BILL NUMBER: AB 1588 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY FEBRUARY 14, 2014
INTRODUCED BY Assembly Member Conway
( Coauthors: Assembly Members
Bonilla and Patterson )
FEBRUARY 3, 2014
An act to amend Sections 11358 and 11362.768 of the Health and
Safety Code, relating to marijuana.
LEGISLATIVE COUNSEL'S DIGEST
AB 1588, as amended, Conway. Marijuana.
Proposition 215, the Compassionate Use Act of 1996, an initiative
measure enacted by the voters at the November 6, 1996, statewide
general election, authorizes the use of marijuana for medical
purposes. Existing law enacted by the Legislature requires the
establishment of a program for the issuance of identification cards
to qualified patients so that they may lawfully use marijuana for
medical purposes, and requires the establishment of guidelines for
the lawful cultivation of marijuana grown for medical use. Existing
law prohibits a medical marijuana dispensary or provider that has a
storefront or mobile retail outlet that ordinarily requires a local
business license from being located within a 600-foot radius of a
school. A violation of these provisions is a misdemeanor.
This bill would increase that radius to 1,000 feet. By expanding
the scope of a crime, this bill would impose a state-mandated local
program.
Existing law also provides that every person who plants,
cultivates, harvests, dries, or processes any marijuana or any part
thereof, except as otherwise provided by law, is guilty of a felony
punishable by imprisonment in a county jail for 16 months, or 2 or 3
years.
This bill would impose the additional punishment of a
$500 fine of not less than $500 and not more than
$10,000 on every person who violates that provision within a
1,000-foot radius of a school, as defined.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11358 of the Health and Safety Code is amended
to read:
11358. (a) Every person who plants, cultivates, harvests, dries,
or processes any marijuana or any part thereof, except as otherwise
provided by law, shall be punished by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code.
(b) In addition to the punishment described in subdivision (a),
every person who violates subdivision (a) within a 1,000-foot radius
of a school shall also be punished by a fine of not less than
five hundred dollars ($500) and not more than ten thousand
dollars ($10,000) . For the purposes of this section, "school"
means any public or private school providing instruction in
kindergarten or grades 1 to 12, inclusive, but does not include any
private school in which education is primarily conducted in private
homes.
SEC. 2. Section 11362.768 of the Health and Safety Code is amended
to read:
11362.768. (a) This section shall apply to individuals specified
in subdivision (b) of Section 11362.765.
(b) No medical marijuana cooperative, collective, dispensary,
operator, establishment, or provider who possesses, cultivates, or
distributes medical marijuana pursuant to this article shall be
located within a 1,000-foot radius of a school.
(c) The distance specified in this section shall be the horizontal
distance measured in a straight line from the property line of the
school to the closest property line of the lot on which the medical
marijuana cooperative, collective, dispensary, operator,
establishment, or provider is to be located without regard to
intervening structures.
(d) This section shall not apply to a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider that is also a licensed residential medical or elder care
facility.
(e) This section shall apply only to a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider that is authorized by law to possess, cultivate, or
distribute medical marijuana and that has a storefront or mobile
retail outlet which ordinarily requires a local business license.
(f) Nothing in this section shall prohibit a city, county, or city
and county from adopting ordinances or policies that further
restrict the location or establishment of a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider.
(g) Nothing in this section shall preempt local ordinances,
adopted prior to January 1, 2015, that regulate the location or
establishment of a medical marijuana cooperative, collective,
dispensary, operator, establishment, or provider.
(h) For the purposes of this section, "school" means any public or
private school providing instruction in kindergarten or grades 1 to
12, inclusive, but does not include any private school in which
education is primarily conducted in private homes.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.