BILL NUMBER: AB 243 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 2015
AMENDED IN ASSEMBLY APRIL 22, 2015
AMENDED IN ASSEMBLY APRIL 8, 2015
INTRODUCED BY Assembly Member Wood
FEBRUARY 5, 2015
An act to add Sections 11362.769 and 11362.777 to the Health and
Safety Code, and to add Section 13276 to the Water Code, relating to
medical marijuana.
LEGISLATIVE COUNSEL'S DIGEST
AB 243, as amended, Wood. Medical marijuana cultivation.
(1) Existing law, the Compassionate Use Act of 1996, an initiative
measure enacted by the approval of Proposition 215 at the November
5, 1996, statewide general election, authorizes the use and
cultivation of marijuana for medical purposes. Existing law makes it
a crime to plant, cultivate, harvest, dry, or process marijuana,
except as otherwise authorized by law. Under existing law, qualified
patients, persons with valid identification cards, and the designated
primary caregivers of qualified patients and persons with
identification cards, who associate in order collectively and
cooperatively to cultivate marijuana for medical purposes, are not
subject to criminal sanctions solely on the basis of that fact.
This bill would generally require all persons who cultivate
marijuana for medical purposes, except those cultivating for personal
use, as specified, to obtain a permit to cultivate marijuana from
the county, city, city and county, or from a state agency to be
designated by the Governor if the county, city, or city and county
chooses not to be the responsible entity for these purposes. The bill
would allow the county, city, city and county, or state agency to
charge a fee in an amount sufficient to cover the reasonable cost of
issuing the permits and carrying out the program. The bill would
prohibit marijuana from being cultivated within 100 feet of an
occupied legal residential home or school if grown outdoors, or
within 100 feet of a school if grown at a residence. The bill would
require the county, city, city and county, or designated state agency
to issue zip ties establish a program
for the identification of permitted marijuana plants and
would allow the county, city, city and county, or state agency to
issue a unique identifier and charge a fee to cover the
reasonable costs of issuing the zip ties
unique identifier , monitoring, tracking, and inspecting the
plants, and for enforcing specified requirements. The bill would
require a copy of a current and valid state-issued medical marijuana
ID card or physician recommendation to be displayed at all
cultivation sites. The bill would allow a county, city, city and
county, or designated state agency to revoke or suspend a permit,
deny the reissuance of a permit, or impose fines, for a violation of
these requirements, or abate a violation as a nuisance. The bill
would not apply to a county, city, or city and county that has an
existing ordinance pertaining to cultivation of marijuana.
The bill would also require indoor and outdoor medical marijuana
cultivation to be conducted in accordance with state and local laws
and best practices related to land conversion, grading, electricity
usage, water usage, water quality, woodland and riparian habitat
protection, agricultural discharges, and similar matters. This bill
would require state agencies to address environmental impacts of
medical marijuana cultivation and coordinate, when appropriate, with
cities and counties and their law enforcement agencies in enforcement
efforts.
The bill would state the intent of the Legislature that 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, continue their
enforcement efforts on a statewide level and permanent status.
(2) Under existing law, the Porter-Cologne Water Quality Control
Act, the State Water Resources Control Board and the California
regional water quality control boards are the principal state
agencies with responsibility for the coordination and control of
water quality in the state.
This bill would require each regional board, and would allow the
state board, to address discharges of waste resulting from medical
marijuana cultivation and associated activities.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature that 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 from marijuana cultivation on public and private
lands in California, will continue their enforcement efforts on a
statewide level and permanent status to ensure the reduction of the
adverse impacts of marijuana cultivation on water quality and fish
and wildlife throughout the state.
SEC. 2. Section 11362.769 is added to the Health and Safety Code,
to read:
11362.769. Indoor and outdoor medical marijuana cultivation shall
be conducted in accordance with state and local laws and best
practices 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 cultivation and
shall coordinate, when appropriate, with cities and counties and
their law enforcement agencies in enforcement efforts.
SEC. 3. Section 11362.777 is added to the Health and Safety Code,
to read:
11362.777. (a) A county, city, or city and county may choose not
to be the responsible entity for purposes of implementing this
section. No later than July 1, 2016, a county, city, or city and
county shall adopt an ordinance to implement this section, or shall,
by resolution, opt out of the requirements of this section. The
Governor shall designate an appropriate state agency to implement
this section in each county, city, or city and county that adopts a
resolution to opt out of the requirements of this section. For
purposes of this section, "designated state agency" means the state
agency designated by the Governor to implement this program in a
county, city, or city and county that has chosen not to be
responsible for implementing the requirements of this section.
(b) Except as provided in subdivision (d), all qualified patients
and designated primary caregivers cultivating marijuana pursuant to
Section 11362.5, and all 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 marijuana for medical purposes, are
subject to all of the following:
(1) Each patient, primary caregiver, collective, or cooperative
that cultivates marijuana shall obtain a permit to cultivate
marijuana from the sheriff, chief of police, or other entity
designated by the county, city, city and county, or from the
designated state agency. Each permit shall specify the location being
permitted and the number of plants that may be grown at that
location. The county, city, city and county, or the designated state
agency may charge a fee in an amount sufficient to cover the
reasonable cost of issuing the permit and carrying out the
requirements of this section. The permits authorized by this section
shall be renewed annually.
(2) Each county, city, or city and county shall establish the
number of plants that may be cultivated on an outdoor parcel or at an
indoor facility. Except for cultivation at a residential home
pursuant to paragraph (5), cultivation shall only be permitted in
areas that are zoned specifically for the cultivation of marijuana.
In a county, city, or city and county where the requirements of this
section are being implemented by the designated state agency, the
maximum number of plants that may be cultivated at any given site
shall not exceed 99 plants. The county, city, city and county, or
designated state entity may set a maximum limit on the square footage
that may be cultivated at a single location.
(3) Marijuana cultivated outdoors shall not be cultivated within
100 feet of any occupied legal residential home or within 100 feet of
a school offering kindergarten and grades 1 to 12, inclusive,
education. A county, city, or city and county may increase this
distance, not to exceed one mile. All outdoor cultivation sites shall
be within a secure fence that is not less than six feet in height
and that fully encloses the cultivation area. All marijuana
cultivated outdoors shall be out of the public's view. Use of light
assistance for outdoor cultivation shall not exceed a maximum of
1,200 watts of lighting capacity per 100 square feet of cultivated
area.
(4) Indoor cultivation of marijuana shall not occur within 100
feet of a school offering kindergarten and grades 1 to 12, inclusive,
education.
(5) Marijuana cultivated at a residential home shall not exceed
the number of plants per home established by the county, city, or
city and county. In a county, city, or city and county where the
requirements of this section are being implemented by the designated
state agency, the maximum number of plants that may be cultivated at
a residential home shall not exceed six plants unless the county,
city, or city and county adopts an ordinance permitting a higher
number. Cultivation of marijuana that exceeds the six plants or the
number of plants per home established by the county, city, or city
and county shall be conducted in areas specifically zoned for the
cultivation of marijuana. Cultivation of marijuana at a residential
home shall not occur within 100 feet of a school offering
kindergarten and grades 1 to 12, inclusive, education. A county,
city, or city and county may increase this distance, not to exceed
one mile.
(6) All buildings where marijuana is cultivated or stored shall be
properly secured to prevent unauthorized entry.
(7) A county, city, city and county, or the designated state
agency shall issue zip ties establish a
program for the identification of permitted medical
marijuana plants at a cultivation site during the cultivation
period . A county, city, or city and county may designate the
sheriff or chief of police to issue the zip ties. Zip ties
a unique identifier, such as, but not limited to, a zip
tie. The unique identifier shall be attached at the base of
each plant. The county, city, city and county, or designated state
agency may charge a fee to cover the reasonable costs of issuing the
zip ties unique identifier ,
monitoring, tracking, and inspecting the plants, and for enforcing
the requirements of Section 11362.769.
(8) A copy of a current and valid state-issued medical marijuana
ID card or physician recommendation shall be displayed at all
cultivation sites in a manner that allows law enforcement officers to
see the card or recommendation without entering a building or fenced
area.
(c) A county, city, city and county, or the designated state
agency may revoke or suspend a permit, deny the reissuance of a
permit, or impose fines for a violation of this section. A county may
also abate a violation of this section through the abatement process
established by Section 25845 of the Government Code and a city may
declare what constitutes a nuisance by ordinance pursuant to Section
38771 of the Government Code. The county, city, or city and county
may set maximum noise levels specifically related to the cultivation
of marijuana.
(d) This section does not apply to a qualified patient cultivating
marijuana pursuant to Section 11362.5 if he or she cultivates
marijuana for his or her personal medical use and does not sell,
distribute, donate, or provide marijuana to any other person or
entity. This section does not apply to a primary caregiver
cultivating marijuana pursuant to Section 11362.5 if he or she
cultivates marijuana 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 who does
not receive remuneration for these activities, except for
compensation provided in full compliance with subdivision (c) of
Section 11362.765. This section does not preclude a county, city, or
city and county from regulating or banning the cultivation,
possession, storage, manufacture, transport, provision, distribution,
donation, or sale of marijuana, or any other activity, by a person
specified in this subdivision, or impair the enforcement of the same.
(e) This section does not apply to a county, city, or city and
county that has an existing ordinance pertaining to the cultivation
of marijuana, unless the county, city, or city and county adopts an
ordinance to participate in the provisions of this section.
(f) A county, city, or city and county that opts out of the
requirements of this section pursuant to subdivision (a) may adopt an
ordinance to participate in the provisions of this section at a
later date, in which case the designated state agency shall cooperate
with that local jurisdiction to phase out the designated state
agency's operation of the program.
SEC. 4. Section 13276 is added to the Water Code, to read:
13276. Each regional board shall, and the State Water Resources
Control Board may, address discharges of waste resulting from medical
marijuana 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:
(a) Site development and maintenance, erosion control, and
drainage features.
(b) Stream crossing installation and maintenance.
(c) Riparian and wetland protection and management.
(d) Soil disposal.
(e) Water storage and use.
(f) Irrigation runoff.
(g) Fertilizers and soil.
(h) Pesticides and herbicides.
(i) Petroleum products and other chemicals.
(j) Cultivation-related waste.
(k) Refuse and human waste.
(l) Cleanup, restoration, and mitigation.