BILL NUMBER: AB 266 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 1, 2015
AMENDED IN SENATE AUGUST 17, 2015
AMENDED IN SENATE JULY 13, 2015
AMENDED IN SENATE JUNE 30, 2015
AMENDED IN ASSEMBLY JUNE 2, 2015
AMENDED IN ASSEMBLY MAY 11, 2015
AMENDED IN ASSEMBLY MAY 5, 2015
AMENDED IN ASSEMBLY APRIL 14, 2015
INTRODUCED BY Assembly Members Bonta, Cooley, Jones-Sawyer, and
Lackey
(Coauthor: Assembly Member Chiu)
FEBRUARY 10, 2015
An act to amend Section 2220.05 of, to add Article 25
(commencing with Section 2525) to Chapter 5 of Division 2 of, and to
add Chapter 3.5 (commencing with Section 19300) to Division 8 of, the
Business and Professions Code, to amend Section 11552 of the
Government Code, to amend and repeal Section 11362.775 of the Health
and Safety Code, to add Sections 147.5 and 3094 to the Labor Code,
and to add Section 2402.5 to the Vehicle Code, relating to
medical cannabis.
LEGISLATIVE COUNSEL'S DIGEST
AB 266, as amended, Bonta. Medical cannabis.
(1) Existing law, the
Compassionate Use Act of 1996, an initiative measure enacted by the
approval of Proposition 215 at the November 6, 1996, statewide
general election, authorizes the use of marijuana for medical
purposes. Existing law enacted by the Legislature requires the
establishment of a program for the issuance of identification cards
to qualified patients so that they may lawfully use marijuana for
medical purposes, and requires the establishment of guidelines for
the lawful cultivation of marijuana grown for medical use. Existing
law provides for the licensure of various professions by the
Department of Consumer Affairs. Existing law, the Sherman Food, Drug,
and Cosmetic Law, provides for the regulation of food, drugs,
devices, and cosmetics, as specified. A violation of that law is a
crime.
This bill, contingent on the enactment of SB 643, would state the
intent of the Legislature to enact legislation that would enact a
comprehensive regulatory framework for medical marijuana in the
state.
This bill would enact the Medical Cannabis Regulation and Control
Act and would establish within the office of the Governor, the
Governor's Office of Medical Cannabis Regulation to coordinate and
provide oversight of the licensing and regulation of various
commercial cannabis activities, as defined. The bill would establish
the Division of Medical Cannabis Regulation within the State Board of
Equalization, for the licensure and regulation of medical cannabis
dispensaries and transporters. The bill would establish the Division
of Medical Cannabis Manufacturing and Testing within the State
Department of Public Health for the licensing and regulation of
medical cannabis manufacturers and certified testing laboratories.
The bill would also require the Division of Medical Cannabis
Manufacturing and Testing to set specified standards for edible
cannabis products. The bill would also establish the Division of
Medical Cannabis Cultivation within the Department of Food and
Agriculture for the licensure and regulation of medical cannabis
cultivators. The bill would set forth the duties of these various
divisions. The bill would require the office, by April 1, 2016, to
convene a task force to advise the office on the development of
standards for the regulation of medical cannabis.
This bill would provide for the enforcement of the provisions of
the act and of local ordinances relating to medical cannabis by the
state and local governments and would require the office, by January
1, 2017, to develop an enforcement framework that clarifies the
enforcement roles of the state and local governments. The bill would
specify that it does not supersede the provisions of Measure D,
approved by the voters of the City of Los Angeles on the May 21,
2013, ballot and would require the State Board of Equalization to
enter into a memorandum of understanding with the City of Los Angeles
to establish specified protocols, including tracking medical
cannabis to and from the City of Los Angeles. The bill would exempt
facilities engaged in commercial cannabis activity within the City of
Los Angeles from the licensing requirements and would give the city
full power and authority to enforce prescribed standards and
regulations.
This bill would require, before a business granted a state license
commences operation, that the business also obtain a license or
permit from the local jurisdiction and would authorize the local
jurisdiction to regulate commercial cannabis activity in specified
ways. The bill would provide for provisional licensure to engage in
commercial cannabis activity, as specified, until the state license
application is either granted or denied or until July 1, 2017.
This bill would, by January 1, 2017, require the Division of Labor
Standards and Enforcement to develop a certification program for
cannabis employees. The bill would require, by January 1, 2019, that
all persons who perform work as cannabis employees be certified or
participating in an apprenticeship program, as provided.
This bill would establish the Medical Cannabis Regulation Fund and
various accounts within that fund for the collection of fines and
fees imposed on the licensees conducting commercial cannabis
activities.
(2) Existing law establishes the Division of Apprenticeship
Standards, which audits and regulates apprenticeship programs for
various trades, including electricians.
This bill would require the division to investigate, approve, or
reject applications for apprenticeship employees of a licensed
cultivation site or a licensed dispensing facility, as defined.
(3) Existing law, the Medical Practice Act, provides for the
licensure and regulation of physicians and surgeons by the Medical
Board of California. Existing law requires the board to prioritize
investigations and prosecutions of physicians and surgeons
representing the greatest threat of harm, as specified. Existing law
identifies the cases that are to be given priority, which include
cases of repeated acts of excessively prescribing, furnishing, or
administering controlled substances without a good faith prior
examination of the patient. Existing law sets forth the conduct that
would constitute unprofessional conduct for a physician and surgeon,
including, but not limited to, prescribing certain drugs without an
appropriate examination or medical indication. Existing law provides
that a violation of the Medical Practice Act is a crime.
This bill would require the board to consult with the Center for
Medicinal Cannabis Research on developing and adopting medical
guidelines for the appropriate administration and use of marijuana.
The bill would also make it a misdemeanor for a physician and
surgeon who recommends marijuana to a patient for a medical purpose
to accept, solicit, or offer any remuneration from or to a licensed
dispensing facility in which the physician and surgeon or his or her
immediate family has a financial interest. By creating a new crime,
the bill would impose a state-mandated local program.
This bill would specify that recommending marijuana to patients
without an appropriate prior examination and a medical indication is
unprofessional conduct. The bill would provide that specified acts of
recommending marijuana for medical purposes without a good faith
examination are among the types of cases that should be given
priority for investigation and prosecution by the board, as described
above. The bill would further prohibit a physician and surgeon from
recommending medical marijuana to a patient unless that person is the
patient's attending physician, as defined. Because a violation of
that provision would be a crime, the bill would impose a
state-mandated local program.
(4) Existing law exempts qualified patients, persons with valid
identification cards, and the designated primary caregivers of
qualified patients and persons with identification cards from certain
crimes, including possession of concentrated cannabis and marijuana,
cultivation of marijuana, and possession of marijuana for sale.
This bill, commencing 180 days after the Governor's Office of
Medical Cannabis Regulation posts a notice on its Internet Web site
that the licensing authorities have commenced issuing provisional
licenses, would repeal those provisions.
(5) Existing law authorizes the legislative body of a city or
county to impose various taxes, including a transactions and use tax
at a rate of 0.25%, or a multiple thereof, if approved by the
required vote of the legislative body and the required vote of
qualified voters, and limits the combined rate of transactions and
use taxes within a city or county to 2%.
This bill would authorize a county to impose a tax on the
privilege of cultivating, dispensing, producing, processing,
preparing, storing, providing, donating, selling, or distributing
medical cannabis or medical cannabis products. The bill would
authorize the tax to be imposed for either general or specific
governmental purposes. The bill would require a tax imposed pursuant
to this authority to be subject to any applicable voter approval
requirement.
(6) Existing law establishes the Department of Motor Vehicles and
the Department of the California Highway Patrol. Existing law also
prohibits and establishes standards for driving under the influence
of alcohol.
This bill would require the Department of Motor Vehicles, in
consultation with the Department of the California Highway Patrol, to
prepare and submit a report that identifies best practices for the
identification, detection, and apprehension of drivers operating a
vehicle unsafely due to medical cannabis impairment.
(7) Existing law regulates the labor practices of agricultural
employers. Existing law establishes the Occupational Safety and
Health Standards Board within the Department of Industrial Relations
to adopt, amend, and repeal occupational safety and health standards
and establishes the Division of Occupational Safety and Health to
enforce those standards.
This bill would include licensed cultivation sites in the
definition of agricultural employer. The bill would require the
division to convene an advisory committee to evaluate whether there
is a need to develop industry-specific regulations relating to
facilities issued a conditional license.
(8) This bill would provide that its provisions are severable.
(9) Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
(10) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to
enact legislation that would enact a comprehensive regulatory
framework for medical marijuana in the state.
SEC. 2. This measure shall become operative only
if Senate Bill 643 of the 2015-16 Regular Session is enacted and
becomes operative. All matter omitted in this version of the
bill appears in the bill as amended in the Senate, August 17, 2015.
(JR11)