Bill Text: CA SB1426 | 2021-2022 | Regular Session | Amended
Bill Title: Cannabis: water pollution crimes.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-05-19 - May 19 hearing: Held in committee and under submission. [SB1426 Detail]
Download: California-2021-SB1426-Amended.html
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Amended
IN
Senate
May 02, 2022 |
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Amended
IN
Senate
April 07, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 1426
| Introduced by Senator Caballero (Coauthors: Senators Allen and Stern) |
February 18, 2022 |
An act to amend Section 11358 of the Health and Safety Code, relating to cannabis.
LEGISLATIVE COUNSEL'S DIGEST
SB 1426, as amended, Caballero.
Cannabis: water pollution crimes.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), approved by the voters as Proposition 64 at the November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of age and older. AUMA authorizes the Legislature to amend its provisions with a 2/3 vote of both houses to further its purposes and intent. Under AUMA, a person 18 years of age or older who plants, cultivates, harvests, dries, or processes more than 6 living cannabis plants, or any part thereof, may be charged with a felony if specified conditions exist, including when the offense causes substantial environmental harm to public lands or other public
resources.
This bill would make amend AUMA by making it a misdemeanor or felony to plant, cultivate, harvest, dry, or process more than 50 living cannabis plants, or any part thereof, and where that activity involves theft of groundwater, unauthorized tapping into a water conveyance or storage infrastructure, infrastructure or digging an unpermitted, illegal well, or the pollution of groundwater, as specified. This
or extracting groundwater from an unpermitted well. The bill would also clarify that causing substantial environmental harm to public resources includes groundwater. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11358 of the Health and Safety Code is amended to read:11358.
Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law, shall be punished as follows:(a) Each person under the age of 18 who plants, cultivates, harvests, dries, or processes any cannabis plants shall be punished in the same manner provided in paragraph (1) of subdivision (b) of Section 11357.
(b) Each person at least 18 years of age but less than 21 years of age who plants, cultivates, harvests, dries, or processes not more than six living cannabis plants shall be guilty of an infraction and a fine of not more than one hundred dollars ($100).
(c) Each person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.
(d) Notwithstanding subdivision (c), a person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants, or any part thereof, except as otherwise provided by law, may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if any of the following conditions exist:
(1) The person has one or more prior convictions for an
offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.
(2) The person has two or more prior convictions under subdivision (c).
(3) The offense resulted in any of the following:
(A) Violation of Section 1052 of the Water Code relating to illegal diversion of water.
(B) Violation of Section 13260, 13264, 13272, or 13387 of the Water Code relating to discharge of water.
(C) Violation of Section 5650 or 5652 of the Fish and Game Code
relating to waters of the state.
(D) Violation of Section 1602 of the Fish and Game Code relating to rivers, streams, and lakes.
(E) Violation of Section 374.8 of the Penal Code relating to hazardous substances or Section 25189.5, 25189.6, or 25189.7 of the Health and Safety Code relating to hazardous waste.
(F) Violation of Section 2080 of the Fish and Game Code relating to endangered and threatened species or Section 3513 of the Fish and Game Code relating to the Migratory Bird Treaty Act, or Section 2000 of the Fish and Game Code relating to the unlawful taking of fish and wildlife.
(G) Intentionally or with gross negligence causing substantial environmental
harm to public lands or other public resources, such as groundwater.
(e) Notwithstanding subdivision (c), a person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than 50 living cannabis plants, or any part thereof, except as otherwise provided by law, may be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both the fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if the offense involved any of the following:
(1) Theft of groundwater, unauthorized Unauthorized
tapping into a water conveyance or storage infrastructure, or digging an unpermitted, illegal well. infrastructure.
(2)The pollution of groundwater by the use of illegal pesticides or the improper or excessive use of pesticides, rodenticides, herbicides, or other hazardous chemicals.
(2) Digging or extracting groundwater from an unpermitted well.
