Since Proposition 64 passed last November, there has beena spike in reports of California dispensaries advertising their willingness to sell recreational cannabis to anyone 21 years and older with only a valid ID (i.e. physicians recommendation not required). However, Prop 64 requires dispensaries apply for and obtain a state retailer license to sell recreational cannabis or face criminal and civil penalties for each day of illegal operations. Since the State of California has yet to issue such a license, anydispensary currently selling recreational cannabis in California is doing so illegally.
For marijuana consumers, your options are simple: (1) obtain a valid physicians recommendation and purchase medical marijuana from a dispensary; (2) grow your own recreational marijuana at home by followinglocal regulations; or (3) get home grown marijuana from other adults in California through a free, sharing economy.
For dispensaries, your options are even simpler: (1) sell medical marijuana legally by following local laws and securing any necessary permits or licenses; or (2) operate illegally and face severe penalties, raids, and criminal prosecution.
Dispensaries in California have been making illegal sales long before Prop 64 passed. But local law enforcementbelievedispensaries have become more emboldened now that recreational cannabis is legal in the state. Some dispensaries might wrongly believe that any and all sales are allowed under a Prop 64 regime, but others clearly choose to operate outside of the law. This angers legal dispensary owners who pay the high costs of operating a legal business (including taxes, licensing fees, and security costs) while also waiting to profit on recreational sales after state licenses are issued.
Though Prop 64 makes clear that anyone making retail sales or deliveries of recreational cannabis must have a California state license, the challenge faced by local (and soon state) prosecutors is how to go about shutting down illegal businesses. Often when a city or county attempts to shut down an illegal dispensary, the dispensary owner just relocates the business and changes the name, resulting in anendless game of whack-a-mole for local authorities. But now that cannabis businesses are beginning to set their sights on state licenses, is it more important than ever to play nice with your local city and county officials as local authorization is a requirement for state licensing. Businesses caught operating illegally can be disqualified from receiving a local permit, and even if state and local authorities cannot prohibit these business from applying for a California cannabis license, past troubles with following the law will likely be a negative mark on your ...
