Bill Text: CA AB2672 | 2015-2016 | Regular Session | Amended
Bill Title: Medical cannabis.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB2672 Detail]
Download: California-2015-AB2672-Amended.html
BILL NUMBER: AB 2672 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2016
INTRODUCED BY Assembly Member Bonilla
FEBRUARY 19, 2016
An act to amend Section 8001 of the Health and Safety
Code, relating to public health. An act to amend
Sections 27, 101, 144, 205.1, 19300, 19300.5, 19302, 19302.1, 19306,
19332.5, 19335, 19350, 19351, and 19352 of, to amend the
heading of Article 5 (commencing with Section 19326) of Chapter 3.5
of Division 8 of, and to amend the heading of Chapter 3.5 (commencing
with Section 19300) of Division 8 of, the Business and Professions
Code, to amend Section 12029 of the Fish and Game Code, to amend
Section 9147.7 of the Government Code, to amend Sections 11362.769,
11362.775, and 11362.777 of the Health and Safety Code, to amend
Section 31020 of the Revenue and Taxation Code, and to
amend Section 13276 of the Water Code, relating to medical cannabis.
LEGISLATIVE COUNSEL'S DIGEST
AB 2672, as amended, Bonilla. Human remains: disinterment
and removal. Medical cannabis.
Existing law, the Medical Marijuana Regulation and Safety Act,
establishes the licensure of persons engaged in specified activities
relating to medical cannabis and other regulatory provisions. That
act establishes within the Department of Consumer Affairs the Bureau
of Medical Marijuana Regulation. That act also requires a licensing
authority to deposit all licensing fees to be deposited into accounts
established in the Medical Marijuana Regulation and Safety Act Fund,
a fund established in the State Treasury. Existing law imposes
certain fines and civil penalties for specified violations of the act
and requires moneys collected as a result of these fines and civil
penalties to be deposited into the Medical Marijuana Fines and
Penalties Account, established within that fund.
This bill would rename, on January 1, 2017, the act as the Medical
Cannabis Regulation and Safety Act and the bureau as the Bureau of
Medical Cannabis Regulation. This bill would rename, on January 1,
2017, the fund as the Medical Cannabis Regulation and Safety Act Fund
and the account as the Medical Cannabis Fines and Penalties Account.
The bill would make conforming changes to the act and would replace,
where appropriate, the term "marijuana" with the term "cannabis."
This bill would also make other conforming and similar changes to
other related areas of law.
Existing law authorizes the remains of a deceased person to be
removed from a cemetery upon written order of the health department
having jurisdiction or the superior court of the county in which the
cemetery is situated. Existing law authorizes the remains of a
deceased person to be removed from a plot in a cemetery with the
consent of the cemetery authority and the written consent of a
surviving family member, as specified. Under specified circumstances,
existing law also authorizes the board of supervisors of a county
that owns a cemetery authority to order the disinterment and removal
of all human remains interred in the cemetery, subject to specified
procedures. Existing law requires the publication of the notice of
declaration of intended abandonment and removal by the county at
least 60 days prior to removal of human remains.
This bill would instead require that publication of notice to
occur at least 70 days prior to removal of human remains.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 27 of the Business
and Professions Code is amended to read:
27. (a) Each entity specified in subdivisions (c), (d), and (e)
shall provide on the Internet information regarding the status of
every license issued by that entity in accordance with the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code) and the Information
Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of
Title 1.8 of Part 4 of Division 3 of the Civil Code). The public
information to be provided on the Internet shall include information
on suspensions and revocations of licenses issued by the entity and
other related enforcement action, including accusations filed
pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code) taken by the entity relative to persons, businesses,
or facilities subject to licensure or regulation by the entity. The
information may not include personal information, including home
telephone number, date of birth, or social security number. Each
entity shall disclose a licensee's address of record. However, each
entity shall allow a licensee to provide a post office box number or
other alternate address, instead of his or her home address, as the
address of record. This section shall not preclude an entity from
also requiring a licensee, who has provided a post office box number
or other alternative mailing address as his or her address of record,
to provide a physical business address or residence address only for
the entity's internal administrative use and not for disclosure as
the licensee's address of record or disclosure on the Internet.
(b) In providing information on the Internet, each entity
specified in subdivisions (c) and (d) shall comply with the
Department of Consumer Affairs' guidelines for access to public
records.
(c) Each of the following entities within the Department of
Consumer Affairs shall comply with the requirements of this section:
(1) The Board for Professional Engineers, Land Surveyors, and
Geologists shall disclose information on its registrants and
licensees.
(2) The Bureau of Automotive Repair shall disclose information on
its licensees, including auto repair dealers, smog stations, lamp and
brake stations, smog check technicians, and smog inspection
certification stations.
(3) The Bureau of Electronic and Appliance Repair, Home
Furnishings, and Thermal Insulation shall disclose information on its
licensees and registrants, including major appliance repair dealers,
combination dealers (electronic and appliance), electronic repair
dealers, service contract sellers, and service contract
administrators.
(4) The Cemetery and Funeral Bureau shall disclose information on
its licensees, including cemetery brokers, cemetery salespersons,
cemetery managers, crematory managers, cemetery authorities,
crematories, cremated remains disposers, embalmers, funeral
establishments, and funeral directors.
(5) The Professional Fiduciaries Bureau shall disclose information
on its licensees.
(6) The Contractors' State License Board shall disclose
information on its licensees and registrants in accordance with
Chapter 9 (commencing with Section 7000) of Division 3. In addition
to information related to licenses as specified in subdivision (a),
the board shall also disclose information provided to the board by
the Labor Commissioner pursuant to Section 98.9 of the Labor Code.
(7) The Bureau for Private Postsecondary Education shall disclose
information on private postsecondary institutions under its
jurisdiction, including disclosure of notices to comply issued
pursuant to Section 94935 of the Education Code.
(8) The California Board of Accountancy shall disclose information
on its licensees and registrants.
(9) The California Architects Board shall disclose information on
its licensees, including architects and landscape architects.
(10) The State Athletic Commission shall disclose information on
its licensees and registrants.
(11) The State Board of Barbering and Cosmetology shall disclose
information on its licensees.
(12) The State Board of Guide Dogs for the Blind shall disclose
information on its licensees and registrants.
(13) The Acupuncture Board shall disclose information on its
licensees.
(14) The Board of Behavioral Sciences shall disclose information
on its licensees, including licensed marriage and family therapists,
licensed clinical social workers, licensed educational psychologists,
and licensed professional clinical counselors.
(15) The Dental Board of California shall disclose information on
its licensees.
(16) The State Board of Optometry shall disclose information
regarding certificates of registration to practice optometry,
statements of licensure, optometric corporation registrations, branch
office licenses, and fictitious name permits of its licensees.
(17) The Board of Psychology shall disclose information on its
licensees, including psychologists, psychological assistants, and
registered psychologists.
(d) The State Board of Chiropractic Examiners shall disclose
information on its licensees.
(e) The Structural Pest Control Board shall disclose information
on its licensees, including applicators, field representatives, and
operators in the areas of fumigation, general pest and wood
destroying pests and organisms, and wood roof cleaning and treatment.
(f) The Bureau of Medical Marijuana
Cannabis Regulation shall disclose information on its
licensees.
(g) "Internet" for the purposes of this section has the meaning
set forth in paragraph (6) of subdivision (f) of Section 17538.
SEC. 2. Section 101 of the Business and
Professions Code is amended to read:
101. The department is comprised of the following:
(a) The Dental Board of California.
(b) The Medical Board of California.
(c) The State Board of Optometry.
(d) The California State Board of Pharmacy.
(e) The Veterinary Medical Board.
(f) The California Board of Accountancy.
(g) The California Architects Board.
(h) The Bureau of Barbering and Cosmetology.
(i) The Board for Professional Engineers and Land Surveyors.
(j) The Contractors' State License Board.
(k) The Bureau for Private Postsecondary Education.
(l) The Bureau of Electronic and Appliance Repair, Home
Furnishings, and Thermal Insulation.
(m) The Board of Registered Nursing.
(n) The Board of Behavioral Sciences.
(o) The State Athletic Commission.
(p) The Cemetery and Funeral Bureau.
(q) The State Board of Guide Dogs for the Blind.
(r) The Bureau of Security and Investigative Services.
(s) The Court Reporters Board of California.
(t) The Board of Vocational Nursing and Psychiatric Technicians.
(u) The Landscape Architects Technical Committee.
(v) The Division of Investigation.
(w) The Bureau of Automotive Repair.
(x) The Respiratory Care Board of California.
(y) The Acupuncture Board.
(z) The Board of Psychology.
(aa) The California Board of Podiatric Medicine.
(ab) The Physical Therapy Board of California.
(ac) The Arbitration Review Program.
(ad) The Physician Assistant Committee.
(ae) The Speech-Language Pathology and Audiology Board.
(af) The California Board of Occupational Therapy.
(ag) The Osteopathic Medical Board of California.
(ah) The Naturopathic Medicine Committee.
(ai) The Dental Hygiene Committee of California.
(aj) The Professional Fiduciaries Bureau.
(ak) The State Board of Chiropractic Examiners.
(a l ) The Bureau of Real Estate.
(am) The Bureau of Real Estate Appraisers.
(an) The Structural Pest Control Board.
(ao) The Bureau of Medical Marijuana
Cannabis Regulation.
(ap) Any other boards, offices, or officers subject to its
jurisdiction by law.
SEC. 3. Section 144 of the Business and
Professions Code is amended to read:
144. (a) Notwithstanding any other provision of law, an agency
designated in subdivision (b) shall require an applicant to furnish
to the agency a full set of fingerprints for purposes of conducting
criminal history record checks. Any agency designated in subdivision
(b) may obtain and receive, at its discretion, criminal history
information from the Department of Justice and the United States
Federal Bureau of Investigation.
(b) Subdivision (a) applies to the following:
(1) California Board of Accountancy.
(2) State Athletic Commission.
(3) Board of Behavioral Sciences.
(4) Court Reporters Board of California.
(5) State Board of Guide Dogs for the Blind.
(6) California State Board of Pharmacy.
(7) Board of Registered Nursing.
(8) Veterinary Medical Board.
(9) Board of Vocational Nursing and Psychiatric Technicians.
(10) Respiratory Care Board of California.
(11) Physical Therapy Board of California.
(12) Physician Assistant Committee of the Medical Board of
California.
(13) Speech-Language Pathology and Audiology and Hearing Aid
Dispenser Board.
(14) Medical Board of California.
(15) State Board of Optometry.
(16) Acupuncture Board.
(17) Cemetery and Funeral Bureau.
(18) Bureau of Security and Investigative Services.
(19) Division of Investigation.
(20) Board of Psychology.
(21) California Board of Occupational Therapy.
(22) Structural Pest Control Board.
(23) Contractors' State License Board.
(24) Naturopathic Medicine Committee.
(25) Professional Fiduciaries Bureau.
(26) Board for Professional Engineers, Land Surveyors, and
Geologists.
(27) Bureau of Medical Marijuana Cannabis
Regulation.
(c) For purposes of paragraph (26) of subdivision (b), the term
"applicant" shall be limited to an initial applicant who has never
been registered or licensed by the board or to an applicant for a new
licensure or registration category.
SEC. 4. Section 205.1 of the Business
and Professions Code is amended to read:
205.1. Notwithstanding subdivision (a) of Section 205, the
Medical Marijuana Cannabis Regulation
and Safety Act Fund is a special fund within the Professions and
Vocations Fund, and is subject to subdivision (b) of Section 205.
SEC. 5. The heading of Chapter 3.5 (commencing
with Section 19300) of Division 8 of the Business and
Professions Code is amended to read:
CHAPTER 3.5. MEDICAL MARIJUANA
CANNABIS REGULATION AND SAFETY ACT ACT
SEC. 6. Section 19300 of the Business
and Professions Code is amended to read:
19300. This act shall be known and may be cited as the Medical
Marijuana Regulation and Safety Act. Commencing January 1, 2017,
this act is hereby renamed, and shall thereafter be known as the
Medical Cannabis Regulation and Safety Act. On and after that date,
any references in law to the Medical Marijuana Regulation and Safety
Act shall instead be deemed to refer to the Medical Cannabis
Regulation and Safety Act .
SEC. 7. Section 19300.5 of the Business
and Professions Code is amended to read:
19300.5. For purposes of this chapter, the following definitions
shall apply:
(a) "Accrediting body" means a nonprofit organization that
requires conformance to ISO/IEC 17025 requirements and is a signatory
to the International Laboratory Accreditation Cooperation Mutual
Recognition Arrangement for Testing.
(b) "Applicant," for purposes of Article 4 (commencing with
Section 19319), means the following:
(1) Owner or owners of a proposed facility, including all persons
or entities having ownership interest other than a security interest,
lien, or encumbrance on property that will be used by the facility.
(2) If the owner is an entity, "owner" includes within the entity
each person participating in the direction, control, or management
of, or having a financial interest in, the proposed facility.
(3) If the applicant is a publicly traded company, "owner" means
the chief executive officer or any person or entity with an aggregate
ownership interest of 5 percent or more.
(c) "Batch" means a specific quantity of medical cannabis or
medical cannabis products that is intended to have uniform character
and quality, within specified limits, and is produced according to a
single manufacturing order during the same cycle of manufacture.
(d) "Bureau" means the Bureau of Medical Marijuana
Cannabis Regulation within the Department of
Consumer Affairs.
(e) "Cannabinoid" or "phytocannabinoid" means a chemical compound
that is unique to and derived from cannabis.
(f) "Cannabis" means all parts of the plant Cannabis sativa
Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or
not; the seeds thereof; the resin, whether crude or purified,
extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant,
its seeds, or resin. "Cannabis" also means the separated resin,
whether crude or purified, obtained from marijuana.
cannabis. "Cannabis" also means marijuana as
defined by Section 11018 of the Health and Safety Code as enacted by
Chapter 1407 of the Statutes of 1972. "Cannabis" does not include the
mature stalks of the plant, fiber produced from the stalks, oil or
cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature
stalks (except the resin extracted therefrom), fiber, oil, or cake,
or the sterilized seed of the plant which is incapable of
germination. For the purpose of this chapter, "cannabis" does not
mean "industrial hemp" as defined by Section 81000 of the Food and
Agricultural Code or Section 11018.5 of the Health and Safety Code.
(g) "Cannabis concentrate" means manufactured cannabis that has
undergone a process to concentrate the cannabinoid active ingredient,
thereby increasing the product's potency. An edible medical cannabis
product is not considered food, as defined by Section 109935 of the
Health and Safety Code, or a drug, as defined by Section 109925 of
the Health and Safety Code.
(h) "Caregiver" or "primary caregiver" has the same meaning as
that term is defined in Section 11362.7 of the Health and Safety
Code.
(i) "Certificate of accreditation" means a certificate issued by
an accrediting body to a licensed testing laboratory, entity, or site
to be registered in the state.
(j) "Chief" means Chief of the Bureau of Medical
Marijuana Cannabis Regulation within the
Department of Consumer Affairs.
(k) "Commercial cannabis activity" includes cultivation,
possession, manufacture, processing, storing, laboratory testing,
labeling, transporting, distribution, or sale of medical cannabis or
a medical cannabis product, except as set forth in Section 19319,
related to qualifying patients and primary caregivers.
(l) "Cultivation" means any activity involving the planting,
growing, harvesting, drying, curing, grading, or trimming of
cannabis.
(m) "Delivery" means the commercial transfer of medical cannabis
or medical cannabis products from a dispensary, up to an amount
determined by the bureau to a primary caregiver or qualified patient
as defined in Section 11362.7 of the Health and Safety Code, or a
testing laboratory. "Delivery" also includes the use by a dispensary
of any technology platform owned and controlled by the dispensary, or
independently licensed under this chapter, that enables qualified
patients or primary caregivers to arrange for or facilitate the
commercial transfer by a licensed dispensary of medical cannabis or
medical cannabis products.
(n) "Dispensary" means a facility where medical cannabis, medical
cannabis products, or devices for the use of medical cannabis or
medical cannabis products are offered, either individually or in any
combination, for retail sale, including an establishment that
delivers, pursuant to express authorization by local ordinance,
medical cannabis and medical cannabis products as part of a retail
sale.
(o) "Dispensing" means any activity involving the retail sale of
medical cannabis or medical cannabis products from a dispensary.
(p) "Distribution" means the procurement, sale, and transport of
medical cannabis and medical cannabis products between entities
licensed pursuant to this chapter.
(q) "Distributor" means a person licensed under this chapter to
engage in the business of purchasing medical cannabis from a licensed
cultivator, or medical cannabis products from a licensed
manufacturer, for sale to a licensed dispensary.
(r) "Dried flower" means all dead medical cannabis that has been
harvested, dried, cured, or otherwise processed, excluding leaves and
stems.
(s) "Edible cannabis product" means manufactured cannabis that is
intended to be used, in whole or in part, for human consumption,
including, but not limited to, chewing gum. An edible medical
cannabis product is not considered food as defined by Section 109935
of the Health and Safety Code or a drug as defined by Section 109925
of the Health and Safety Code.
(t) "Fund" means the Medical Marijuana
Cannabis Regulation and Safety Act Fund established pursuant to
Section 19351.
(u) "Identification program" means the universal identification
certificate program for commercial medical cannabis activity
authorized by this chapter.
(v) "Labor peace agreement" means an agreement between a licensee
and a bona fide labor organization that, at a minimum, protects the
state's proprietary interests by prohibiting labor organizations and
members from engaging in picketing, work stoppages, boycotts, and any
other economic interference with the applicant's business. This
agreement means that the applicant has agreed not to disrupt efforts
by the bona fide labor organization to communicate with, and attempt
to organize and represent, the applicant's employees. The agreement
shall provide a bona fide labor organization access at reasonable
times to areas in which the applicant's employees work, for the
purpose of meeting with employees to discuss their right to
representation, employment rights under state law, and terms and
conditions of employment. This type of agreement shall not mandate a
particular method of election or certification of the bona fide labor
organization.
(w) "Licensing authority" means the state agency responsible for
the issuance, renewal, or reinstatement of the license, or the state
agency authorized to take disciplinary action against the license.
(x) "Cultivation site" means a facility where medical cannabis is
planted, grown, harvested, dried, cured, graded, or trimmed, or that
does all or any combination of those activities, that holds a valid
state license pursuant to this chapter, and that holds a valid local
license or permit.
(y) "Manufacturer" means a person that conducts the production,
preparation, propagation, or compounding of manufactured medical
cannabis, as described in subdivision (ae), or medical cannabis
products either directly or indirectly or by extraction methods, or
independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis at a fixed location that packages
or repackages medical cannabis or medical cannabis products or labels
or relabels its container, that holds a valid state license pursuant
to this chapter, and that holds a valid local license or permit.
(z) "Testing laboratory" means a facility, entity, or site in the
state that offers or performs tests of medical cannabis or medical
cannabis products and that is both of the following:
(1) Accredited by an accrediting body that is independent from all
other persons involved in the medical cannabis industry in the
state.
(2) Registered with the State Department of Public Health.
(aa) "Transporter" means a person issued a state license by the
bureau to transport medical cannabis or medical cannabis products in
an amount above a threshold determined by the bureau between
facilities that have been issued a state license pursuant to this
chapter.
(ab) "Licensee" means a person issued a state license under this
chapter to engage in commercial cannabis activity.
(ac) "Live plants" means living medical cannabis flowers and
plants, including seeds, immature plants, and vegetative stage
plants.
(ad) "Lot" means a batch, or a specifically identified portion of
a batch, having uniform character and quality within specified
limits. In the case of medical cannabis or a medical cannabis product
produced by a continuous process, "lot" means a specifically
identified amount produced in a unit of time or a quantity in a
manner that ensures its having uniform character and quality within
specified limits.
(ae) "Manufactured cannabis" means raw cannabis that has undergone
a process whereby the raw agricultural product has been transformed
into a concentrate, an edible product, or a topical product.
(af) "Manufacturing site" means a location that produces,
prepares, propagates, or compounds manufactured medical cannabis or
medical cannabis products, directly or indirectly, by extraction
methods, independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis, and is owned and
operated by a licensee for these activities.
(ag) "Medical cannabis," "medical cannabis product," or "cannabis
product" means a product containing cannabis, including, but not
limited to, concentrates and extractions, intended to be sold for use
by medical cannabis patients in California pursuant to the
Compassionate Use Act of 1996 (Proposition 215), found at Section
11362.5 of the Health and Safety Code. For the purposes of this
chapter, "medical cannabis" does not include "industrial hemp" as
defined by Section 81000 of the Food and Agricultural Code or Section
11018.5 of the Health and Safety Code.
(ah) "Nursery" means a licensee that produces only clones,
immature plants, seeds, and other agricultural products used
specifically for the planting, propagation, and cultivation of
medical cannabis.
(ai) "Permit," "local license," or "local permit" means an
official document granted by a local jurisdiction that specifically
authorizes a person to conduct commercial cannabis activity in the
local jurisdiction.
(aj) "Person" means an individual, firm, partnership, joint
venture, association, corporation, limited liability company, estate,
trust, business trust, receiver, syndicate, or any other group or
combination acting as a unit and includes the plural as well as the
singular number.
(ak) "State license," "license," or "registration" means a state
license issued pursuant to this chapter.
(al) "Topical cannabis" means a product intended for external use.
A topical cannabis product is not considered a drug as defined by
Section 109925 of the Health and Safety Code.
(am) "Transport" means the transfer of medical cannabis or medical
cannabis products from the permitted business location of one
licensee to the permitted business location of another licensee, for
the purposes of conducting commercial cannabis activity authorized
pursuant to this chapter.
SEC. 8. Section 19302 of the Business
and Professions Code is amended to read:
19302. There is in the Department of Consumer Affairs the Bureau
of Medical Marijuana Regulation, under the supervision and control of
the director. The director shall administer and enforce the
provisions of this chapter. Commencing January 1, 2017, the
bureau is hereby renamed and shall thereafter be known as the Bureau
of Medical Cannabis Regulation. On and after that date, any
references in law to the Bureau of Medical Marijuana Regulation shall
instead be deemed to refer to the Bureau of Medical Cannabis
Regulation .
SEC. 9. Section 19302.1 of the Business
and Professions Code is amended to read:
19302.1. (a) The Governor shall appoint a chief of the bureau,
subject to confirmation by the Senate, at a salary to be fixed and
determined by the director with the approval of the Director of
Finance. The chief shall serve under the direction and supervision of
the director and at the pleasure of the Governor.
(b) Every power granted to or duty imposed upon the director under
this chapter may be exercised or performed in the name of the
director by a deputy or assistant director or by the chief, subject
to conditions and limitations that the director may prescribe. In
addition to every power granted or duty imposed with this chapter,
the director shall have all other powers and duties generally
applicable in relation to bureaus that are part of the Department of
Consumer Affairs.
(c) The director may employ and appoint all employees necessary to
properly administer the work of the bureau, in accordance with civil
service laws and regulations.
(d) The Department of Consumer Affairs shall have the sole
authority to create, issue, renew, discipline, suspend, or revoke
licenses for the transportation, storage unrelated to manufacturing
activities, distribution, and sale of medical marijuana
cannabis within the state and to collect fees in
connection with activities the bureau regulates. The bureau may
create licenses in addition to those identified in this chapter that
the bureau deems necessary to effectuate its duties under this
chapter.
(e) The Department of Food and Agriculture shall administer the
provisions of this chapter related to and associated with the
cultivation of medical cannabis. The Department of Food and
Agriculture shall have the authority to create, issue, and suspend or
revoke cultivation licenses for violations of this chapter. The
State Department of Public Health shall administer the provisions of
this chapter related to and associated with the manufacturing and
testing of medical cannabis.
SEC. 10. Section 19306 of t he
Business and Professions Code is amended to read:
19306. (a) The bureau may convene an advisory committee to advise
the bureau and licensing authorities on the development of standards
and regulations pursuant to this chapter, including best practices
and guidelines to ensure qualified patients have adequate access to
medical cannabis and medical cannabis products. The advisory
committee members shall be determined by the chief.
(b) The advisory committee members may include, but not be limited
to, representatives of the medical marijuana
cannabis industry, representatives of medical
marijuana cannabis
cultivators, appropriate local and state agencies, appropriate
local and state law enforcement, physicians, environmental and public
health experts, and medical marijuana
cannabis patient advocates.
SEC. 11. The heading of Article 5 (commencing with
Section 19326) of Chapter 3.5 of Division 8 of the
Business and Professions Code is amended to read:
Article 5. Medical Marijuana Cannabis
Regulation
SEC. 12. Section 19332.5 of the
Business and Professions Code is amended to read:
19332.5. (a) Not later than January 1, 2020, the Department of
Food and Agriculture in conjunction with the bureau, shall make
available a certified organic designation and organic certification
program for medical marijuana, cannabis,
if permitted under federal law and the National Organic Program
(Section 6517 of the federal Organic Foods Production Act of 1990 (7
U.S.C. Sec. 6501 et seq.)), and Article 7 (commencing with Section
110810) of Chapter 5 of Part 5 of Division 104 of the Health and
Safety Code.
(b) The bureau may establish appellations of origin for
marijuana cannabis grown in California.
(c) It is unlawful for medical marijuana
cannabis to be marketed, labeled, or sold as grown in a
California county when the medical marijuana
cannabis was not grown in that county.
(d) It is unlawful to use the name of a California county in the
labeling, marketing, or packaging of medical marijuana
cannabis products unless the product was grown
in that county.
SEC. 13. Section 19335 of the Business
and Professions Code is amended to read:
19335. (a) The Department of Food and Agriculture, in
consultation with the bureau, shall establish a track and trace
program for reporting the movement of medical marijuana
cannabis items throughout the distribution chain
that utilizes a unique identifier pursuant to Section 11362.777 of
the Health and Safety Code and secure packaging and is capable of
providing information that captures, at a minimum, all of the
following:
(1) The licensee receiving the product.
(2) The transaction date.
(3) The cultivator from which the product originates, including
the associated unique identifier, pursuant to Section 11362.777 of
the Health and Safety Code.
(b) (1) The Department of Food and Agriculture shall create an
electronic database containing the electronic shipping manifests
which shall include, but not be limited to, the following
information:
(A) The quantity, or weight, and variety of products shipped.
(B) The estimated times of departure and arrival.
(C) The quantity, or weight, and variety of products received.
(D) The actual time of departure and arrival.
(E) A categorization of the product.
(F) The license number and the unique identifier pursuant to
Section 11362.777 of the Health and Safety Code issued by the
licensing authority for all licensees involved in the shipping
process, including cultivators, transporters, distributors, and
dispensaries.
(2) (A) The database shall be designed to flag irregularities for
all licensing authorities in this chapter to investigate. All
licensing authorities pursuant to this chapter may access the
database and share information related to licensees under this
chapter, including social security and individual taxpayer
identifications notwithstanding Section 30.
(B) The Department of Food and Agriculture shall immediately
inform the bureau upon the finding of an irregularity or suspicious
finding related to a licensee, applicant, or commercial cannabis
activity for investigatory purposes.
(3) Licensing authorities and state and local agencies may, at any
time, inspect shipments and request documentation for current
inventory.
(4) The bureau shall have 24-hour access to the electronic
database administered by the Department of Food and Agriculture.
(5) The Department of Food and Agriculture shall be authorized to
enter into memoranda of understandings with licensing authorities for
data sharing purposes, as deemed necessary by the Department of Food
and Agriculture.
(6) Information received and contained in records kept by the
Department of Food and Agriculture or licensing authorities for the
purposes of administering this section are confidential and shall not
be disclosed pursuant to the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code), except as necessary for authorized employees of the
State of California or any city, county, or city and county to
perform official duties pursuant to this chapter or a local
ordinance.
(7) Upon the request of a state or local law enforcement agency,
licensing authorities shall allow access to or provide information
contained within the database to assist law enforcement in their
duties and responsibilities pursuant to this chapter.
SEC. 14. Section 19350 of the Business
and Professions Code is amended to read:
19350. Each licensing authority shall establish a scale of
application, licensing, and renewal fees, based upon the cost of
enforcing this chapter, as follows:
(a) Each licensing authority shall charge each licensee a
licensure and renewal fee, as applicable. The licensure and renewal
fee shall be calculated to cover the costs of administering this
chapter. The licensure fee may vary depending upon the varying costs
associated with administering the various regulatory requirements of
this chapter as they relate to the nature and scope of the different
licensure activities, including, but not limited to, the track and
trace program required pursuant to Section 19335, but shall not
exceed the reasonable regulatory costs to the licensing authority.
(b) The total fees assessed pursuant to this chapter shall be set
at an amount that will fairly and proportionately generate sufficient
total revenue to fully cover the total costs of administering this
chapter.
(c) All license fees shall be set on a scaled basis by the
licensing authority, dependent on the size of the business.
(d) The licensing authority shall deposit all fees collected in a
fee account specific to that licensing authority, to be established
in the Medical Marijuana Cannabis
Regulation and Safety Act Fund. Moneys in the licensing authority fee
accounts shall be used, upon appropriation of the Legislature, by
the designated licensing authority for the administration of this
chapter.
SEC. 15. Section 19351 of the Business
and Professions Code is amended to read:
19351. (a) The Medical Marijuana Regulation and Safety Act Fund
is hereby established within the State Treasury. Moneys in the fund
shall be available upon appropriation by the Legislature.
Notwithstanding Section 16305.7 of the Government Code, the fund
shall include any interest and dividends earned on the moneys in the
fund. Commencing January 1, 2017, the fund is hereby renamed and
shall thereafter be known as the Medical Cannabis Regulation and
Safety Act Fund. On and after that date, any references in law to the
Medical Marijuana Regulation and Safety Act Fund, as created by this
section, shall instead be deemed to refer to the Medical Cannabis
Regulation and Safety Act Fund .
(b) (1) Funds for the establishment and support of the regulatory
activities pursuant to this chapter shall be advanced as a General
Fund or special fund loan, and shall be repaid by the initial
proceeds from fees collected pursuant to this chapter or any rule or
regulation adopted pursuant to this chapter, by January 1, 2022.
Should the initial proceeds from fees not be sufficient to repay the
loan, moneys from the Medical Cannabis Fines and Penalties Account
shall be made available to the bureau, by appropriation of the
Legislature, to repay the loan.
(2) Funds advanced pursuant to this subdivision shall be
appropriated to the bureau, which shall distribute the moneys to the
appropriate licensing authorities, as necessary to implement the
provisions of this chapter.
(3) The Director of Finance may provide an initial operating loan
from the General Fund to the Medical Marijuana
Cannabis Regulation and Safety Act Fund that does not exceed
ten million dollars ($10,000,000).
(c) Except as otherwise provided, all moneys collected pursuant to
this chapter as a result of fines or penalties imposed under this
chapter shall be deposited directly into the Medical Marijuana Fines
and Penalties Account, which is hereby established within the fund,
and shall be available, upon appropriation by the Legislature to the
bureau, for the purposes of funding the enforcement grant program
pursuant to subdivision (d). Commencing January 1, 2017, the
account is hereby renamed and shall thereafter be known as
the Medical Cannabis Fines and Penalties Account. On and after that
date, any references in law to the Medical Marijuana Fines and
Penalties Account shall instead be deemed to refer to the Medical
Cannabis Fines and Penalties Account .
(d) (1) The bureau shall establish a grant program to allocate
moneys from the Medical Cannabis Fines and Penalties Account to state
and local entities for the following purposes:
(A) To assist with medical cannabis regulation and the enforcement
of this chapter and other state and local laws applicable to
cannabis activities.
(B) For allocation to state and local agencies and law enforcement
to remedy the environmental impacts of cannabis cultivation.
(2) The costs of the grant program under this subdivision shall,
upon appropriation by the Legislature, be paid for with moneys in the
Medical Cannabis Fines and Penalties Account.
(3) The grant program established by this subdivision shall only
be implemented after the loan specified in this section is repaid.
SEC. 16. Section 19352 of the Business
and Professions Code is amended to read:
19352. The sum of ten million dollars ($10,000,000) is hereby
appropriated from the Medical Marijuana
Cannabis Regulation and Safety Act Fund to the Department of
Consumer Affairs to begin the activities of the Bureau of Medical
Marijuana Cannabis Regulation. Funds
appropriated pursuant to this section shall not include moneys
received from fines or penalties.
SEC. 17. Section 12029 of the Fish and
Game Code is amended to read:
12029. (a) The Legislature finds and declares all of the
following:
(1) The environmental impacts associated with marijuana
cannabis cultivation have increased, and
unlawful water diversions for marijuana
cannabis irrigation have a detrimental effect on fish and
wildlife and their habitat, which are held in trust by the state for
the benefit of the people of the state.
(2) The remediation of existing marijuana
cannabis cultivation sites is often complex and the permitting
of these sites requires greater department staff time and personnel
expenditures. The potential for marijuana
cannabis cultivation sites to significantly impact the state's
fish and wildlife resources requires immediate action on the part of
the department's lake and streambed alteration permitting staff.
(b) In order to address unlawful water diversions and other
violations of the Fish and Game Code associated with
marijuana cannabis cultivation, the department
shall establish the watershed enforcement program to facilitate the
investigation, enforcement, and prosecution of these offenses.
(c) The department, in coordination with the State Water Resources
Control Board, shall establish a permanent multiagency task force to
address the environmental impacts of marijuana
cannabis cultivation. The multiagency task force, to the
extent feasible and subject to available Resources,
resources, shall expand its enforcement efforts
on a statewide level to ensure the reduction of adverse impacts of
marijuana cannabis cultivation on fish
and wildlife and their habitats throughout the state.
(d) In order to facilitate the remediation and permitting of
marijuana cannabis cultivation sites,
the department shall adopt regulations to enhance the fees on any
entity subject to Section 1602 for marijuana
cannabis cultivation sites that require remediation. The fee
schedule established pursuant to this subdivision shall not exceed
the fee limits in Section 1609.
SEC. 18. Section 9147.7 of the
Government Code is amended to read:
9147.7. (a) For the purpose of this section, "eligible agency"
means any agency, authority, board, bureau, commission, conservancy,
council, department, division, or office of state government, however
denominated, excluding an agency that is constitutionally created or
an agency related to postsecondary education, for which a date for
repeal has been established by statute on or after January 1, 2011.
(b) The Joint Sunset Review Committee is hereby created to
identify and eliminate waste, duplication, and inefficiency in
government agencies. The purpose of the committee is to conduct a
comprehensive analysis over 15 years, and on a periodic basis
thereafter, of every eligible agency to determine if the agency is
still necessary and cost effective.
(c) Each eligible agency scheduled for repeal shall submit to the
committee, on or before December 1 prior to the year it is set to be
repealed, a complete agency report covering the entire period since
last reviewed, including, but not limited to, the following:
(1) The purpose and necessity of the agency.
(2) A description of the agency budget, priorities, and job
descriptions of employees of the agency.
(3) Any programs and projects under the direction of the agency.
(4) Measures of the success or failures of the agency and
justifications for the metrics used to evaluate successes and
failures.
(5) Any recommendations of the agency for changes or
reorganization in order to better fulfill its purpose.
(d) The committee shall take public testimony and evaluate the
eligible agency prior to the date the agency is scheduled to be
repealed. An eligible agency shall be eliminated unless the
Legislature enacts a law to extend, consolidate, or reorganize the
eligible agency. No eligible agency shall be extended in perpetuity
unless specifically exempted from the provisions of this section. The
committee may recommend that the Legislature extend the statutory
sunset date for no more than one year to allow the committee more
time to evaluate the eligible agency.
(e) The committee shall be comprised of 10 members of the
Legislature. The Senate Committee on Rules shall appoint five members
of the Senate to the committee, not more than three of whom shall be
members of the same political party. The Speaker of the Assembly
shall appoint five members of the Assembly to the committee, not more
than three of whom shall be members of the same political party.
Members shall be appointed within 15 days after the commencement of
the regular session. Each member of the committee who is appointed by
the Senate Committee on Rules or the Speaker of the Assembly shall
serve during that committee member's term of office or until that
committee member no longer is a Member of the Senate or the Assembly,
whichever is applicable. A vacancy on the committee shall be filled
in the same manner as the original appointment. Three Assembly
Members and three Senators who are members of the committee shall
constitute a quorum for the conduct of committee business. Members of
the committee shall receive no compensation for their work with the
committee.
(f) The committee shall meet not later than 30 days after the
first day of the regular session to choose a chairperson and to
establish the schedule for eligible agency review provided for in the
statutes governing the eligible agencies. The chairperson of the
committee shall alternate every two years between a Member of the
Senate and a Member of the Assembly, and the vice chairperson of the
committee shall be a member of the opposite house as the chairperson.
(g) This section shall not be construed to change the existing
jurisdiction of the budget or policy committees of the Legislature.
(h) This section shall not apply to the Bureau of Medical
Marijuana Cannabis Regulation.
SEC. 19. Section 11362.769 of the
Health and Safety Code is amended to read:
11362.769. Indoor and outdoor medical marijuana
cannabis cultivation shall be conducted in
accordance with state and local laws related to land conversion,
grading, electricity usage, water usage, water quality, woodland and
riparian habitat protection, agricultural discharges, and similar
matters. State agencies, including, but not limited to, the State
Board of Forestry and Fire Protection, the Department of Fish and
Wildlife, the State Water Resources Control Board, the California
regional water quality control boards, and traditional state law
enforcement agencies shall address environmental impacts of medical
marijuana cannabis cultivation and
shall coordinate, when appropriate, with cities and counties and
their law enforcement agencies in enforcement efforts.
SEC. 20. Section 11362.775 of the
Health and Safety Code is amended to read:
11362.775. (a) Subject to subdivision (b), qualified patients,
persons with valid identification cards, and the designated primary
caregivers of qualified patients and persons with identification
cards, who associate within the State of California in order
collectively or cooperatively to cultivate cannabis for medical
purposes, shall not solely on the basis of that fact be subject to
state criminal sanctions under Section 11357, 11358, 11359, 11360,
11366, 11366.5, or 11570.
(b) This section shall remain in effect only until one year after
the Bureau of Medical Marijuana Cannabis
Regulation posts a notice on its Internet Web site that the
licensing authorities have commenced issuing licenses pursuant to the
Medical Marijuana Cannabis Regulation
and Safety Act (Chapter 3.5 (commencing with Section 19300) of
Division 8 of the Business and Professions Code), and is repealed
upon issuance of licenses.
SEC. 21. Section 11362.777 of the
Health and Safety Code , as amended by Section 1 of
Chapter 1 of the Statutes of 2016, is amended to read:
11362.777. (a) The Department of Food and Agriculture shall
establish a Medical Cannabis Cultivation Program to be administered
by the secretary and, except as specified in subdivision (c), shall
administer this section as it pertains to the cultivation of medical
marijuana. cannabis. For purposes of
this section and Chapter 3.5 (commencing with Section 19300) of
Division 8 of the Business and Professions Code, medical cannabis is
an agricultural product.
(b) (1) A person or entity shall not cultivate medical
marijuana cannabis without first obtaining both
of the following:
(A) A license, permit, or other entitlement, specifically
permitting cultivation pursuant to these provisions, from the city,
county, or city and county in which the cultivation will occur.
(B) A state license issued by the department pursuant to this
section.
(2) A person or entity shall not submit an application for a state
license issued by the department pursuant to this section unless
that person or entity has received a license, permit, or other
entitlement, specifically permitting cultivation pursuant to these
provisions, from the city, county, or city and county in which the
cultivation will occur.
(3) A person or entity shall not submit an application for a state
license issued by the department pursuant to this section if the
proposed cultivation of marijuana cannabis
will violate the provisions of any local ordinance or
regulation, or if medical marijuana cannabis
is prohibited by the city, county, or city and county in which
the cultivation is proposed to occur, either expressly or otherwise
under principles of permissive zoning.
(c) (1) Except as otherwise specified in this subdivision, and
without limiting any other local regulation, a city, county, or city
and county, through its current or future land use regulations or
ordinance, may issue or deny a permit to cultivate medical
marijuana cannabis pursuant to this section. A
city, county, or city and county may inspect the intended cultivation
site for suitability before issuing a permit. After the city,
county, or city and county has approved a permit, the applicant shall
apply for a state medical marijuana cannabis
cultivation license from the department. A locally issued
cultivation permit shall only become active upon licensing by the
department and receiving final local approval. A person shall not
cultivate medical marijuana cannabis
before obtaining both a permit from the city, county, or city and
county and a state medical marijuana cannabis
cultivation license from the department.
(2) A city, county, or city and county that issues or denies
conditional licenses to cultivate medical marijuana
cannabis pursuant to this section shall notify
the department in a manner prescribed by the secretary.
(3) A city, county, or city and county's locally issued
conditional permit requirements must be at least as stringent as the
department's state licensing requirements.
(d) (1) The secretary may prescribe, adopt, and enforce
regulations relating to the implementation, administration, and
enforcement of this part, including, but not limited to, applicant
requirements, collections, reporting, refunds, and appeals.
(2) The secretary may prescribe, adopt, and enforce any emergency
regulations as necessary to implement this part. Any emergency
regulation prescribed, adopted, or enforced pursuant to this section
shall be adopted in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, and, for purposes of that chapter, including Section 11349.6 of
the Government Code, the adoption of the regulation is an emergency
and shall be considered by the Office of Administrative Law as
necessary for the immediate preservation of the public peace, health
and safety, and general welfare.
(3) The secretary may enter into a cooperative agreement with a
county agricultural commissioner to carry out the provisions of this
chapter, including, but not limited to, administration,
investigations, inspections, licensing and assistance pertaining to
the cultivation of medical marijuana.
cannabis. Compensation under the cooperative agreement shall be
paid from assessments and fees collected and deposited pursuant to
this chapter and shall provide reimbursement to the county
agricultural commissioner for associated costs.
(e) (1) The department, in consultation with, but not limited to,
the Bureau of Medical Marijuana Cannabis
Regulation, the State Water Resources Control Board, and the
Department of Fish and Wildlife, shall implement a unique
identification program for medical marijuana.
cannabis. In implementing the program, the department shall
consider issues, including, but not limited to, water use and
environmental impacts. In implementing the program, the department
shall ensure that:
(A) Individual and cumulative effects of water diversion and
discharge associated with cultivation do not affect the instream
flows needed for fish spawning, migration, and rearing, and the flows
needed to maintain natural flow variability.
(B) Cultivation will not negatively impact springs, riparian
wetlands, and aquatic habitats.
(2) The department shall establish a program for the
identification of permitted medical marijuana
cannabis plants at a cultivation site during the cultivation
period. The unique identifier shall be attached at the base of each
plant. A unique identifier, such as, but not limited to, a zip tie,
shall be issued for each medical marijuana
cannabis plant.
(A) Unique identifiers will only be issued to those persons
appropriately licensed by this section.
(B) Information associated with the assigned unique identifier and
licensee shall be included in the trace and track program specified
in Section 19335 of the Business and Professions Code.
(C) The department may charge a fee to cover the reasonable costs
of issuing the unique identifier and monitoring, tracking, and
inspecting each medical marijuana cannabis
plant.
(D) The department may promulgate regulations to implement this
section.
(3) The department shall take adequate steps to establish
protections against fraudulent unique identifiers and limit illegal
diversion of unique identifiers to unlicensed persons.
(f) (1) A city, county, or city and county that issues or denies
licenses to cultivate medical marijuana
cannabis pursuant to this section shall notify the department
in a manner prescribed by the secretary.
(2) Unique identifiers and associated identifying information
administered by a city or county shall adhere to the requirements set
by the department and be the equivalent to those administered by the
department.
(g) This section does not apply to a qualified patient cultivating
marijuana cannabis pursuant to Section
11362.5 if the area he or she uses to cultivate marijuana
cannabis does not exceed 100 square feet and he
or she cultivates marijuana cannabis
for his or her personal medical use and does not sell, distribute,
donate, or provide marijuana cannabis
to any other person or entity. This section does not apply to a
primary caregiver cultivating marijuana
cannabis pursuant to Section 11362.5 if the area he or she uses
to cultivate marijuana cannabis does
not exceed 500 square feet and he or she cultivates
marijuana cannabis exclusively for the personal
medical use of no more than five specified qualified patients for
whom he or she is the primary caregiver within the meaning of Section
11362.7 and does not receive remuneration for these activities,
except for compensation provided in full compliance with subdivision
(c) of Section 11362.765. For purposes of this section, the area used
to cultivate marijuana cannabis shall
be measured by the aggregate area of vegetative growth of live
marijuana cannabis plants on the
premises. Exemption from the requirements of this section does not
limit or prevent a city, county, or city and county from exercising
its police
authority under Section 7 of Article XI of the California
Constitution.
SEC. 22. Section 31020 of the Revenue
and Taxation Code is amended to read:
31020. The board, in consultation with the Department of Food and
Agriculture, shall adopt a system for reporting the movement of
commercial cannabis and cannabis products throughout the distribution
chain. The system shall not be duplicative of the electronic
database administered by the Department of Food and Agriculture
specified in Section 19335 of the Business and Professions Code. The
system shall also employ secure packaging and be capable of providing
information to the board. This system shall capture, at a minimum,
all of the following:
(a) The amount of tax due by the designated entity.
(b) The name, address, and license number of the designated entity
that remitted the tax.
(c) The name, address, and license number of the succeeding entity
receiving the product.
(d) The transaction date.
(e) Any other information deemed necessary by the board for the
taxation and regulation of marijuana cannabis
and marijuana cannabis products.
SEC. 23. Section 13276 of the Water
Code is amended to read:
13276. (a) The multiagency task force, the Department of Fish and
Wildlife and State Water Resources Control Board pilot project to
address the Environmental Impacts of Cannabis Cultivation, assigned
to respond to the damages caused by marijuana
cannabis cultivation on public and private lands in
California, shall continue its enforcement efforts on a permanent
basis and expand them to a statewide level to ensure the reduction of
adverse impacts of marijuana cannabis
cultivation on water quality and on fish and wildlife throughout the
state.
(b) Each regional board shall, and the State Water Resources
Control Board may, address discharges of waste resulting from medical
marijuana cannabis cultivation and
associated activities, including by adopting a general permit,
establishing waste discharge requirements, or taking action pursuant
to Section 13269. In addressing these discharges, each regional board
shall include conditions to address items that include, but are not
limited to, all of the following:
(1) Site development and maintenance, erosion control, and
drainage features.
(2) Stream crossing installation and maintenance.
(3) Riparian and wetland protection and management.
(4) Soil disposal.
(5) Water storage and use.
(6) Irrigation runoff.
(7) Fertilizers and soil.
(8) Pesticides and herbicides.
(9) Petroleum products and other chemicals.
(10) Cultivation-related waste.
(11) Refuse and human waste.
(12) Cleanup, restoration, and mitigation.
SECTION 1. Section 8001 of the Health and
Safety Code is amended to read:
8001. Any resolution or declaration for abandonment adopted and
made under this article shall specify and declare that at any time
after the expiration of 70 days after the first publication of the
notice of declaration of intended abandonment and removal, the human
remains then remaining in the cemetery shall be removed by the county
owning the cemetery. Notice of the declaration of intended
abandonment of the cemetery and proposed removal of the human remains
interred in the cemetery shall be given to all interested persons by
publication in the newspaper of general circulation published in the
county determined by the board of supervisors most likely to give
notice to the parties concerned. Publication shall be made once a
week for four consecutive times. The notice shall be entitled "Notice
of Declaration of Abandonment of Lands for Cemetery Purposes and of
Intention to Remove Human Bodies Interred Therein," and shall specify
a date not less than 70 days after the first publication of the
notice when the county controlling the cemetery lands and causing the
notice to be published will proceed to remove the human remains then
remaining in that cemetery. Notice shall also be mailed to any known
living heir-at-law of any person whose remains are interred in the
cemetery when the address of the heir is known.
