Bill Text: CA AB2650 | 2009-2010 | Regular Session | Chaptered
Bill Title: Medical marijuana.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2010-09-30 - Chaptered by Secretary of State - Chapter 603, Statutes of 2010. [AB2650 Detail]
Download: California-2009-AB2650-Chaptered.html
BILL NUMBER: AB 2650 CHAPTERED
BILL TEXT
CHAPTER 603
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2010
APPROVED BY GOVERNOR SEPTEMBER 30, 2010
PASSED THE SENATE AUGUST 11, 2010
PASSED THE ASSEMBLY AUGUST 16, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN SENATE JUNE 10, 2010
AMENDED IN ASSEMBLY MAY 28, 2010
AMENDED IN ASSEMBLY APRIL 15, 2010
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Buchanan
(Coauthors: Assembly Members Carter, Portantino, Torres, and
Torrico)
FEBRUARY 19, 2010
An act to add Section 11362.768 to the Health and Safety Code,
relating to medical marijuana.
LEGISLATIVE COUNSEL'S DIGEST
AB 2650, Buchanan. Medical marijuana.
Existing law added by initiative, the Compassionate Use Act of
1996, prohibits any physician from being punished, or denied any
right or privilege, for having recommended marijuana to a patient for
medical purposes. The act prohibits the provisions of law making
unlawful the possession or cultivation of marijuana from applying to
a qualified patient, the qualified patient's primary caregiver, or an
individual who provides assistance to the qualified patient or the
qualified patient's primary caregiver, who possesses, cultivates, or
distributes marijuana for the personal medical purposes of the
qualified patient upon the written or oral recommendation or approval
of a physician. Existing statutory law requires the State Department
of Public Health to establish and maintain a voluntary program for
the issuance of identification cards to qualified patients and
establishes procedures under which a qualified patient with an
identification card may use marijuana for medical purposes. Existing
law regulates qualified patients, a qualified patient's primary
caregiver, and individuals who provide assistance to the qualified
patient or the qualified patient's primary caregiver, as specified. A
violation of these provisions is generally a misdemeanor.
This bill would provide that no medical marijuana cooperative,
collective, dispensary, operator, establishment, or provider
authorized by law to possess, cultivate, or distribute medical
marijuana that has a storefront or mobile retail outlet which
ordinarily requires a local business license shall be located within
a 600-foot radius of any public or private school providing
instruction in kindergarten or grades 1 to 12, inclusive, except as
specified. The bill also would provide that local ordinances, adopted
prior to January 1, 2011, that regulate the location or
establishment of these medical marijuana establishments would not be
preempted by its provisions; and that nothing in the bill shall
prohibit a city, county, or city and county from adopting ordinances
that further restrict the location or establishment of these medical
marijuana establishments. The bill would express a legislative
finding and declaration that establishing a uniform standard
regulating the proximity of these medical marijuana establishments to
schools is a matter of statewide concern and not a municipal affair
and that, therefore, all cities and counties, including charter
cities and charter counties, shall be subject to the provisions of
the bill. By creating a new crime, this bill would impose a
state-mandated local program.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11362.768 is added to the Health and Safety
Code, 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 600-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, 2011, 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. 2. The Legislature finds and declares that establishing a
uniform standard regulating the proximity of medical marijuana
cooperatives, collectives, dispensaries, operators, establishments,
or providers to schools is a matter of statewide concern and not a
municipal affair, as that term is used in Section 5 of Article XI of
the California Constitution. Therefore, this act shall apply to all
cities and counties, including charter cities and charter counties.
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.
