LICENSING

State licensing for commercial-sized medical marijuana farms is allowable under the new law, provided locals approve. Existing entities can operate with local approval until January 1, 2018.

GRANDFATHERING

Facilities already operating in compliance with local ordinances and other laws on or before Jan 1, 2018 may continue to operate until such time as their license is approved or denied. (AB 266, 19321(c)). Facilities in operation before Jan 1, 2016 shall receive priority. Los Angeles may in any case continue to prosecute violations of Measure D.

PATIENT EXEMPTION

Qualified patients are exempt from the state permit program if cultivating less than 100 square feet for personal medical use. Primary caregivers with five or fewer patients are allowed up to 500 square feet (AB 243, 11362.777(g) and SB 643, 19319). Exemption under this section does not prevent a local government from further restricting or banning the cultivation, provision, etc. of medical cannabis by individual patients or caregivers in its jurisdiction (AB 243).

Definition of 'Approved'

Includes the permissible use of medical marijuana for either personal, cultivation, manufacturing or retail activity, pursuant to the local regulations and ordinances in the particular county or municipality.

Definition of 'Banned'

No medical marijuana is permitted within this county or municipality as defined by the local regulations or ordinances; or no regulations are in place pertaining to the specified category of medical marijuana activity defined as commercial, manufacturing or retail.

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California Cannabis Laws by County