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State legislation

Chaptered legislation

In October 2015, Governor Jerry Brown signed into law the Medical Marijuana Regulatory and Safety Act (MMRSA) of 2015, comprised of a trio of bills aimed at regulating the medical marijuana industry, and providing licensing and operating rules for cultivators.   A key component in the package of the bills that established the MMRSA is the authority granted to local agencies to use existing or future land use regulations and ordinances to set policies addressing the cultivation of Medical Marijuana.  Local permits issued at the city, county or city and county levels are required to apply for a State license. The package of bills comprising the MMRSA include:

AB 266 (Chapter 689, Statutes of 2015)
Established a comprehensive licensing and regulatory framework for the cultivation, manufacture, transportation, storage, distribution and sale of medical marijuana, to be administered by the Department of Consumer Affairs (DCA), Department of Food and Agriculture (CDFA), and Department of Public Health.  AB 266 also authorized a city, county, or city and county to adopt ordinances that establish additional standards for local licenses and permits for commercial cannabis activity.
AB 243 (Chapter 688, Statutes of 2015)
Established a regulatory program, with the California Department of Food and Agriculture as lead agency in regulating the cultivation of medical cannabis, as part of the Medical Marijuana and Safety Act (MMRSA).  It also addressed the environmental impacts to water quality and fish and wildlife associated with marijuana cultivation.  AB 243 also gave cities, counties, or cities and counties through land use regulations and ordinance, to issue or deny permits that allow the cultivation of medical marijuana.
SB 643 (Chapter 719, Statutes of 2015)
SB 643 sought to resolve many of the issues created by the enactment of the Compassionate Use Act of 1996 and subsequent legislation pertaining to use of Medical Marijuana, specifically the oversight of the cultivation, processing, manufacturing, transportation, and the prescribing and sale of Medical Marijuana.  Specifically, the bill established a “track and trace” program for reporting the movement of medical marijuana items throughout the distribution chain.

Pending Legislation

 These bills are pending as of April 2017.

Proposed Trailer Bill Language on Cannabis Regulation

The proposed trailer bill addresses the key differences between Medical Cannabis Regulations Safety Act (MCRSA) and Adult Use Marijuana Act (AUMA) and the Administration's proposed solutions to merge the two in an effort to streamline the State licensing process.

 AB 6 (Lackey) - Driving Under the Influence: Drug Testing

AB 6 directs the California Highway Patrol (CHP) to establish a task force to develop recommendations for best practices, protocols, proposed legislation and other policies that will address the issue of driving under the influence of drugs..  

AB 64 (Bonta) - Cannabis:  Medical and Non-Medical: Regulation and Advertising

The Medical Cannabis Regulation and Safety Act (MCRSA), authorizes a person who obtains both a state license under the MCRSA and the relevant local license to engage in commercial medical cannabis activity pursuant to those licenses.  AB 64 would specify that licenses under the MCRSA may operate for profit or  not-for-profit.

AB 171 (Lackey) - Medical Cannabis Regulation and Safety Act: Licensure: Reporting

The Medical Cannabis Regulation and Safety Act requires each licensing authority to prepare and submit to the Legislature an annual report on the authority's activities, including among others, the number of state licenses issued, and to the post the report on the authority's Internet Website.  AB 171 would also require a licensing authority to include in its annual report the number of conditional licenses issued.

AB 175 (Chau) - Adult-use Marijuana: Marketing: Packaging and Labeling

AB 175 would require a manufacturer, prior to introducing an edible marijuana product into commerce in California, to submit the packaging and labeling to the Bureau of Marijuana Control for approval and require the bureau to determine whether the packaging and labeling are in compliance with the requirements off prescribed provisions of AUMA, including the requirements that the packaging be child resistant and no attractive to children.  

AB 238 (Steinorth) - Medical Cannabis: Distributors: Employment

AB 238 would prohibit a distributor Type II licensee from denying employment to any individual on the basis that he or she is not party to a collective bargaining agreement.  This bill would also prohibit an applicant for a distributor Type II license from being denied a license on the basis that the applicant employs individuals who are or not party to a collective bargaining agreement.  

AB 350 (Salas) - Marijuana Edibles:  Appealing to Children

AB 350 would specify that a marijuana product is deemed to be appealing to children or easily confused with commercially sold candy if it is in the shape of a person, animal, insect, fruit, or in another shape normally associated with candy, but would not prohibit a licensee from making an edible marijuana product in the shape of the licensee's logo. 

AB 389 (Salas) - Consumer Guide

AB 389 would require the Bureau of Marijuana , by July 1, 2018, to establish on its Internet Website a consumer guide to educate the public on the regulation of medical and non-medical marijuana.

AB 420 (Wood) - Medical Cannabis:  Advertisements: License Number Disclosure

Current law, the Medical Cannabis Regulation and Safety Act (MCRSA), authorizes a person who obtains both a state license under MCRSA and the applicable local license to engage in commercial medical cannabis activity pursuant to those licenses.  AB 420 would require an advertisement for the sale of medical cannabis or medical cannabis products to identify the MCRSA licensee reponsible for its content by including, at a minimum, the license number of the MCRSA licensee.

AB 715 (Gray) - Non-medical Marijuana: Licensee Regulation

AB 729 would require a licensing authority to suspend a license for a third or subsequent violation of the prohibition on engaging in non-medical marijuana commercial activities with a person under 21 years of age of the violation occurs within 36 months of the initial violation.

AB 845 (Wood) - Cannabidiol

AB 845 would authorize, if federal law authorizes the prescription of a controlled substance contaning cannabidiol, a physician to prescribe that substance in accordance with federal law.  The bill would also provide that upon the endactment of federal law authorizing the prescription or the funishing, transferring, possession, or use of a prescription for a controlled substance containing cannabidiol, notwithstanding any other state law, the prescription, furnishing, transferring, possession, or use of that controlled substance in accordance with federal law is for a legitimate medical purpose and is authorized pursuant to state law.

AB 963 (Gipson) - Taxation: Marijuana

The Control, Regulate and Tax Adult Use of Marijuana Act imposes an excise tax on the purchase of marijuana and marijuana products and a separate tax on the cultivation of marijuana that enters the commercial market, and requires revenues from these taxes to be deposited into the California Marijuana Tax Fund.  AUMA provides for the administration of both taxes by the State Board of Equalization and requires persons required to be licensed involved in the cultivation and retail sale of marijuana or marijuana products to obtain a separate permit from the board.  AB 963 would provide for the suspension or revocation of those permits, would authorize the board to deny an application for a permit if the applicant had previously been issued a permit that was suspended or revoked, among other reason, and would set forth the process for appealing permit suspensions, revocations, and application denials.

AB 1007 (Ting) - Personal Income Tax: Definitions

The Personal Income Tax Law imposes a tax on the entire taxable income of a resident taxpayer, provides for a specified treatment of the income of the non-residents, and provides, among other things, that specified definitions govern the construction of that law.  AB 1007 would make a non-substantive change to those provisions.

AB 1135 (Wood) - California Marijuana Tax Fund

AB 1135 would require the State Department of Public Health and the State Department of Education to establish an inclusive public stakeholder process to seek input from the stakeholders to determine a disbursements forumla for the funds provided to the State Department of Health Services from the California Marijuana Tax Fund and would require the findings of the stakeholder meetings to be given to the State Department of Health Care Services and considered by that department when determining funding priorities for those moneys.

AB 1410 (Wood) - Taxation: Marijuna Cultivation Tax

Would, at the time of completion of all quality assurance, inspection, and testing or when that quality assurance, inspection, and testing should have been completed, instead require a person to be licensed as a distributor under the act and the Medical Cannabis Regulation and Safety Act to collect the cultivation tax from the taxpayer and give to the taxpayer a receipt in the manner and form prescribed by the board.  By expanding the application of the Fee Collection Procedures law, which imposes criminal penalties for various acts, this bill would impose a state-mandated local program.  AB 1410 would provide that the tax required to be collected by the person required to be licensed as a distributor, and any amount unreturned to the taxpayer, which is not a tax but was collected from the taxpayer under the representation by the person required to be licensed as a distributor that it was a tax, constitute debts owed to the state by the person required to be licensed as a distributor. 

AB 1527 (Cooley) - State and Local Marijuana Regulatory Agencies: Employees

AB 1527 would prohibit a former employee of the bureau, a licensing authority, the panel, or a local jurisidction who had specified regulatory or licensing responsibilities from being employed by a person or entity licensed under AUMA or MCRSA for a period of one year from the last date of employment by the bureau, licensing authrority, panel or local jurisdiction. 

AB 1578 (Jones-Sawyer) - Marijuana and Cannabis Programs:  Cooperation with Federal Authorities

AB 1578 would prohibit a state agency from taking certain actions without a court order signed by a judge, including using agency money, facilities, property, equipment, or personnel to assist a federal agency to investigate, detain, detect, report, or arrest a person for commercial or non-commercial marijuana or medical activity that is authorized by law in the State of California and transferring an individual to federal law enforcement authorities for purposed of marijuana enforcement.

AB 1627 (Cooley) - Adult Marijuana Act: Testing Laboratories

AB 1627 would transfer the regulation of testing laboratories under AUMA from the State Department of Public Health to the bureau.  

SB 65 (Hill) - Smoking/Ingesting Marijuana While Operating a Vehicle

SB 65 would make driving or operating a vehicle, boat, vessel or aircraft while smoking or ingesting marijuana products an offense punishable as an infraction or a misdemeanor.  The bill would also authorize a court to order a defendant to attend drug or alcohol education and counseling classes in addition to penalties.

SB 148 (McGuire) -State Board of Equalization:  Collection of Cash Payments for Cannabis-Related Businesses

SB 148 would enact the Cannabis State Payment Collection Law and would authorize the State Board of Equalization or a county to collect cash payments from cannabis-related businesses for a state agency that administer any fee, fine, penalty, or other charge payable for a cannabis-related business, if that state agency has entered into an agreement withi the board or county.

SB 311 (Pan) - Medical Cannabis and Non-medical Marijuana:  Testing by a Licensee

SB 311 would authorize a licensee to perform testing on the licensee's premises of cannabis or cannabis products obtained from another licensee for the purpose of quality assurance.  This bill would specify that onsite testing does not except the licensee from the existing requirements of quality assurance testing by a distributor and testing laboratory.

SB 663 (Nielsen) - Packages and Labels of Marijuana or Marijuana Products

SB 663 would specify that a package or label of marijuana or marijuana products is deemed to be attractive to children if the package or label has specific characteristics.  AUMA authorizes the Legislature to amend, by a majority vote, certain provisions of the act to implement specified substantive provisions, provided that the amendments are consistent with an further the purposes of the act.

SB 698 (Hill) - Driving Under the Influence: Alcohol and Marijuana

SB 698 would make it a crime for a person who has between 0.04% and 0.07% by weight of alcohol in his or her blood and whose blood contains any controlled substance of 5 mg/ml or more delta-9-tetrahydrocannabinol to drive a vehicle.  This bill would make a first violation punishable as an infraction and would require the court to order the person to participate in and successfully complete a 3-month driving-under-the-influence program, as specified and to install an Ignition Interlock Device (IID) for 6 months, except as provided.

SJR 5 (Stone) - Federal Rescheduling of Marijuana from a Schedule 1 Drug

SJR 5 would request that the Congress of the United States pass a law to reschedule marijuana or cannabis and its derivatives from a Schedule 1 drug to an alternative schedule and that the President of the United States sign such legislation.