BILL NUMBER: SB 847 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 25, 2011
INTRODUCED BY Senator Correa
FEBRUARY 18, 2011
An act to add Division 8.9 (commencing with Section
22992.10) to the Business and Professions Code, relating to cannabis,
and making an appropriation therefor. An act to amend
Section 11362.768 of the Health an d Safety Code,
relating to medical marijuana.
LEGISLATIVE COUNSEL'S DIGEST
SB 847, as amended, Correa. Medical Cannabis Licensing
Act. Marijuana Program: zoning restrictions:
residential use.
Existing law, the Compassionate Use Act of 1996, an initiative
measure, prohibits prosecution, pursuant to provisions of law
relating to the possession or cultivation of marijuana, of a patient
or 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.
Existing law, the Medical Marijuana Program, requires the State
Department of Public Health to establish a voluntary program for the
issuance of identification cards to patients and primary caregivers
under the Compassionate Use Act and grants immunity from arrest for
violation of proscribed provisions relating to the cultivation,
possession, transportation, and sale of marijuana, if conditions of
the act are met.
The Medical Marijuana Program prohibits a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider from being located within a 600-foot radius of a school.
This bill would, also, prohibit a marijuana cooperative,
collective, dispensary, operator, establishment, or provider from
being located within 600-foot radius of a residential zone or
residential use. By changing the definition of an existing crime,
this bill would impose a state-mandated local program.
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 no reimbursement is required by this
act for a specified reason.
This bill would establish the Medical Cannabis Licensing Act, to
require a producer, distributor, or seller to be licensed by the
State Department of Public Health to engage in the production,
distribution, or sale of medical marijuana, and would require the
license to be renewed every 12 months. This bill would require an
applicant for a license to provide specified information. This bill
would require establishment of an indicia program, to be administered
by the State Board of Equalization, to require traceable, secure
indicia of licensure to be placed on medical marijuana, would require
establishment of a product testing program and a facilities
inspection program administered by the department, and would
authorize assessment of related fees.
This bill would require all moneys collected to be deposited in
the Medical Cannabis Licensing Fund, which would be created in the
State Treasury, and would, except for moneys derived from penalties,
continuously appropriate moneys in the fund solely for the purpose of
implementing, enforcing, and administering the licensing program.
Vote: majority. Appropriation: yes no
. Fiscal committee: yes. State-mandated local program:
no yes .
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 , residential zone,
or residential use .
(c) The distance specified in this section shall be the horizontal
distance measured in a straight line from the property line of the
school , residential zone, or residential use,
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 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.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution. All matter omitted in this version of
the bill appears in the bill as introduced in the Senate, February
18, 2011. (JR11)