Bill Text: CA SB141 | 2021-2022 | Regular Session | Amended
Bill Title: Public safety trailer bill.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2022-08-31 - Ordered to inactive file on request of Assembly Member Reyes. [SB141 Detail]
Download: California-2021-SB141-Amended.html
Amended
IN
Assembly
June 28, 2021 |
Introduced by Committee on Budget and Fiscal Review |
January 08, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2021.
Digest Key
Vote:Bill Text
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 the licensee’s 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 the licensee’s 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.(f)The Bureau of Cannabis Control shall disclose information on its licensees.
(g)
SEC. 2.
Section 101 of the Business and Professions Code is amended to read:101.
The department is comprised of the following:(am)The Bureau of Cannabis Control.
(an)
(ao)
SEC. 3.
Section 144 of the Business and Professions Code is amended to read:144.
(a) Notwithstanding any other 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.(27)Bureau of Cannabis Control.
(28)
(29)
(30)
(31)
SEC. 4.
Section 26001 of the Business and Professions Code is amended to read:26001.
For purposes of this division, the following definitions apply:(e)“Bureau” means the Bureau of Cannabis Control within the Department of Consumer Affairs, formerly named the Bureau of Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana Regulation.
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(ab)
(ac)
(ad)
(ae)
(af)
(ag)
(ah)“Manufacturer” means a licensee that conducts the production, preparation, propagation, or compounding of cannabis or 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 cannabis or cannabis products or labels or relabels its container.
(aj)
(ak)
(al)
(am)
(an)
(ao)
(ap)
(aq)
(ar)
(as)
(at)
(au)
(av)
SEC. 5.
Section 26001.1 of the Business and Professions Code is repealed.In addition to the definitions listed in Section 26001, for purposes of this division, “microbusiness” means a person holding a license issued under paragraph (3) of subdivision (a) of Section 26070.
SEC. 6.
Section 26010 of the Business and Professions Code is amended to read:26010.
There is in theSEC. 7.
Section 26010.5 of the Business and Professions Code is amended to read:26010.5.
(a) The Governor shall appoint(e)The bureau and the director shall succeed to and are vested with all the duties, powers, purposes, responsibilities, and jurisdiction formerly vested in the Bureau of Marijuana Control, also formerly known as the Bureau of Medical Cannabis Regulation and the Bureau of Medical Marijuana Regulation, under the former Medical Cannabis Regulation and Safety Act (former Chapter 3.5 (commencing with Section 19300) of Division 8).
(f)Upon the effective date of this section, whenever “Bureau of Marijuana Control,” “Bureau of Medical Cannabis Regulation,” or “Bureau of Medical Marijuana Regulation” appears in any statute, regulation, or contract, or in any other code, it shall be construed to refer to the bureau.
(g)
SEC. 8.
Section 26010.7 is added to the Business and Professions Code, to read:26010.7.
(a) Except as provided in Sections 26062 and 26063 and Chapter 23 (commencing with Section 26240), on and after the operative date of this section, the Department of Cannabis Control and the director shall succeed to and be vested with all the duties, powers, purposes, functions, responsibilities, and jurisdiction of the Bureau of Cannabis Control, also formerly known as the Bureau of Medical Cannabis Regulation and the Bureau of Medical Marijuana Regulation under the former Medical Cannabis Regulation and Safety Act (former Chapter 3.5 commencing with Section 19300 of Division 8), the State Department of Public Health, and the Department of Food and Agriculture, as provided for pursuant to this division as it read on the day before the operative date of this section.SEC. 9.
Section 26011 of the Business and Professions Code is amended to read:26011.
Neither theSEC. 10.
Section 26011.5 of the Business and Professions Code is amended to read:26011.5.
The protection of the public shall be the highest priority forSEC. 11.
Section 26012 of the Business and Professions Code is amended to read: (a)It being a matter of statewide concern, except as otherwise authorized in this division:(1)
26012.
(a) The(2)The Department of Food and Agriculture shall administer the provisions of this division related to and associated with the cultivation of cannabis. The Department of Food and Agriculture shall have the authority to create, issue, deny, and suspend or revoke cultivation licenses for violations of this division.
(3)The State Department of Public Health shall administer the provisions of this division related to and associated with the manufacturing of cannabis products. The State Department of Public Health shall have the authority to create, issue, deny, and suspend or revoke manufacturing licenses for violations of this division.
(d)Licensing authorities shall begin issuing licenses under this division by January 1, 2018.
SEC. 12.
Section 26012.5 is added to the Business and Professions Code, to read:26012.5.
(a) The department shall provide on its internet website information regarding the status of every license issued by the department 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).SEC. 13.
Section 26013 of the Business and Professions Code is amended to read:26013.
(a)SEC. 14.
Section 26013.5 of the Business and Professions Code is amended to read:26013.5.
(a) Notice of any action ofSEC. 15.
Section 26014 of the Business and Professions Code is amended to read:26014.
(a) TheSEC. 16.
Section 26015 of the Business and Professions Code is amended to read:26015.
(a)SEC. 17.
Section 26016 of the Business and Professions Code is amended to read:26016.
For any hearing held pursuant to this division, except a hearing held under Chapter 4 (commencing with Section 26040),SEC. 18.
Section 26017 of the Business and Professions Code is amended to read:26017.
In any hearing beforeSEC. 19.
Section 26018 of the Business and Professions Code is amended to read:26018.
SEC. 20.
Section 26030 of the Business and Professions Code is amended to read:26030.
Grounds for disciplinary action include, but are not limited to, all of the following:SEC. 21.
Section 26031 of the Business and Professions Code is amended to read:26031.
(a)(e)Upon suspension or revocation of a license, the licensing authority shall inform the bureau. The bureau shall then inform all other licensing authorities. Upon any other enforcement action against a licensee, the licensing authority shall notify all other licensing authorities.
SEC. 22.
Section 26031.01 is added to the Business and Professions Code, to read:26031.01.
(a) Notwithstanding Section 26031, the department may, before a hearing, suspend the license of a person who procured the issuance of the license by fraud, misrepresentation, deceit, or by the making of any material misstatement of fact in the application for such license.SEC. 23.
Section 26031.1 is added to the Business and Professions Code, to read:26031.1.
(a) Except as otherwise provided by law, in an order issued in resolution of a disciplinary proceeding before the department, the administrative law judge, upon request, may direct a licensee found to have committed a violation to pay a sum not to exceed the reasonable costs of the investigation and enforcement of the case.SEC. 24.
Section 26031.2 is added to the Business and Professions Code, to read:26031.2.
(a) The superior court for the county in which any person has engaged or is about to engage in any act which constitutes a violation of this division may, upon a petition filed by the department with the approval of the director, issue an injunction or other appropriate order restraining such conduct. The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.SEC. 25.
Section 26031.5 of the Business and Professions Code is amended to read:26031.5.
(a)SEC. 26.
Section 26034 of the Business and Professions Code is amended to read:26034.
All accusations against licensees shall be filed by theSEC. 27.
Section 26035 of the Business and Professions Code is amended to read:26035.
The director shall designate the persons employed by theSEC. 28.
Section 26037.5 is added to the Business and Professions Code, to read:26037.5.
(a) A person or entity shall not engage in commercial cannabis activity without a state license issued by the department pursuant to this division.SEC. 29.
Section 26038 of the Business and Professions Code is amended to read:26038.
(a) A person engaging in commercial cannabis activity without a license required by this division shall be subject to civil penalties of up to three times the amount of the license fee for each violation, and the court may order the destruction of cannabis associated with that violation in accordance with Section 11479 of the Health and Safety Code. Each day of operation shall constitute a separate violation of this section. All civil penalties imposed and collected pursuant to this section bySEC. 30.
Section 26041 of the Business and Professions Code is amended to read:26041.
All personnel of the panel shall be appointed, employed, directed, and controlled by the panel consistent with state civil service requirements. TheSEC. 31.
Section 26043 of the Business and Professions Code is amended to read:26043.
(a) After proceedings pursuant to Section 26031, 26031.5, or 26058 or Chapter 2 (commencing with Section 480) or Chapter 3 (commencing with Section 490) of Division 1.5, any person aggrieved by the decision ofSEC. 32.
Section 26044 of the Business and Professions Code is amended to read:26044.
(a) In appeals where the panel finds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before theSEC. 33.
Section 26045 of the Business and Professions Code is amended to read:26045.
(a) No court of this state, except the Supreme Court and the courts of appeal to the extent specified in this chapter, shall have jurisdiction to review, affirm, reverse, correct, or annul any order, rule, or decision ofSEC. 34.
Section 26046 of the Business and Professions Code is amended to read:26046.
(a) The review by the court shall not extend further than to determine, based on the whole record of theSEC. 35.
Section 26047 of the Business and Professions Code is amended to read:26047.
The findings and conclusions of theSEC. 36.
Section 26050 of the Business and Professions Code is amended to read:26050.
(a) The license classification pursuant to this division shall, at a minimum, be as follows:SEC. 37.
Section 26050.2 of the Business and Professions Code is amended to read:26050.2.
(a)(1)
(2)
(d)
(e)
(f)
(g)
(h)
(i)
SEC. 38.
Section 26051 of the Business and Professions Code is amended to read:26051.
(a) The Cartwright Act, the Unfair Practices Act, the Unfair Competition Law, and the other provisions of Part 2 (commencing with Section 16600) of Division 7 apply to all licensees regulated under this division.SEC. 39.
Section 26051.5 of the Business and Professions Code is amended to read:26051.5.
(a) An applicant forSEC. 40.
Section 26053 of the Business and Professions Code is amended to read:26053.
(a) All commercial cannabis activity shall be conducted between licensees, except as otherwise provided in this division.SEC. 41.
Section 26054 of the Business and Professions Code is amended to read:26054.
(a) A licensee shall not sell alcoholic beverages or tobacco products on or at any premises licensed under this division.(d)
SEC. 42.
Section 26054.2 of the Business and Professions Code is repealed.(a)A licensing authority shall give priority in issuing licenses under this division to applicants that can demonstrate to the authority’s satisfaction that the applicant operated in compliance with the Compassionate Use Act of 1996 (Section 11362.5 of the Health and Safety Code) and its implementing laws before September 1, 2016.
(b)The licensing authorities shall request that local jurisdictions identify for the licensing authorities potential applicants for licensure based on the applicants’ prior operation in the local jurisdiction in compliance with state law, including the Compassionate Use Act of 1996 (Section 11362.5 of the Health and Safety Code) and its implementing laws, and any applicable local laws.
(c)In addition to or in lieu of the information described in subdivision (b), an applicant may furnish other evidence as deemed appropriate by the licensing authority to demonstrate operation in compliance with the Compassionate Use Act of 1996 (Section 11362.5 of the Health and Safety Code). The licensing authorities may accept such evidence to demonstrate eligibility for the priority provided for in subdivision (a).
(d)This section shall cease to be operative on December 31, 2019, unless otherwise provided by law.
SEC. 43.
Section 26055 of the Business and Professions Code is amended to read:26055.
(a)(3)The bureau shall share the information required by this subdivision with the other licensing authorities.
SEC. 44.
Section 26057 of the Business and Professions Code is amended to read:26057.
(a) TheSEC. 45.
Section 26058 of the Business and Professions Code is amended to read:26058.
Upon the denial of any application for a license, theSEC. 46.
Section 26060 of the Business and Professions Code is amended to read:26060.
(a) (1) For the purposes of this division, cannabis is an agricultural product.(a)
(c)The Department of Food and Agriculture shall serve as the lead agency for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) related to the licensing of cannabis cultivation.
(d)
(e)
(f)
(g)
SEC. 47.
Section 26060.1 of the Business and Professions Code is amended to read:26060.1.
(a) An application for a license for cultivation issued by theSEC. 48.
Section 26061 of the Business and Professions Code is amended to read:26061.
(a) The state cultivator license types to be issued by theSEC. 49.
Section 26062 of the Business and Professions Code is amended to read:26062.
(a) (1) (A) No later thanSEC. 50.
Section 26063 of the Business and Professions Code is amended to read:26063.
(a) (1) (A) No later than January 1, 2018, theSEC. 51.
Section 26067 of the Business and Professions Code is amended to read:26067.
(a) The(B)The department 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.
(5)The department shall be authorized to enter into memoranda of understandings with licensing authorities for data sharing purposes, as deemed necessary by the department.
(6)
(7)
SEC. 52.
Section 26068 of the Business and Professions Code is amended to read:26068.
(a) The department, in consultation with theSEC. 53.
Section 26069 of the Business and Professions Code is amended to read: (a)The department shall establish a Cannabis Cultivation Program to be administered by the secretary. The secretary shall administer this section as it pertains to the cultivation of cannabis. For purposes of this division, cannabis is an agricultural product. (b)A person or entity shall not cultivate cannabis without first obtaining a state license issued by the department pursuant to this division.(c)
26069.
(a) (1) The(B)
(C)
(D)
(E)The department may promulgate regulations to implement this section.
(3)
(d)
(e)
(2)Subdivision (b) does not apply to persons or entities licensed under subdivision (b) of Section 26070.5.
SEC. 54.
Section 26069.1 of the Business and Professions Code is amended and renumbered to read:26069.1. 26066.1.
TheSEC. 55.
Section 26069.5 of the Business and Professions Code is amended and renumbered to read:26069.5. 26066.2.
(a) A county agricultural commissioner may report to theSEC. 56.
Section 26069.9 of the Business and Professions Code is repealed.For purposes of this chapter:
(a)“Department” means the Department of Food and Agriculture.
(b)“Secretary” means the Secretary of Food and Agriculture.
SEC. 57.
Section 26070 of the Business and Professions Code is amended to read:26070.
Retailers, Distributors, and Microbusinesses.(C)The bureau may enter into interagency agreements with licensing authorities to implement and enforce the provisions of this division related to microbusinesses. The costs of activities carried out by the licensing authorities as requested by the bureau pursuant to the interagency agreement shall be calculated into the application and licensing fees collected pursuant to this division, and shall provide for reimbursement to state agencies for associated costs as provided for in the interagency agreement.
(l)Beginning January 1, 2018, a licensee may sell cannabis or cannabis products that have not been tested for a limited and finite time as determined by the bureau. The cannabis or cannabis products must have a label affixed to each package containing the cannabis or cannabis products that clearly states “This product has not been tested as required by the Medicinal and Adult-Use Cannabis Regulation and Safety Act” and must comply with any other requirement as determined by the bureau.
SEC. 58.
Section 26070.5 of the Business and Professions Code is amended to read:26070.5.
(a) TheSEC. 59.
Section 26090 of the Business and Professions Code is amended to read:26090.
(a) Deliveries, as defined in this division, may only be made by a licensed retailer or microbusiness, or a licensed nonprofit under Section 26070.5.SEC. 60.
Section 26100 of the Business and Professions Code is amended to read:26100.
(a) Except as otherwise provided by law, cannabis or cannabis products shall not be sold pursuant to a license provided for under this division unless a representative sample of the cannabis or cannabis products has been tested by a licensed testing laboratory.SEC. 61.
Section 26102 of the Business and Professions Code is amended to read:26102.
A testing laboratory shall not be licensed by theSEC. 62.
Section 26104 of the Business and Professions Code is amended to read:26104.
(a) A licensed testing laboratory shall, in performing activities concerning cannabis and cannabis products, comply with the requirements and restrictions set forth in applicable law and regulations.(d)
(e)
SEC. 63.
Section 26105 of the Business and Professions Code is amended and renumbered to read:26105. 26132.
Manufacturing Level 2 licensees shall enact sufficient methods or procedures to capture or otherwise limit risk of explosion, combustion, or any other unreasonably dangerous risk to public safety created by volatile solvents. TheSEC. 64.
Section 26106 of the Business and Professions Code is amended and renumbered to read:26106. 26131.
Standards for the production, packaging, and labeling of all cannabis products developed by theSEC. 65.
Section 26110 of the Business and Professions Code is amended to read:26110.
(a) Cannabis batches are subject to quality assurance standards and testing prior to sale at a retailer, microbusiness, or nonprofit licensed under Section 26070.5, except for immature cannabis plants and seeds, as provided for in this division.SEC. 66.
Section 26120 of the Business and Professions Code is amended to read:26120.
(a) Prior to delivery or sale at a retailer, cannabis and cannabis products shall be labeled and placed in aSEC. 67.
Section 26121 of the Business and Professions Code is amended and renumbered to read:26121. 26039.5.
(a) (1)
(2)
(3)
SEC. 68.
Section 26130 of the Business and Professions Code is amended to read:26130.
(a) TheSEC. 69.
Section 26131 of the Business and Professions Code is amended and renumbered to read:26131. 26039.6.
(a) SEC. 70.
Section 26132 of the Business and Professions Code is amended and renumbered to read:26132. 26039.1.
(a) When theSEC. 71.
Section 26133 of the Business and Professions Code is amended and renumbered to read:26133. 26039.3.
(a) If the(g)
(h)
(i)The State Department of Public Health may condemn a cannabis product under provisions of this division. The cannabis product shall be destroyed at the expense of the licensee or owner.
SEC. 72.
Section 26134 of the Business and Professions Code is repealed.(a)The State Department of Public Health may issue a citation, which may contain an order of abatement and an order to pay an administrative fine assessed by the department if the licensee is in violation of this division or any regulation adopted pursuant to it.
(1)Citations shall be in writing and shall describe with particularity the nature of the violation, including specific reference to the law determined to have been violated.
(2)If appropriate, the citation shall contain an order of abatement fixing a reasonable time for abatement of the violation.
(3)The administrative fine assessed by the State Department of Public Health
shall not exceed five thousand dollars ($5,000) for each violation, unless a different fine amount is expressly provided by this division. In assessing a fine, the department shall give due consideration to the appropriateness of the amount of the fine with respect to factors such as the gravity of the violation, the good faith of the licensee, and the history of previous violations.
(4)A citation issued or a fine assessed pursuant to this section shall notify the licensee that if the licensee desires a hearing to contest the finding of a violation, that hearing shall be requested by written notice to the State Department of Public Health within 30 days of the date of issuance of the citation or fine. If a hearing is not requested pursuant to this section, payment of any fine shall not constitute an admission of the violation charged. Hearings shall be held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the Government Code.
(5)Failure of a licensee to pay a fine within 30 days of the date of assessment of the fine, unless assessment of the fine or the citation is being appealed, may result in further legal action being taken by the State Department of Public Health. If a licensee does not contest a citation or pay the fine, the full amount of the fine shall be added to the fee for renewal of the license. A license shall not be renewed without payment of the renewal fee, including the amount of the fine.
(6)A citation may be issued without the assessment of an administrative fine.
(7)The State Department of Public Health may limit the assessment of administrative fines to only particular violations of this division and establish any other requirement for implementation of the citation system by
regulation.
(b)Notwithstanding any other law, if a fine is paid to satisfy an assessment based on the finding of a violation, payment of the fine shall be represented as satisfactory resolution of the matter for purposes of public disclosure.
SEC. 73.
Section 26135 of the Business and Professions Code is amended and renumbered to read:26135. 26039.4.
A peace officer, including a peace officerSEC. 74.
Section 26140 of the Business and Professions Code is amended to read:26140.
(a) An A-licensee shall not:SEC. 75.
Section 26153 of the Business and Professions Code is amended to read:26153.
(a) A licensee shall not give away any amount of cannabis or cannabis products, or any cannabis accessories, as part of a business promotion or other commercial activity.A
SEC. 76.
Section 26153.1 is added to the Business and Professions Code, to read:26153.1.
(a) The Department of Cannabis Control shall adopt regulations to establish a process authorizing licensees to designate cannabis or cannabis products as a trade sample at any time while the cannabis or cannabis product is in the possession of the licensee.SEC. 77.
Section 26160 of the Business and Professions Code is amended to read:26160.
(a) A licensee shall keep accurate records of commercial cannabis activity.SEC. 78.
Section 26161 of the Business and Professions Code is amended to read:26161.
(a) Every sale or transport of cannabis or cannabis products from one licensee to another licensee must be recorded on a sales invoice or receipt. Sales invoices and receipts may be maintained electronically and must be filed in such manner as to be readily accessible for examination by employees of theSEC. 79.
Section 26162 of the Business and Professions Code is amended to read:26162.
(a) Information identifying the names of patients, their medical conditions, or the names of their primary caregivers received and contained in records kept by the office orSEC. 80.
Section 26163 of the Business and Professions Code is amended to read:26163.
(a)SEC. 81.
Section 26180 of the Business and Professions Code is amended to read:26180.
SEC. 82.
Section 26190 of the Business and Professions Code is amended to read:26190.
Beginning on March 1, 2023, and on or before March 1 of each year thereafter,(h)
(i)
SEC. 83.
Section 26190.5 of the Business and Professions Code is amended to read:26190.5.
TheSEC. 84.
Section 26191 of the Business and Professions Code is amended to read:26191.
(a) Commencing January 1,SEC. 85.
Section 26200 of the Business and Professions Code is amended to read:26200.
(a) (1) This division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction.SEC. 86.
Section 26202 of the Business and Professions Code is amended to read:26202.
(a) A local jurisdiction may enforce this division and the regulations promulgated bySEC. 87.
Section 26210 of the Business and Professions Code is amended to read:26210.
(a) The Marijuana Control Fund, formerly known as the Medical Cannabis Regulation and Safety Act Fund and the Medical Marijuana Regulation and Safety Act Fund, is hereby renamed the Cannabis Control Fund. Notwithstanding Section 16305.7 of the Government Code, the fund shall include any interest and dividends earned on moneys in the fund.SEC. 88.
Section 26210.5 of the Business and Professions Code is amended to read:26210.5.
By July 1, 2018, theSEC. 89.
Section 26211 of the Business and Professions Code is amended to read:26211.
(a) Funds for the initial establishment and support of the regulatory activities under this division, including the public information program described in subdivision (c), and for the activities of theSEC. 90.
Section 26223 of the Business and Professions Code is amended to read:26223.
(a) Three or more natural persons, who are engaged in the cultivation of any cannabis product, may form an association pursuant to this chapter for the purpose of engaging in any activity in connection with any of the following:SEC. 91.
Section 26240 of the Business and Professions Code is amended to read:26240.
For purposes of this chapter, the following definitions apply:SEC. 92.
Section 26242 of the Business and Professions Code is amended to read:26242.
(a) TheSEC. 93.
Section 26244 of the Business and Professions Code is amended to read:26244.
(a) (1) An eligible local jurisdiction may, in the form and manner prescribed by the(e)The bureau may enter into an interagency agreement with the Governor’s Office of Business and Economic Development to administer this section on its behalf.
(f)(1)All powers and authority granted to the bureau in this section are also granted to the Governor’s Office of Business and Economic Development to carry out the purposes of this section.
(2)
(B)This paragraph shall remain in effect only until July 1, 2021, and as of that date is repealed.
SEC. 94.
Section 26246 of the Business and Professions Code is amended to read:26246.
(a) To facilitate greater equity in business ownership and employment in the cannabis market, the(a)In coordination with the other licensing authorities, serve as a point of contact for local equity programs.
SEC. 95.
Section 26248 of the Business and Professions Code is amended to read:26248.
(a) On or before July 1,SEC. 96.
Section 26249 of the Business and Professions Code is amended to read:26249.
(a) Notwithstanding Sections 26012 and 26180, on or before January 1, 2021,SEC. 97.
Section 26260 of the Business and Professions Code is amended to read:26260.
(a) An entity that receives deposits, extends credit, conducts fund transfers, transports cash or financial instruments, or provides other financial services does not commit a crime under any California law, including Chapter 10 (commencing with Section 186.9) of Title 7 of Part 1 of the Penal Code, solely by virtue of the fact that the person receiving the benefit of any of those services engages in commercial cannabis activity as a licensee pursuant to this division.SEC. 98.
Section 1602 of the Fish and Game Code is amended to read:1602.
(a) An entity shall not substantially divert or obstruct the natural flow of, or substantially change or use any material from the bed, channel, or bank of, any river, stream, or lake, or deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake, unless all of the following occur:SEC. 99.
Section 12029 of the Fish and Game Code is amended to read:12029.
(a) The Legislature finds and declares all of the following:SEC. 100.
Section 52452 of the Food and Agricultural Code is amended to read:52452.
(a) Except as otherwise provided in Section 52454, each container of agricultural seed that is for sale or sold within this state for sowing purposes shall bear upon it or have attached to it in a conspicuous place a plainly written or printed label or tag in the English language that includes all of the following information:SEC. 101.
Section 81006 of the Food and Agricultural Code is amended to read:81006.
Industrial Hemp Growth Limitations; Prohibitions; Imports; Laboratory Testing.SEC. 102.
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.SEC. 103.
Section 11041 of the Government Code is amended to read:11041.
(a) Section 11042 does not apply to the Regents of the University of California, the Trustees of the California State University, Legal Division of the Department of Transportation, Division of Labor Standards Enforcement of the Department of Industrial Relations, Workers’ Compensation Appeals Board, Public Utilities Commission, State Compensation Insurance Fund, Legislative Counsel Bureau, Inheritance Tax Department, Secretary of State, State Lands Commission, Alcoholic Beverage Control Appeals Board (except when the board affirms the decision of the Department of Alcoholic Beverage Control), Department of Cannabis Control (except in proceedings in state or federal court), State Department of Education, Department of Financial Protection and Innovation, and Treasurer with respect to bonds, nor to any other state agency which, by law enacted after Chapter 213 of the Statutes of 1933, is authorized to employ legal counsel.SEC. 104.
Section 20391 of the Government Code is amended to read:20391.
“State peace officer/firefighter member” means:SEC. 105.
Section 11474 of the Health and Safety Code is amended to read:11474.
A court order for the destruction of controlled substances, instruments, or paraphernalia pursuant to the provisions of Section 11473 or 11473.5 may be carried out by a police or sheriff’s department, the Department of Justice, the Department of the California Highway Patrol, the Department of Cannabis Control, or the Department of Alcoholic Beverage Control. The court order shall specify the agency responsible for the destruction. Controlled substances, instruments, or paraphernalia not in the possession of the designated agency at the time the order of the court is issued shall be delivered to the designated agency for destruction in compliance with the order.SEC. 106.
Section 830.2 of the Penal Code is amended to read:830.2.
The following persons are peace officers whose authority extends to any place in the state:SEC. 107.
Section 830.11 of the Penal Code is amended to read:830.11.
(a) The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 and the power to serve warrants as specified in Sections 1523 and 1530 during the course and within the scope of their employment, if they receive a course in the exercise of those powers pursuant to Section 832. The authority and powers of the persons designated under this section extend to any place in the state:SEC. 108.
Section 30625 of the Penal Code is amended to read:30625.
Sections 30600, 30605, and 30610 do not apply to the sale of an assault weapon or .50 BMG rifle to, or the purchase, importation, or possession of an assault weapon or a .50 BMG rifle by, the Department of Justice, police departments, sheriffs’ offices, marshals’ offices, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol, district attorneys’ offices, the Department of Fish and Wildlife, the Department of Parks and Recreation, the Department of Cannabis Control, or the military or naval forces of this state or of the United States, or any federal law enforcement agency for use in the discharge of their official duties.SEC. 109.
Section 32000 of the Penal Code is amended to read:32000.
(a) (1) A person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends an unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.SEC. 110.
Section 6414 of the Revenue and Taxation Code is amended to read:6414.
(a) The storage, use, or other consumption in this state of medicinal cannabis or medicinal cannabis product shall be exempt from the use tax in either of the following circumstances:SEC. 111.
Section 34010 of the Revenue and Taxation Code is amended to read:34010.
For purposes of this part:(d)“Bureau” means the Bureau of Cannabis Control within the Department of Consumer Affairs.
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SEC. 112.
Section 34011 of the Revenue and Taxation Code is amended to read:34011.
(a) (1) Effective January 1, 2018, a cannabis excise tax shall be imposed upon purchasers of cannabis or cannabis products sold in this state at the rate of 15 percent of the average market price of any retail sale by a cannabis retailer. A purchaser’s liability for the cannabis excise tax is not extinguished until the cannabis excise tax has been paid to this state except that an invoice, receipt, or other document from a cannabis retailer given to the purchaser pursuant to this subdivision is sufficient to relieve the purchaser from further liability for the tax to which the invoice, receipt, or other document refers.SEC. 113.
Section 34012 of the Revenue and Taxation Code is amended to read:34012.
(a) Effective January 1, 2018, there is hereby imposed a cultivation tax on all harvested cannabis that enters the commercial market upon all cultivators. The tax shall be due after the cannabis is harvested and enters the commercial market.SEC. 114.
Section 34012.2 is added to the Revenue and Taxation Code, to read:34012.2.
(a) On and after January 1, 2022, there is exempt from the cultivation tax imposed pursuant to Section 34012 the cultivation of all harvested cannabis that will be, or has been, designated a trade sample pursuant to Section 26153.1 of the Business and Professions Code and all harvested cannabis that is used to manufacture a cannabis product that is designated a trade sample pursuant to Section 26153.1 of the Business and Professions Code.SEC. 115.
Section 34019 of the Revenue and Taxation Code is amended to read:34019.
(a) Beginning with the 2017–18 fiscal year, the Department of Finance shall estimate revenues to be received pursuant to Sections 34011 and 34012 and provide those estimates to the Controller no later than June 15 of each year. The Controller shall use these estimates when disbursing funds pursuant to this section. Before any funds are disbursed pursuant to subdivisions (b), (c), (d), and (e) of this section, the Controller shall disburse from the Tax Fund to the appropriate account, without regard to fiscal year, the following:(4)
(5)
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SEC. 116.
Section 13149 of the Water Code is amended to read:13149.
(a) (1) (A) The board, in consultation with the Department of Fish and Wildlife, shall adopt principles and guidelines for diversion and use of water for cannabis cultivation in areas where cannabis cultivation may have the potential to substantially affect instream flows. The principles and guidelines adopted under this section may include, but are not limited to, instream flow objectives, limits on diversions, and requirements for screening of diversions and elimination of barriers to fish passage. The principles and guidelines may include requirements that apply to groundwater extractions where the board determines those requirements are reasonably necessary for purposes of this section.SEC. 117.
The sum of ten thousand dollars ($10,000) is hereby appropriated from the General Fund to the Department of Cannabis Control for purposes of implementing this act.SEC. 118.
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.SEC. 119.
The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.SEC. 120.
The Legislature finds and declares that Section 12 of this act, which adds Section 26012.5 to the Business and Professions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:SEC. 121.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2021.