Senate Bill 643, Assembly Bill 266 and Assembly Bill 243 might be unconstitution

al
Pasadena, CA
A medical marijuana collective operator says that the Medical Marij
uana Regulation and Safety Act, signed into law in California last month violate
s the state's constitution. The collective operator is bringing this claim in a
California court.
The law was signed on October 9, 2015 by Governor Jerry Brown and serves as a fr
amework for cannabis production, transportation, and sale of the substance in Ca
lifornia. Brown believes the law as a comprehensive plan will successfully regul
ate the industry.
Lawmakers who are responsible for drafting the act say that it will provide a wo
rker and safety standards, protect patient access, establish security, and provi
de a licensing structure for the industry. The bipartisan group believes that th
e act will infuse the industry with necessary local and state control.
David Armstrong, the collective operator, claims that the act violates the const
itution because it contradicts a voter initiative from 1996. The initiative, ca
lled the Compassionate Use Act, legalized physician-recommended medical marijuan
a without voter approval.
Armstrong's complaint argues that federal law preempts the act in prohibiting po
ssession of marijuana for any purpose. Armstrong made that claim, seemingly at o
dds with his job, to prevent federal complications should the state law stand, h
is attorney said.
Armstrong also has a number of other objections to the act and its restrictions
on the industry. He disagrees with the restrictions the act places on the amount
s of medical marijuana a patient's primary caregiver can grow for medicinal use,
limits on the number of patients to whom a doctor can recommend cannabis to, an
d many more.
Armstrong says, "The law essentially changes everything operators do. It's going
to require the state government's OK to participate in this activity at all, an
d it's going to be up to the state's discretion to determine who's allowed to di
stribute."
Armstrong hired attorney Nicholas Emanuel to represent him; Emanuel said of his
client, "He is not anti-regulation, in fact, he favors it. He believes the act i
s 'not the most effective way to do things since it is completely illegal under
federal law.
In an industry where a professional can run into legal complications without eve
n knowing it is essential to be aware of every law that could affect ones busine
ss and follow them to the letter. George Boyadjian, CEO of 420 College commented
, "We had a good, workable system in place with the Attorney General Guidelines.
The trouble was that hardly any industry professionals followed them with the n
ecessary diligence. We've been educating people in the cannabis industry about t
he ever-changing guidelines for some time. We've had some people question the va
lue of our seminars because they thought that simply having access to the inform
ation would translate to an understanding of it. We're finding that this is far
from the truth."
Armstrong added, "To develop a coherent and realistic policy we need to have all
levels of government working together, rather than this sort of patchwork regul
ation that we have now."
420 College, one of the industry leaders since 2009, have been providing seminar

s and workshops focused on best business practices, client services, cultivation

, and the latest developments in cannabis laws, will be hosting a seminar in San
Diego November 7 & 8 to go over the Attorney General Guidelines, Senate Bill 64
3, Assembly Bill 266 and Assembly Bill 243with attorney William McPike and other
industry professionals.
Media contact:
Name: George Boyadjian
Company: 420 College
Website: http://420college.org
Email: staff@420college.org
Phone: (855) 420-8255
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