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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 July 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. The trailer bill was passed by the Legislature on June 15, 2017 and is now awaiting the Governor's signature.

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

AB 64 amends and adds provisions to the Medical Cannabis Regulation and Safety Act (MCRSA) and the Adult Use Marijuana Act (AUMA).

AB 76 (Chau) Adult Use Marijuana: Marketing

AB 76 bans the marketing of marijuana products or business to minors via the internet; prohibits website operators from knowingly collecting, using, or selling data from minors for the purpose of marketing or advertising marijuana projects or businesses; and prohibits advertising marijuana products, paraphernalia, or businesses on website or mobile applications directed at minors.

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

AB 175 requires manufacturers of edible cannabis products to submit packaging for each product intended for sale in California to the Bureau of Medical Cannabis Regulation for review and evaluation.

AB 238 (Steinorth) -Non-medical Marijuana Manufacturing: Volatile Solvents in Residential Structures

AB 238 prohibits a manufacturing Level 2 licensee from manufacturing non-medical marijuana products using volatile solvents on property zoned for residential or mixed use.

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

AB 350 prohibits non-medical marijuana products from being made in the shape of a person, animal, insect, or fruit.

AB 389 (Salas) - Consumer Guide

AB 389 requires the Bureau of Marijuana Control to establish a consumer guide to educate the public on the regulation of medical and non-medical marijuana and make it available on the Bureau's website by July 1, 2018.

AB 420 (Wood) - Medical Cannabis: Personal Income Tax: Deduction: Cannabis Activity

AB 420 would allow tax deductions for commercial cannabis or commercial cannabis activity under the Personal Income Tax Law.

AB 823 (Chau) - Edible Marijuana Products: Labeling

AB 823 requires each single serving of non-medical edible marijuana products to be stamped, marked, or otherwise imprinted directly on the product with a universal symbol designed by the Department of Public Health.

AB 844 (Burke) - California Marijuana Tax Fund

AB 844 requires applicants for grants to support navigation system services to meet specific criteria.

AB 948 (Bonta) -Marijuana Taxation: Electronic Fund Transfer

AB 948 allows the BOE to allow a person engaged in commercial marijuana activity to remit tax liability due in a method other than an EFT if the BOE deems it necessary to facilitate the collection of the amounts due.

AB 1002 (Cooley) - Center for Cannabis Research

AB 1002 changes the name of the California Marijuana Research Program to the Center for Cannabis Research, expands its research and reporting mandates, and authorizes the Center to cultivate cannabis to be used exclusively for research purposes and contract with a private entity to provide expertise in cultivating medical cannabis.

AB 1254 (Wood) - Production or cultivation of a controlled substance: civil and criminal penalties

AB 1254 establishes penalties related to the theft of water for marijuana cultivation.

AB 1410 (Wood) - Taxation: Marijuna Cultivation Tax

AB 1410 authorizes the marijuana cultivation tax to be collected by a distributor instead of the cultivator upon whom the cultivation tax is imposed.

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

AB 1527 places a one-year prohibition on a state agency or local government employee from being hired y a cannabis business after leaving public employment.

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

AB 1578 prohibits a state or local agency from using agency resources to assist a federal agency to investigate, detain, detect, report, or arrest a person for marijuana activity that is authorized by law in the State of California and transferring an individual to federal law enforcement authorities for purposes of marijuana enforcement, unless directed to do so by a court order.

AB 1606 (Cooper) - Edible Marijuana Products

AB 1606 requires testing on marijuana food products.

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

AB 1627 transfers the regulation of testing laboratories under AUMA from State Department of Public Health to the Bureau of Marijuana Control.

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

SB 65 prohibits the smoking or ingestion marijuana products while driving or while riding as a passenger in a motor vehicle, making violations punishable as an infraction.

SB 175 (McGuire) - Marijuana: County of Origin: Marketing and Advertising

SB 175 expands marijuana appellation of origin projects to advertising and prohibits the use of names that sound similar to a California county in advertising, labeling, marketing, or packaging of marijuana products if its likely to mislead consumers to the product's appellation of origin.

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

SB 311 explicitly allows a licensee to test another licensee's cannabis and cannabis products for quality assurance purposes.

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

SB 663 establishes criteria for packaging that shall be considered "attractive to children."

SB 794 (Stern) - Edible Marijuana Products: Labeling and Packaging

SB 794 requires recreational marijuana products to be stamped with a universal symbol and sold in packaging that is tamperproof, and if the product contains more than one serving, resealable.