Community Insider Summer 2018 - Page 32

THE CANNA-BIZ By Laurie S. Poole, Esq., CCAL I t’s been almost a year since California’s new law allowing adult recreational use of marijuana became effective. What do you need to know about the law and how it can affect your community association? Under Federal law, marijuana is considered a “Schedule 1 Controlled Substance,” so it is still a Federal crime to possess cannabis (along with other drugs such as LSD and heroin). Opioids are classified as a Schedule II controlled substance, so they are legal to possess with a medical prescription. In January, the Medical and Adult Use Cannabis and Regulation Safety Act (MAUCRSA) became effective, creating the general framework for regulation of commercial medicinal and adult use cannabis in California. The act allows for: • Possession and use of marijuana by persons 21 years of age or older on private property. • Planting, cultivating, harvesting, drying or processing up to 6 plants per residence for personal use. • Transporting (within California) purchasing, obtaining or giving away up to one ounce (28.5 grams) of cannabis and up to 8 grams of concentrated cannabis. • Issuance of commercial licenses to sell recreational marijuana. • Local governments (cities) to prohibit or regulate and license commercial recreational marijuana. MAUCRSA also created the California Bureau of Cannabis Control, a state regulatory entity (www.bcc.ca.gov). How does this affect community associations? An obvious answer is the potential for increased nuisance complaints about smoking as some people who don’t smoke tobacco may be subjected to the smoke from those indulging in cannabis. In the past, associations have treated smoking complaints as a “neighbor-to-neighbor” issue and left it to the owners to resolve. However, recent cases suggest that associations 32 | SAN DIEGO COMMUNITY INSIDER SUMMER 2018