Bill Text: CA SB1459 | 2017-2018 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Cannabis: provisional license.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2018-09-27 - Chaptered by Secretary of State. Chapter 857, Statutes of 2018. [SB1459 Detail]
Download: California-2017-SB1459-Amended.html
MAJORITY2/3
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
NOYES
Section 2279 of the Food and Agricultural Code is amended to read:
Bill Title: Cannabis: provisional license.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2018-09-27 - Chaptered by Secretary of State. Chapter 857, Statutes of 2018. [SB1459 Detail]
Download: California-2017-SB1459-Amended.html
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Amended
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Assembly
August 24, 2018 |
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Amended
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Assembly
July 03, 2018 |
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Amended
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Senate
April 23, 2018 |
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Amended
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Senate
April 12, 2018 |
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Amended
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Senate
April 09, 2018 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Senate Bill | No. 1459 |
| Introduced by Senator Cannella ( ( |
February 16, 2018 |
An act to add and repeal Section 26050.2 of the Business and Professions Code, and to amend Section 2279 of the Food and Agricultural Code, relating to cannabis cultivation. cultivation, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1459, as amended, Cannella.
Cannabis cultivation: county agricultural commissioners: reporting. reporting: provisional annual license.
The Control, Regulate and Tax Adult Use of Marijuana Act (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 a county agricultural commissioner may include cannabis produced in the 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.
Existing law requires the issuance of MAUCRSA licenses to be valid for 12 months
from the date of issuance and authorizes the license to be renewed annually. MAUCRSA prohibits a licensing authority from approving an application for a state license if approval of the state license will violate the provisions of certain local ordinances or regulations. MAUCRSA, until January 1, 2019, authorizes a state licensing authority to issue a temporary license if the applicant submits, among other things, a copy of a specified authorization issued by a local jurisdiction. MAUCRSA requires the temporary license to be valid for a period of 120 days and authorizes the temporary license to be extended for additional 90-day period at the discretion of the licensing authority.
This bill, until January 1, 2020, would authorize a holder of a temporary license for cultivation to apply for a provisional annual license if specified conditions are met, including
attesting to submitting a complete application for a license, permit, or other authorization issued by the local jurisdiction. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The bill would require the provisional annual license to be valid for 12 months and require the fees to be equal to the fees for a nonprovisional license of the same classification. The bill would require a holder of a provisional annual license to participate in the track and trace program in the same manner as the holder of a nonprovisional license. This bill would exempt the issuance of a provisional annual license from the California Environmental Quality Act.
The Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure, authorizes the Legislature to amend the act to further the purposes and intent of the act
with a 2/3 vote of the membership of both houses of the Legislature.
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.
This bill would declare that its provisions further specified purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
This bill would declare that it is to take effect immediately as an urgency
statute.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 26050.2 is added to the Business and Professions Code, to read:26050.2.
(a) A holder of a temporary license for cultivation may apply for a provisional annual license if the following conditions are met:(1) The applicant attests to submitting a complete application for a license, permit, or other authorization, issued by the local jurisdiction.
(2) If the licensee is required to obtain any certificate, permit, license, or lake or streambed alteration agreement issued by the State Water Resources Control Board, a regional water quality control board, or the Department of Fish and Wildlife, the licensee shall provide evidence that the certificate, permit, license, or lake or streambed alteration agreement has been obtained, or that a complete
application has been submitted to, and is pending with, the appropriate state agency.
(3) The applicant meets all other licensure requirements for the applicable license classification.
(4) The governing body of the location jurisdiction in which the applicant would operate has made, by resolution, a finding that the local jurisdiction lacks the adequate resources to process all submitted cultivation license applications prior to January 1, 2019.
(b) A provisional annual license shall be valid for 12 months. The application and licensing fees for a provisional annual license shall be equal to the fees for a nonprovisional license of the same classification.
(c) A holder of a provisional annual license shall participate in the track and trace program
established pursuant to Section 26067 in the same manner as the holder of a nonprovisional license.
(d) Issuance of a provisional annual license under this section shall not be subject to Division 13 (commencing with Section 21000) of the Public Resources Code.
(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
SECTION 1.SEC. 2.
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) The commissioner may include cannabis produced in the
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.
SEC. 3.
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. 4.
The Legislature finds and declares that Section 1 of this act adding Section 26050.2 to the Business and Professions Code furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act of 2016.SEC. 5.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:The significant number of cultivation license applications pending with local authorities that do not have adequate resources to process these applications before the applicants’ temporary licenses expire on January 1, 2019, threatens to create a major disruption in the commercial cannabis marketplace.
