Amended in Assembly February 14, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1588


Introduced by Assembly Member Conway

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(Coauthors: Assembly Members Bonilla and Patterson)

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February 3, 2014


An act to amend Sections 11358 and 11362.768 of the Health and Safety Code, relating to marijuana.

LEGISLATIVE COUNSEL’S DIGEST

AB 1588, as amended, Conway. Marijuana.

Proposition 215, the Compassionate Use Act of 1996, an initiative measure enacted by the voters 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 prohibits a medical marijuana dispensary or provider that has a storefront or mobile retail outlet that ordinarily requires a local business license from being located within a 600-foot radius of a school. A violation of these provisions is a misdemeanor.

This bill would increase that radius to 1,000 feet. By expanding the scope of a crime, this bill would impose a state-mandated local program.

Existing law also provides that every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, is guilty of a felony punishable by imprisonment in a county jail for 16 months, or 2 or 3 years.

This bill would impose the additional punishment of abegin delete $500end delete finebegin insert of not less than $500 and not more than $10,000end insert on every person who violates that provision within a 1,000-foot radius of a school, as defined.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 11358 of the Health and Safety Code is
2amended to read:

3

11358.  

(a) Every person who plants, cultivates, harvests, dries,
4or processes any marijuana or any part thereof, except as otherwise
5provided by law, shall be punished by imprisonment pursuant to
6subdivision (h) of Section 1170 of the Penal Code.

7(b) In addition to the punishment described in subdivision (a),
8every person who violates subdivision (a) within a 1,000-foot
9radius of a school shall also be punished by a fine ofbegin insert not less thanend insert
10 five hundred dollars ($500)begin insert and not more than ten thousand dollars
11($10,000)end insert
. For the purposes of this section, “school” means any
12public or private school providing instruction in kindergarten or
13grades 1 to 12, inclusive, but does not include any private school
14in which education is primarily conducted in private homes.

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SEC. 2.  

Section 11362.768 of the Health and Safety Code is
16amended to read:

17

11362.768.  

(a) This section shall apply to individuals specified
18in subdivision (b) of Section 11362.765.

19(b) No medical marijuana cooperative, collective, dispensary,
20operator, establishment, or provider who possesses, cultivates, or
21distributes medical marijuana pursuant to this article shall be
22located within a 1,000-foot radius of a school.

23(c) The distance specified in this section shall be the horizontal
24distance measured in a straight line from the property line of the
25school to the closest property line of the lot on which the medical
26marijuana cooperative, collective, dispensary, operator,
P3    1establishment, or provider is to be located without regard to
2intervening structures.

3(d) This section shall not apply to a medical marijuana
4cooperative, collective, dispensary, operator, establishment, or
5provider that is also a licensed residential medical or elder care
6facility.

7(e) This section shall apply only to a medical marijuana
8cooperative, collective, dispensary, operator, establishment, or
9provider that is authorized by law to possess, cultivate, or distribute
10medical marijuana and that has a storefront or mobile retail outlet
11which ordinarily requires a local business license.

12(f) Nothing in this section shall prohibit a city, county, or city
13and county from adopting ordinances or policies that further restrict
14the location or establishment of a medical marijuana cooperative,
15collective, dispensary, operator, establishment, or provider.

16(g) Nothing in this section shall preempt local ordinances,
17adopted prior to January 1, 2015, that regulate the location or
18establishment of a medical marijuana cooperative, collective,
19dispensary, operator, establishment, or provider.

20(h) For the purposes of this section, “school” means any public
21or private school providing instruction in kindergarten or grades
221 to 12, inclusive, but does not include any private school in which
23education is primarily conducted in private homes.

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SEC. 3.  

No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California
32Constitution.



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