Anyone in California that has donated auction items to charities and or organizations? Id like to hear how that was done, assuming the attendees didn’t have medical rec’s. Would love to chat!
Look forward to hearing from you guys!
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Are you talking about donating cannabis products?
Hi Nicholas,
Yes it would be cannabis product(s) probably in the form of a gift basket.
If we’re not able to do this, is there a way around it in terms of how/ what is auctioned off? I.e… a Cannabis experience with The OD - or something in that arena
I appreciate you reaching out!! Thanks for all your help!
Michael Jessee
The OD
IG: theod_anbrhdjoint
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Prop 64 seems to suggest that giving cannabis up to one ounce is now ok:
http://www.canorml.org/faq.html
Not sure what the inclusion of an auction does to that though, since technically the winner is still paying to purchase the auction item, even if the money is going to charity. Do any of the legal folks in here have an opinion on the matter?
As CalNORML’s FAQ points out, it is now legal to give away up to an ounce. But more information is necessary to assess this particular situation.
Are minors able to purchase tickets and win the cannabis basket? That would be in violation of CA State law. Where will this auction take place? Are there local regulations that apply to transfers of cannabis in the chosen location? In addition to CA State law, local regulations must also be considered.
As far as whether the purchase of an auction ticket may be considered an illegal cannabis purchase, it is probably an unresolved question. Many times law enforcement depends on whether there is a friendly or hostile relationship. If there is strong community opposition/hostility to a cannabis auction, arrests could be made and the legal issues sorted out in court. It may be best to obtain full permission and written consent from local authorities prior to the event.
Will the cannabis auction event be in full compliance with all event regulations? By that I mean is a public event permit required and/or a site inspection of the venue? Will the event be on public or private property? Violation of any regulations may bring closer scrutiny to the event and unwanted consequences.
I’m just pointing out issues that need to be investigated. By providing this information, I am not creating an attorney/client relationship nor giving legal advice for this situation. I hope this is helpful for a safe and successful cannabis event.
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