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