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Like the rest of the USA, California’s cannabis market suffered after the ‘reefer madness’ campaign, which turned public opinion heavily against the drug. In 1907, the state passed the Poison and Pharmacy Act, which banned the sale of many substances; six years after, cannabis was added to the list. In fact, California was actually one of the first states to ban cannabis use.
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Also, CBD is not permitted to be used in products that make medical claims either, apart from the FDA-approved Epidiolex. As the Supervising Deputy Attorney General notes: “This does not seem to leave much opportunity for general retail sales of CBD-containing products.”
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The US is governed by federal and state laws. This article covers the cannabis laws in the state of California. For US federal laws, please visit our other article.
In 1996, California became the first US state to legalise medicinal cannabis. Now, it’s also legal to use the drug recreationally, though the law only permits up to one ounce of cannabis, or six plants. Unsurprisingly, numbers of users are increasing, and attitudes towards the plant are shifting – though cannabis use is still illegal under federal law.
The Act lists specific conditions that would benefit from medicinal cannabis treatment, including: AIDS, cancer, anorexia, chronic pain, glaucoma, arthritis, migraine and spasticity. It also specifically states that cannabis can be used for “any other illness for which [it] provides relief.”
Cities and county governments have the right to restrict cultivation for personal use. However, they aren’t permitted to completely ban cannabis cultivation inside a private house, nor can they ban it in a building that’s “fully enclosed and secure”.
The California Cannabis Control Board in accordance with Prop. 64 caps the maximum number of cannabis plants that can be grown by an individual at any given time at six. That assumes you’re over 21 and aren’t doing so in a community that has a local ordinance banning or further restricting such cultivation.
However, other countries are much more strict about what can be imported and for what purpose. Los Angeles cannabis lawyers strongly advise anyone conducting international sales of any cannabis product to consult with an attorney. Failure to do so could affect your pocketbook (if customs in another country refuses to allow your shipment to reach its final destination). However, it can also draw the attention of U.S. law enforcement agents, with the possibility of criminal charges.
Many marijuana growers pride themselves on their extensive knowledge of marijuana growth, which obviously begins with the seed. The three basic types of cannabis seeds are regular, autoflowering and female, with each containing broad subtypes, often referred to as “strains.” Many cannabis cultivators pride themselves on various elements of the strains they grow, as the effects can vary widely depending on seed properties. Certain strains are better for those seeking medicinal relief, while others are better for creating various degrees of intoxication and still others for a distinct taste. Growers are increasingly asserting intellectual property rights, something all cultivators should discuss with their cannabis business attorney.
Cannabis Seed Sales and California Law
Last month marked the start of the typical marijuana grow season, which runs March through November, which meant individuals and large cannabis firms in California were on the hunt for high-quality seeds for purchase on the legal market. Cannabis seeds are at the core of the California marijuana industry, and the internet can connect farmers from San Diego to San Francisco and beyond to the growing demand.
But are sales of cannabis seeds legal? Some growers serve both the grey and legal market marijuana seeds.
Generally speaking, cannabis seeds can be lawfully purchased by adults states with legal adult recreational use (like California) either at a dispensary or online intrastate (meaning not purchased from another state – even one that has also legalized the drug). The reason for this restriction is that interstate sales fall under the purview of federal law, which still considers marijuana a dangerous narcotic.
Los Angeles marijuana lawyers recognize there is great diversity in seed genetics, and advise companies to seek counsel before arranging any kind of retail sale or transport.