Like every other “legal marijuana” state, California never actually descheduled Cannabis in the state:
In California Code, Health and Safety Code – HSC § 11054 is:
“(a) The controlled substances listed in this section are included in Schedule I.
(d)(13): Cannabis [includes Hemp]
(d)(20) Tetrahydrocannabinols. Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers.
Because nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.”
In California Code, Health and Safety Code – HSC § 11470 is:
“The following are subject to forfeiture:
(e) The interest of any registered owner of a boat, airplane, or any vehicle other than an implement of husbandry, as defined in Section 36000 of the Vehicle Code, which has been used as an instrument to facilitate the manufacture of, or possession for sale or sale of […] 28.5 grams or more of Schedule I controlled substances except cannabis, peyote, or psilocybin; 10 pounds dry weight or more of cannabis […]
In California Code, Health and Safety Code – HSC § 11362.85 is:
“Upon a determination by the California Attorney General that the federal schedule of controlled substances has been amended to reclassify or declassify cannabis, the Legislature may amend or repeal the provisions of this code, as necessary, to conform state law to such changes in federal law.”
Enforcement of Schedule 1 is totally disproportionate to the plant’s harms. As a Schedule 1 controlled substance, everyone involved from the Governor on down to the budtender is exposed to RICO and CCE felony enhancements, plus asset forfeiture and civil RICO suits. That applies to all marijuana operations, regulated and licensed or not.
That’s just federal law, in the state of Oregon it is 10 years and $100,000 fine simply for possession. If you have a prior felony or drug charge, are within 1,000 feet of a school, have more than 60 grams, have guns or scales, or if you modified the structure in any way you get hit with enhanced penalties including loss of driver’s license. Plus state Commercial Drug Offense charges. All just because it is still Schedule 1 in the state, never mind federally. (Viva the Tenth Amendment, the only reason there are marijuana states like Oregon.
Schedule 1 means our best and brightest can’t work for Wall St firms, because Schedule 1 is an automatic SEC moral turpitude trigger. Banking and insurance are very difficult and expensive. Bank accounts, vehicles, house and property can be forfeited to the government à la Miami Vice.
It subjects the family to arrest and loss of children to foster homes and or the threat thereof as bargaining leverage.
Just like we see with marijuana enforcement, the Supreme Court will never review a case to decide the legality. That’s because the standard procedure now is for the prosecutor to threaten to over-charge the crimes and seize assets, in order to force a plea deal or pressure to not sue to regain the assets stolen by the police.
The overwhelming power of the state will be used to keep SCOTUS from ever seeing a case. Even in a “legal” marijuana state like Denver, Colorado, a constitutionally-protected patient growing just one plant outdoors in a fenced and locked greenhouse could see asset forfeiture of their house.
The Social Equity discussion is difficult as long as it remains Schedule 1 in the state, fully decriminalized, records are expunged, and people are released from prison for these drug crimes. Otherwise you’re just trading yesterday’s pot grower convict for today’s.
Congressional intent for Schedule 1 for Cannabis was for it to be temporary, everyone already knew it had medical value. Congress was waiting for the recommendations from the Shafer Commission, prohibitionists hand-picked by Nixon to return a damning file.
Instead, after reviewing the evidence it recommended federal decriminalization. Nixon, who wanted to use Schedule 1 against the drugs of choice of political opponents (war protesters) and Blacks (he was racist), buried the report and 50 years later it remains Schedule 1 with “no medical value” despite 35,535 studies going back to 1840.
And today with 47 states having found medical value, Schedule 1 for marijuana is unconstitutional 47 times over.
Did you know there’s even an association of state controlled substance authorities? They got their own club, funded by your tax dollars!
California still arrests ~6,000 per year, mostly possession:
Colorado still arrests ~5,000 per year (5 times more than California, per-capita), mostly for possession and disproportionately people of color:
I can show you language in the 2018 Farm Bill explicitly protecting interstate transportation of hemp, yet it’s still not enough, many states still seize. I can show you explicitly language from FDA that CBD in foods is legal, but that’s still not enough in some states. If even explict language protecting us is insufficient, how will legal Rube Goldberg concotions do so? Laws have to be written so obvious and plain that even a police officer can understand them.