Cannabis in California — a Crash Course by Ross Taylor1, Issue Editor
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Legalizing Marijuana and Abating Environmental Harm: an Overblown Promise?
Legalizing Marijuana and Abating Environmental Harm: An Overblown Promise? Michael Vitiello* Written in advance of the passage of Proposition 64 (legalizing recreational use of marijuana in California), this article explores why legalization of marijuana is now quite likely. It also identifies arguments made by proponents in support of legalization, including the need to abate environmental harm caused by illegal production of marijuana in pristine areas and elsewhere where marijuana has become a major cash crop. Specifically, the article examines the report produced by The Blue Ribbon Commission organized by Lieutenant Governor Gavin Newsom and Proposition 64’s provisions addressing environmental concerns. It questions whether Proposition can deliver on the promise to abate the environmental harm caused by marijuana production. In closing, the article focuses on one source for optimism, an increasing number of young marijuana producers interested in cooperation with state actors to comply with the law, especially with environmental regulations. TABLE OF CONTENTS INTRODUCTION ................................................................................... 775 I. THE STEADY MARCH TOWARDS LEGALIZATION ......................... 777 II. THE ENVIRONMENTAL COST ..................................................... 791 III. PROMISING A POT OF GOLD? .................................................... 796 A. Reducing the Illegal Trade ................................................. 803 * Copyright © 2016 Michael Vitiello. Distinguished Professor of Law, the University of the Pacific McGeorge School of Law; University of Pennsylvania, J.D., 1974; Swarthmore College, B.A., 1969. I want to extend special thanks to Rosemary Deck for her capable research assistance. I also want to thank my several colleagues who gave me extensive feedback on an earlier draft of the article, including Associate Dean for Scholarship Raquel Aldana and Professors Karrigan Börk, Frank Gevurtz, Jennifer Harder, John Kirlin, Leslie Jacobs, Brian Landsberg, Emily Parento, and John Sprankling. -
Update on Legal Status of Products Containing Cannabidiol in Light Of
XAVIER BECERRA State of California Attorney General DEPARTMENT OF JUSTICE 455 GOLDEN GATE AVENUE, SUITE 11000 SAN FRANCISCO, CA 94102-7004 January 24, 2019 Anne Sodergren Interim Executive Officer California State Board of Pharmacy 1625 North Market Blvd., Suite N-219 Sacramento, CA 95834 Re: Update on Legal Status of Products Containing Cannabidiol (CBD), In Light of Federal 2014 and 2018 Farm Bills Dear Ms. Sodergren: At the request of the President of the Board of Pharmacy, and your request, I write in further follow-up to my letter-opinions dated August 29, 2018 and October 12, 2018 (both enclosed), which pertained to the status, under federal and California law, of products containing cannabidiol (CBD), a cannabinoid derived from and/or a component of the cannabis sativa/marijuana plant. I was asked to address public comments made at the October 23-24, 2018 Board meeting regarding the impact of the 2014 federal Farm Bill on the legality of industrial hemp products, and by extension on products containing CBD, or other components or derivatives collected from industrial hemp, or from cannabis/marijuana. In the interim, on December 20, 2018, the U.S. President signed into law the Agriculture Improvement Act of 2018 (hereinafter “2018 Farm Bill”), which expands the legal status for domestic production of industrial hemp products. So this letter will also address that change.1 My prior letter-opinions concluded that three things combined to make lawful, under both federal and California law, prescribing and dispensing of Epidiolex (or other subsequently approved equivalents): (1) the June 25, 2018 federal Food and Drug Administration (FDA) approval of Epidiolex, a CBD oral solution, for the treatment of seizures associated with two rare and severe forms of epilepsy, Lennox-Gastaut syndrome, and Dravet syndrome, in patients two years of age and older; (2) the passage of AB 710 (Wood), an urgency statute which added section 11150.2 to the California Health and Safety Code; and (3) the DEA’s September 28, 2018 addition of new subdivision (f) to 21 C.F.R. -
Review of California Municipal Marijuana Business Taxation
Marijuana Business Taxation Adoption In California Review of California Municipal Marijuana Business Taxation: Background, Case Studies, and Strategies for Adoption Jordan Harrison Kevin Miller Adam Patterson Evan Xu San Francisco State University Master in Public Administration PA715 Spring 2017 Dr. Sheldon Gen May 23, 2017 1 Marijuana Business Taxation Adoption In California ABSTRACT Proposition 64 – the Control, Tax and Regulate Adult Use of Marijuana Act (AUMA) – took effect on November 9, 2016. The Act included the following main elements: ● Decriminalized recreational (non-medical) use for persons over 21 ● Decriminalized personal cultivation of up to six plants ● Reduced state penalties for marijuana-related crimes ● Established state system for licensing and taxation of marijuana businesses ● Allowed local regulation, prohibition, and taxation of marijuana businesses The Medical Cannabis Safety and Regulation Act (MCSRA) established the Bureau of Medical Cannabis Regulation to license and regulate marijuana businesses under the MCSRA. With Proposition 64, this new bureau was renamed the Bureau of Marijuana Control (Bureau) and will license both medical and recreational marijuana businesses starting January 1, 2018 (Bureau of Marijuana Control [BOMC], 2017b). Both acts defer land use authority to local agencies regarding if and where to allow marijuana businesses. In addition to setting state excises tax rates, the AUMA grants cities the ability to establish local excise taxes on marijuana businesses and exempts medical marijuana from the state and local general sales tax that applies to most goods and services. This paper will provide a brief summary of the regulation of recreational marijuana under the AUMA, medical marijuana under MCSRA, and an explanation of the new state excise taxes on both medical and recreational marijuana created with Proposition 64. -
Gangs Beyond Borders
Gangs Beyond Borders California and the Fight Against Transnational Organized Crime March 2014 Kamala D. Harris California Attorney General Gangs Beyond Borders California and the Fight Against Transnational Organized Crime March 2014 Kamala D. Harris California Attorney General Message from the Attorney General California is a leader for international commerce. In close proximity to Latin America and Canada, we are a state laced with large ports and a vast interstate system. California is also leading the way in economic development and job creation. And the Golden State is home to the digital and innovation economies reshaping how the world does business. But these same features that benefit California also make the state a coveted place of operation for transnational criminal organizations. As an international hub, more narcotics, weapons and humans are trafficked in and out of California than any other state. The size and strength of California’s economy make our businesses, financial institutions and communities lucrative targets for transnational criminal activity. Finally, transnational criminal organizations are relying increasingly on cybercrime as a source of funds – which means they are frequently targeting, and illicitly using, the digital tools and content developed in our state. The term “transnational organized crime” refers to a range of criminal activity perpetrated by groups whose origins often lie outside of the United States but whose operations cross international borders. Whether it is a drug cartel originating from Mexico or a cybercrime group out of Eastern Europe, the operations of transnational criminal organizations threaten the safety, health and economic wellbeing of all Americans, and particularly Californians. -
Cannabis Equity Report
Cannabis Equity Report City and County of San Francisco This report analyzes data related to disparities in the cannabis industry and provides recommendations regarding policy options that could foster equitable access to industry participation. November 1, 2017 Office of Cannabis Human Rights Commission Controller’s Office CITY HALL • 1 DR. CARLTON B. GOODLETT PLACE • SAN FRANCISCO, CA 94102-4694 To the Mayor and Board of Supervisors: On behalf of the Office of Cannabis, the Human Rights Commission, and the Controller’s Office we proudly present the enclosed “Cannabis Equity Report” the Mayor and Board of Supervisors. Our legislative mandate: produce a report analyzing available data related to disparities in the cannabis industry, and provide recommendations regarding policy options that could (A) foster equitable access to participation in the industry, including promotion of ownership and stable employment opportunities in the industry, (B) invest City tax revenues in economic infrastructure for communities that have historically been disenfranchised, (C) mitigate the adverse effects of drug enforcement policies that have disproportionately impacted those communities, and (D) prioritize individuals who have been previously arrested or convicted for marijuana-related offenses. We find that the War on Drugs had disastrous impacts on San Francisco. But with this sad history comes an opportunity to do something important and positive. As the City considers our regulatory structure for this emerging industry, we can do so thoughtfully and intentionally, by enacting policies that undo the racist practices of our past. This report includes a number of findings and recommendations to that end. A successful program will ensure a more inclusive and diverse industry through ownership and workforce, an expansion of educational opportunities, an end to policies that burden communities that have been disproportionately impacted by the War on Drugs, and investment in communities that are disenfranchised because of the consequences of past drug policies. -
Addressing the Legal Cannabis Industry's Carbon Footprint
San Jose State University SJSU ScholarWorks Master's Projects Master's Theses and Graduate Research Spring 5-2020 Sustainable Cannabis Policy in California: Addressing the Legal Cannabis Industry’s Carbon Footprint Genevieve Yip San Jose State University Follow this and additional works at: https://scholarworks.sjsu.edu/etd_projects Part of the Energy Policy Commons, Environmental Policy Commons, Policy Design, Analysis, and Evaluation Commons, and the Public Administration Commons Recommended Citation Yip, Genevieve, "Sustainable Cannabis Policy in California: Addressing the Legal Cannabis Industry’s Carbon Footprint" (2020). Master's Projects. 946. DOI: https://doi.org/10.31979/etd.eagx-enx5 https://scholarworks.sjsu.edu/etd_projects/946 This Master's Project is brought to you for free and open access by the Master's Theses and Graduate Research at SJSU ScholarWorks. It has been accepted for inclusion in Master's Projects by an authorized administrator of SJSU ScholarWorks. For more information, please contact [email protected]. Sustainable Cannabis Policy in California: Addressing the Legal Cannabis Industry’s Carbon Footprint by Genevieve Yip A Thesis Quality Research Project Submitted in Partial Fulfillment of the Requirements for the Masters Degree in PUBLIC ADMINISTRATION Professor Frances L. Edwards, Ph.D. Advisor The Graduate School San Jose State University May 2020 1 TABLE OF CONTENTS TABLE OF CONTENTS ................................................................................................................ 1 LIST -
Redondo CBD Report Fuller
CBD Recommended Local Public Health And Safety Regulations Prepared by Jonatan Cvetko Co-Founder Angeles Emeralds 1/21/2020 Table of Contents Introduction 3 CBD: Hemp vs Cannabis 4 Recommendation #1: Ban all Non-Cannabis Sourced CBD 5 1. Public Health Threat 5 News Reports of CBD Dangers 6 2. Prohibited by Federal Food and Drug Administration (FDA) 8 3. Prohibited by California Department of Public Health 8 4. Prohibited by Los Angeles County Department of Public Health 8 5. Coalition of Cities Successfully Opposed AB 228 9 6. Unregulated and Unsafe CBD is infiltrating Cities 10 7. No minimum Age Restrictions 13 8. Limit Liability 13 9. Reduces City Tax Revenues 13 10. CBD shops can be fronts of Illegal Cannabis Activities 14 Recommendation #2: Maintain Ban on Outside Cannabis Delivery Services and BAN POS/Kiosk transactions 16 Outside Delivery Uses CBD Shops as a loophole 16 POS/Kiosks provide loopholes for transactions 18 Examples of other jurisdictions regulations 20 Thousand Oaks 20 Moorpark 20 Hanford 20 Farmersville 20 Lynwood 20 Humboldt 20 Fortuna 21 Blue Lake 21 Summary 21 Page 2 of 21 INTRODUCTION Angeles Emeralds is an association of patients, advocates, business owners and other thoughtful stakeholders advocating for responsible cannabis policy with a particular focus on: 1) Protecting our children 2) Developing a pathway to licensure for existing responsible operators 3) Environmentally responsible sun grown cultivation 4) Social and Health equity Jonatan Cvetko is the Co-Founder of Angeles Emeralds is a member of the LA County Office of Cannabis Management Cannabis Advisory Working Group and serves in other advisory roles with other jurisdictions. -
Economic and Revenue Impact of Marijuana Legalization in NYS a Fresh Look by James A
Economic and Revenue Impact of Marijuana Legalization in NYS A Fresh Look By James A. Parrott and Michele Mattingly February 2021 About the Authors James A. Parrott is Director of Economic and Fiscal Policies at the Center for New York City Affairs at The New School. Michele Mattingly is a consultant in labor market economics. Copyright © 2021 James A. Parrott and Michele Mattingly 1 Table of Contents Preface .......................................................................................................................................................... 2 Executive Summary ...................................................................................................................................... 2 1. Introduction ...................................................................................................................................... 5 2. Policy choices New York faces in regulating and structuring the legal marijuana market ............ 9 3. New York market demand ............................................................................................................. 13 4. Economic impact of a legal cannabis supply chain ....................................................................... 19 5. New York tax revenue impact from recreational-use marijuana sales ........................................ 24 6. State and local tax impact of the economic activity generated in the cannabis supply chain .... 28 7. Economic and tax effects of market structure and other policy choices .................................... -
Economic Impact of Cannabis in San Diego County
Economic Impact of Cannabis in San Diego County 2021 California State University San Marcos Cannabis Points of Contact: (CSUSM) Virginia Casey, Blue Water Government Office of Business Research and Analysis Affairs, Communications Director (OBRA) Dallin Young, Blue Water Government Affairs, 333 S. Twin Oaks Valley Road President San Marcos, CA 92096 www.csusm.edu/coba Research Team Leads: Johnny Martinez Cannabis Organization: Sofia Rodriguez Dallin Young President Research Team Members: Blue Water Government Affairs Amanda Boudreault Samantha Hoover Publishers: Riley McLaughlin Miguel de Jesus, CSUSM Liz Yocom Roger Herzler, CSUSM Judith Opdahl, CSUSM Layout: Amanda Boudreault Administrative Support Sofia Rodriguez Giselle Bazan For questions about this report, contact: Miguel de Jesus [email protected] (760) 750 - 4266 Executive Summary The cannabis industry has gone through many series of events that has brought it to the billion dollar industry it is today. Since its move from the illicit market, to the legalization of medicinal cannabis in 1996, and continued positive shifts of perceptions of cannabis, there has been exponential growth in the industry. The Office of Business Research and Analysis (OBRA) has analyzed the general impact of the cannabis industry in San Diego County. Throughout this research, OBRA sought to find how adult-use and medicinal cannabis sales increases in revenue and influences the community regarding finances, police enforcement, cannabis license types, public health, and social equity. The cannabis industry yields a considerable amount of revenue to municipalities from cannabis city taxes. Data from public records requests from the cities of San Diego, La Mesa, and Vista illustrate the amount of money by quarter that each city has brought in since their legalization of medicinal cannabis and or adult-use cannabis. -
Planner Planner
CANNABIS LAND USE ISSUE Vol 18 | Issue 04 American Planning Association California Chapter APA CALIFORNIA NEWS Making Great Communities Happen From the APA California President P 3 Behind the Dais P 7 Legislative Update P 8 New California AICP Members P 10 New Conference Videos Released P 10 Election Results P 10 Awards of Excellence P 11 Planning Services Directory P 19 APA California Leadership P 20 2019 Conference Save the Date P 21 NEXT ISSUE PLANNER Disaster Response Submissions due January 14, see P3 for details IPlFanniOng NeRws &N UpdaIteAs from APA California Cannabis Growing in Lake County MARC YEBER | VP-Public Information CFEATUREA | Niall H. HuffmL an, Los Angeles Department of City Planning Planning for Weed It has been 22 years since the first cannabis LA Adopts Comprehensive Commercial voter initiative was introduced and passed in California. Though efforts to legalize marijuana in some fashion were successful on the local level, Cannabis Regs with Social Equity Ethics such as San Francisco's Prop. P and the subsequent SF Cannabis Buyers Club, attempts to legalize in In December 2017, the City of Los Angeles adopted a comprehensive regulatory the state legislature were ultimately met with framework for commercial cannabis activity, including a program designed to vetoes. In 1996, California voters passed promote social equity by extending opportunities to historically marginalized Proposition 215, the Compassionate Use Act . This communities. would be the first of many steps that would usher Over the course of more than nine economic benefits to people and communities in the legal use, possession and cultivation of months of hearings, workshops and City affected by past law enforcement and medical, recreational and industrial production for Council meetings, multiple City agencies incarceration for cannabis-related offenses. -
Model Healthy Beverage Vending Agreement
Butte County Public Health Department Note Because of limited data available on the safety of high potency Cannabis Products, the Butte County Public Health Department recommends that retailers not be allowed to carry Cannabis Products with THC content in excess of 20%. This is the one recommendation that is different from the original ordinance created by Public Health Institute. Authors Support - Lynn Silver, MD, MPH, Public Health Institute - Alisa Padon, PhD, Public Health Institute Contributors - Ted Mermin, JD - Leslie Zellers, JD - Immigrant Legal Resources Center - James Mosher, JD Getting it Right from the Start A project of the Public Health Institute 555 12th Street, Oakland, CA 94607 www.gettingitrightfromthestart.org Telephone: 510.285.5648 Fax: 510.285.5501 Email: [email protected] Acknowledgement This Model Ordinance was adapted in part from ChangeLab Solutions and the California Department of Public Health’s Model Tobacco Retail License Ordinance and “plug-ins,” which have been adopted by cities and counties across the State of California. We acknowledge and appreciate their important contributions, although they are not responsible for the content. We also thank the many individuals who contributed interview time and comments during the development process. Note The legal information provided in this model ordinance does not constitute legal advice or legal representation. For legal advice, readers should consult an attorney in their state. Table of Contents Introduction ...................................................................................................................... -
Water Availability for Cannabis in Northern California: Intersections of Climate, Policy, and Public Discourse
water Article Water Availability for Cannabis in Northern California: Intersections of Climate, Policy, and Public Discourse Betsy Morgan 1,2,* , Kaitlyn Spangler 2,3 , Jacob Stuivenvolt Allen 2,4 , Christina N. Morrisett 2,5 , Mark W. Brunson 2,3,6 , Shih-Yu Simon Wang 2,4 and Nancy Huntly 2,6,7 1 Department of Civil and Environmental Engineering, Utah State University, Logan, UT 84322, USA 2 Climate Adaptation Science Program, Utah State University, Logan, UT 84322, USA; [email protected] (K.S.); [email protected] (J.S.A.); [email protected] (C.N.M.); [email protected] (M.W.B.); [email protected] (S.-Y.S.W.); [email protected] (N.H.) 3 Department of Environment and Society, Utah State University, Logan, UT 84322, USA 4 Department of Plant, Soils, and Climate, Utah State University, Logan, UT 84322, USA 5 Department of Watershed Sciences, Utah State University, Logan, UT 84322, USA 6 Ecology Center, Utah State University, Logan, UT 84322, USA 7 Department of Biology, Utah State University, Logan, UT 84322, USA * Correspondence: [email protected] Abstract: Availability of water for irrigated crops is driven by climate and policy, as moderated by public priorities and opinions. We explore how climate and water policy interact to influence water availability for cannabis (Cannabis sativa), a newly regulated crop in California, as well as how public discourse frames these interactions. Grower access to surface water covaries with pre- cipitation frequency and oscillates consistently in an energetic 11–17 year wet-dry cycle.