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Ely
Ely, Counselor at Law
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Is it legal to smoke marijuana on camera? Can a marijuana dispensary

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Is it legal to smoke marijuana on camera? Can a marijuana dispensary be mobile like a food truck? What marijuana related or THC included projects and be sold and purchased online (ex: cookies, lollypops, etc)? Does delivery of medical marijuana comply with existing laws in California? Is it legal to pre-verify a medical marijuana client electronically?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

There is no law that states whether or not one can smoke Marijuana on camera, ergo, it is legal to do so. Of course, if one does not have the necessary medical permit to smoke marijuana which is approved by the California Department of Public Health’s Medical Marijuana Program, then one can get into criminal trouble for smoking and the footage can be used by the prosecution.

Ergo, it is best to ensure that whoever is smoking marijuana on camera at least has the California Department of Public Health’s Medical Marijuana Program permit to do.

Also note that marijuana is illegal under federal law, still. While the federal government has not for the most part applied its laws in CA, that may always change, so discretion is recommended nonetheless. At the moment, the federal government and the state of CA are at a "stand off" about marijuana and the future is unpredictable.

Can a marijuana dispensary be mobile like a food truck?

This depends on your COUNTY. If you tell me what county this is in, I can tell you if a marijuana dispensary may be mobile or not.

What marijuana related or THC included projects and be sold and purchased online (ex: cookies, lollypops, etc)?

The same laws apply to online sales as they do to ground sales in CA. However, if sending a package, it is recommended that:

1) a private shipper is used (FedEx, UPS, etc), as opposed to United States Postal Service, because USPS follows federal law, and may confiscate the package; and
2) Not to send the product outside of CA because it may cross states where marijuana is still illegal and then, it may be confiscated by the authorities.

Does delivery of medical marijuana comply with existing laws in California?

Yes, it is not unusual to have postal shipments of marijuana in CA and many dispensaries do it, although they follow the two rules above.

Is it legal to pre-verify a medical marijuana client electronically?

This depends on what you mean by "electronically." The onus is on the dispensary to ENSURE that the person has a card. How you do this is up to you.

I hope this helps and clarifies. Best of luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.
This depends on your COUNTY.

-Country is USA.
Expert:  Ely replied 1 year ago.
Francis,

I asked for County, not Country.

County, as in "Alameda County...?"
Customer: replied 1 year ago.
Oops. Los Angeles county
Expert:  Ely replied 1 year ago.
Francis,

Hehe, do not worry, many people make this mistake!

Thank you. At this time, LA County does not seem to have a law allowing or disallowing mobile dispensaries. The CA Supreme Court is also silent on the matter.

Federal prosecutors in California have moved to close dozens of pot shops, but appear unwilling to launch a full-scale crackdown. Due to this, it would be wise NOT to pursue this venture until the mobile question is clarified by law.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87219
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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