Marijuana/Cannabis Law

Proposition 64 Changes Marijuana Law In California

The passage of Proposition 64 in November 2016 has completely changed the landscape of marijuana laws in California. Not only has Proposition 64 legalized the possession of up to 28.5 grams of marijuana (Health and Safety Code §11362.1), but it has created an elaborate and complicated set of laws that regulate the growth, sale and distribution of marijuana for recreational purposes. (See Health and Safety Code §26000(a).)

Proposition 64 creates at least 19 different licensing categories that cover the cultivation, sale and distribution of marijuana. (See Health and Safety Code §26050(a).) Licensing authorities are supposed to begin issuing licenses by January 1, 2018. (See Health and Safety Code §26012(c).) Be ready! The law is quite complicated. This is all new territory. The Law Office of Mark Cohen, P.C., offers decades of experience in administrative and corporate law, and I, attorney Mark Cohen, am ready to advise the marijuana entrepreneur in navigating this new and exciting field of marijuana law in California.

But remember: The use, sale and cultivation of marijuana, even for medical purposes, remains illegal under federal law. And in some cases, possession of marijuana can still constitute a criminal offense in California.

Help For Doctors Before The Medical Board

Under Health and Safety Code §11362.5(c), “…no physician in this state [California] shall be punished, denied any right or privilege for having recommended marijuana to a patient for medical purposes.” If you are a physician and being criminally prosecuted, or the medical board is taking action against you for recommending marijuana, I can help. As part of my administrative law practice, I have represented nurses and doctors before the medical board in criminal court.

You can schedule a consultation by contacting my Fremont law firm online or calling 510-371-0975.