BILL NUMBER: AB 1300	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Blumenfield

                        FEBRUARY 18, 2011

   An act to amend Section 11362.768 of the Health and Safety Code,
relating to medical marijuana.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1300, as introduced, Blumenfield. Medical marijuana.
   Existing law prohibits a medical marijuana cooperative,
collective, dispensary, operator, establishment, or provider
authorized by law to possess, cultivate, or distribute medical
marijuana that has a storefront or mobile retail outlet which
ordinarily requires a local business license from being located
within a 600-foot radius of any public or private school providing
instruction in kindergarten or grades 1 to 12, inclusive, except as
specified. Existing law provides that nothing in these provisions
prohibits a city, county, or city and county from adopting ordinances
that further restrict the location or establishment of these medical
marijuana establishments.
   This bill would make a technical, nonsubstantive change to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11362.768 of the Health and Safety Code is
amended to read:
   11362.768.  (a) This section shall apply to individuals specified
in subdivision (b) of Section 11362.765.
   (b) No medical marijuana cooperative, collective, dispensary,
operator, establishment, or provider who possesses, cultivates, or
distributes medical marijuana pursuant to this article shall be
located within a 600-foot radius of a school.
   (c) The distance specified in this section shall be the horizontal
distance measured in a straight line from the property line of the
school to the closest property line of the lot on which the medical
marijuana cooperative, collective, dispensary, operator,
establishment, or provider is to be located without regard to
intervening structures.
   (d) This section shall not apply to a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider that is also a licensed residential medical or elder care
facility.
   (e) This section shall apply only to a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider that is authorized by law to possess, cultivate, or
distribute medical marijuana and that has a storefront or mobile
retail outlet  which   that  ordinarily
requires a local business license.
   (f) Nothing in this section shall prohibit a city, county, or city
and county from adopting ordinances or policies that further
restrict the location or establishment of a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider.
   (g) Nothing in this section shall preempt local ordinances,
adopted prior to January 1, 2011, that regulate the location or
establishment of a medical marijuana cooperative, collective,
dispensary, operator, establishment, or provider.
   (h) For the purposes of this section, "school" means any public or
private school providing instruction in kindergarten or grades 1 to
12, inclusive, but does not include any private school in which
education is primarily conducted in private homes.