BILL ANALYSIS Ó AB 1300 Page 1 ASSEMBLY THIRD READING AB 1300 (Blumenfield) As Amended April 27, 2011 Majority vote PUBLIC SAFETY 4-2 HEALTH 11-5 ----------------------------------------------------------------- |Ayes:|Ammiano, Cedillo, Hill, |Ayes:|Monning, Atkins, Bonilla, | | |Skinner | |Eng, Gordon, Hayashi, | | | | |Roger Hernández, Bonnie | | | | |Lowenthal, Mitchell, Pan, | | | | |Williams | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Knight, Hagman |Nays:|Logue, Garrick, Nestande, | | | | |Silva, Smyth | ----------------------------------------------------------------- SUMMARY : Defines "marijuana cooperative or collective" and allows local governments to regulate marijuana cooperatives and collectives. Specifically, this bill : 1)Defines a "marijuana cooperative or collective" as a location where qualified patients, persons with valid identification cards, or the designated primary caregiver of qualified patients or persons with identification cards associate within this state in order to collectively or cooperatively cultivate or dispense marijuana for medical purposes to persons authorized to possess medical marijuana, as specified. 2)Allows cities or other local governing bodies to adopt and enforce local ordinances that regulate the location, operation or establishment of a medical marijuana cooperative or collective; or from the civil or criminal enforcement of those local ordinances; and, to enact other laws consistent with the Medical Marijuana Program (MMP), as specified. EXISTING LAW : 1)States the people of the State of California hereby finds and declares that the purposes of the Compassionate Use Act of 1996 are as follows: AB 1300 Page 2 a) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief; b) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction; and, c) To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana. 2)Provides that nothing in this law shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes. 3)States notwithstanding any other provision of law, no physician in California shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes. 4)States existing law, relating to the possession of marijuana and the cultivation of marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. 5)Provides that 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, shall not solely on the basis of that fact be subject to state criminal sanctions under existing law. AB 1300 Page 3 6)Prohibits any medical marijuana cooperative, collective, dispensary, operator, establishment, or provider who possess, cultivates, or distributes medical marijuana, as specified, from being located within 600 feet of a school. FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : According to the author, "AB 1300 clarifies California's medical marijuana laws to protect the right of communities to regulate dispensaries in a manner consistent with the intent of the voters who authorized the use of marijuana for medical purposes." Please see the policy committee for a full discussion of this bill. Analysis Prepared by : Milena Nelson / PUB. S. / (916) 319-3744 FN: 0000497