Bill Text: CA AB2650 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 2650	AMENDED
	BILL TEXT

	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, as amended, 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 and 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, as
specified. The bill also would provide that local ordinances 
relating to   that   regulate the location or
establishment of  these medical marijuana establishments  ,
 adopted prior to January 1, 2011, would not be preempted by its
provisions  ; and that nothing in the bill shall prohibit
municipal jurisdictions from adopting ordinances that further
restrict the location or establishment of these medical marijuana
establishments  . 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.
   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 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 municipal jurisdictions
from adopting ordinances or policies that further restrict the
location or establishment of a medical marijuana cooperative,
collective, dispensary, operator, establishment, or provider.

   (f) 
    (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.

   (g) 
    (h)  For the purposes of this section, "school" means
any public or private school providing instruction in kindergarten or
grades 1 to 12, inclusive.
  SEC. 2.  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.