Amended  IN  Assembly  July 03, 2018
Amended  IN  Senate  April 23, 2018
Amended  IN  Senate  April 12, 2018
Amended  IN  Senate  April 09, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1459

Introduced by Senator Cannella
(Coauthor: Senator Galgiani)
(Coauthor: Assembly Member Caballero)

February 16, 2018

An act to amend Section 2279 of the Food and Agricultural Code, relating to cannabis cultivation.


LEGISLATIVE COUNSEL'S DIGEST


SB 1459, as amended, Cannella. Cannabis cultivation: county agricultural commissioners: reporting.
The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Under existing law, the Department of Food and Agriculture may issue cannabis cultivation licenses to commercial cannabis businesses that differ depending on the size of the cultivation site and whether the site is indoor, outdoor, or mixed.
Existing law establishes in each county a county department of agriculture under the control of a county agricultural commissioner. Existing law requires a county agricultural commissioner to compile, and to transmit to the Secretary of Food and Agriculture, reports of the condition, acreage, production, and value of the agricultural products in the county.
This bill would provide that, for purposes of this report, agricultural products that a county agricultural commissioner may include cannabis produced in the county. The bill would require any data on cannabis production to be included county in an above-described report, as an addendum to the report. The bill would provide that this data may be organized by categories including, but not limited to, state cultivator license type and other specified categories. The bill would prohibit a county agricultural commissioner from seeking reimbursement from certain funding sources for expenses incurred pursuant to this authority.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2279 of the Food and Agricultural Code is amended to read:

2279.
 (a) The commissioner shall compile reports of the condition, acreage, production, and value of the agricultural products in the commissioner’s county. The commissioner may publish the reports, and shall transmit a copy of them to the secretary.
(b) (1) For purposes of a report compiled pursuant to subdivision (a), agricultural products may, at the commissioner’s discretion, The commissioner may include cannabis produced in the county. Any data on cannabis production shall be included county in a report compiled pursuant to subdivision (a), as an addendum to the report.
(2) Data on cannabis production that is included in a report pursuant to paragraph (1) may be organized by categories including, but not limited to, the following:
(A) State cultivator license type, as set forth in Chapter 5 (commencing with Section 26050) of Division 10 of the Business and Professions Code, and regulations adopted pursuant to that chapter.
(B) Local license, permit, or other authorization type, as described in Section 26200 of the Business and Professions Code.
(C) Price tier, including for different strains of cannabis, different production methods, or different parts of a plant, such as flowers or leaves.
(3) If cannabis is included in a report pursuant to this subdivision, the commissioner may not seek reimbursement for expenses incurred for its inclusion from either of the following sources:
(A) The Department of Food and Agriculture Fund.
(B) Funding that may otherwise be available for the purposes of this subdivision from a cooperative agreement entered into pursuant to Section 2222.