that is commercially, which should involve many plants, will probably result in jail time, and larger illegal growers can get 3-5 years.
- Manufacturing concentrate without safety and other permits can get you 3-5 years, using flammable solvents are dealt with harshly.
- Consuming on Federal Lands and Airports can land you in the slammer. Possession by foreigners in airports can get them deported.
- A medical cannabis recommendation is handy to have, as lawmen generallty interpret the laws more favorably to those using the substance for their health.
FACTS AND FIGURES
About 40% of legal dispensary cannabis contained banned pesticides according to a study using random testing of Cali vendors.
There are from 50,000 to 80,000 growers out there according to the Cali Department of Food and Agriculture.
The state’s legal market could be supplied by perhaps 8,000 smallish farms.
Small-scale marijuana farmers employ as many as 250,000 full- and part-time workers.
Growers without permits of a significant size face jail time if caught.
We provide 420 Recommendations, Marijuana Identification Cards, Grower's Permits for use at California dispensaries, delivery services, cooperatives and other suppliers of marijuana based medicines, strains and products. Our online medical cannabis evaluation process takes only a few minutes to complete and patients don't pay until a licensed medical doctor has approved the application.
In 2018, you don't need a medical cannabis card to purchase weed from any legal supplier of marijuana in Cali. But, if you're caught in an airport, or federal area, you can still have a problem. Having a medical cannabis card in this situation sometimes can help to avoid being charged under Federal laws, which prohibit cannabis and even CBD.
Employers that test for drugs can fire employees that test positive for marijuana under the new laws of 2018 in California. In this case, an employee that tests positive - that has a medical marijuana card is sometimes given a mulligan or slap on the wrist. Another benefit is that some dispensaries offer discounts for medical users, and maybe the biggest benefit is that medical cannabis card holders don't pay the cannabis tax, which could come in at $80 per ounce, depending on the jurisdiction.
**What's going down in 2018: Recreational cannabis, Cali cannabis laws, medical cannabis Cali, why you want a medical cannabis card, Cali State cannabis tax.
**Cali is in the advanced stages of setting up a comprehensive regulatory system to oversee all things concerning cannabis. On June 27, 2017, SB-94 the bill was approved. Now, every Californian adult may possess (on their person) one ounce and cultivate six plants legally at home.
**Previously, without medical cannabis ID, possessing up to an ounce of cannabis was the equivalent of a speeding ticket. Now, you in the clear, Scott Free. The new cannabis laws will dramatically reduce the burden on law enforcement, for there were over a half million of petty arrests over cannabis possession over the past decade in Cali Alone. The total costs of those events in terms of lost wages, present and future, social implications, policing, legal and court costs amount into the $ billions of dollars.
**In 2018, you can either get your Identification either - online or at any licensed doctor's office. However, even your family doctor might prefer that you go online.....
**SHOULD I GET A STATE MARIJUANA I.D. CARD?
**Patients don't have to get an Identification card to be covered by The Golden State Marijuana laws, but a state card may provide an extra measure of protection against arrest. Patients and caregivers may obtain state Identification cards through the health departments of the county where they live or online.
**This state Identification card system has safeguards to protect patient privacy. Cops and employers cannot track down patients through the registry system. The Patient's’ Identification Center in Oakland offers Identification cards for all The Golden State residents that are recognized by most collectives and police. Additionally, online doctors offer Identification cards that may be verified.
November 8, 2016 Proposition. 64 Adult Use of Marijuana Act
**1** Legalizes possession and use of up to one ounce of cannabis **or 8 grams of concentrates** and personal use cultivation of up to six plants per residence by adults 21 and over.
**2** Reduces penalties for most illegal cultivation, sale, transport, and possession for sale offenses from felonies to misdemeanors, with possible exceptions for repeat or violent offenders or other aggravating circumstances.
**3** Allows prior offenders to file to have their criminal records changed to what they would have been if Prop 64 had been in effect.
**4** Establishes a licensed regulation system for commercial production and sale of adult use marijuana beginning in Jan 1, 2018.
**5** Levies a production tax of $9.25/ ounce of flowers plus an additional 15% excise tax on retail sales of cannabis both adult-use and medical, effective Jan. 1 2018.
**6** Exempts medical cannabis patients with state-issued Identification cards from the existing 7.25%+ sales tax effective immediately.
**7** Legalizes agricultural production of industrial hemp effective Jan 1, 2017.
Prop 64 prohibits **1** smoking or consumption of cannabis in any "public place" or while driving, **2** possession on school grounds, **3** possession of an open container of cannabis while driving or riding in a motor vehicle.
**Commercial sale, cultivation, and production of cannabis are allowed only by licensed providers. Illegal sale, transport, manufacture, cultivation, or possession with intent to sell are generally punishable as misdemeanors, with felony enhancement allowed for special circumstances and three-time offenders. Minors under 18 are in no case subject to imprisonment, but may be punished by drug education and community service.
**Proposition 64 does not apply on federal property. Possession in national parklands is still illegal. Marijuana, including both THC and CBD, remains an illegal Schedule One substance under the U.S. Controlled Substances Act. Federal charges are typically brought only in large cases where commercial distribution is suspected **e.g., cultivation of several hundred plants**.Text of the Controlled Substances Act READ MORE
"Trafficking a Schedule I drug can result in prison time of no more than five years for the first offense under 50 grams, and continues to climb dramatically as the weight increases. "
**If you do ship cannabis and get hassled at some point, you certainly want to have a valid medical cannabis card handy, that allows for the possession, transport and consumption of medical cannabis.
**The United States postal service played a significant role in the evil that is the war on drugs. It's become common knowledge that the real criminals, the cartels that are so intertwined with many government organizations and officials at all levels did the real damage. Meanwhile, the smaller players, little dealers and your regular Joe are the ones that get busted via the United States postal service for shipping even the smallest quantities of medical cannabis. Do you have a marijuana Identification for this?
**MAILING INTERSTATE - NO NO Our read of the law is that the constitution clearly states that cannabis is the business of the individual states. However, it is also clear that if cannabis related commerce or trade involves more than one state, that is ruled to be inter-state commerce and is under the jurisdiction of the Federal Government, which is policed by the DEA.
**SHIPPING BY MAIL AND COURIER FedEx, UPS, and DHL reserve the right to open and inspect any package at their own discretion. If they find cannabis, and its in going interstate, or is illegal in the said state, quantity is over specified state limits, you're busted. However, according to the United States Postal Service USPS - :its first class letters and parcels are protected against search and seizure under the Fourth Amendment to the Constitution and are not opened without a search warrant. read more