BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 439|
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THIRD READING
Bill No: SB 439
Author: Steinberg (D) and Leno (D)
Amended: 4/1/13
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 4/30/13
AYES: Hancock, Block, De León, Liu, Steinberg
NOES: Anderson, Knight
SUBJECT : Medical marijuana
SOURCE : Author
DIGEST : This bill provides that a cooperative, collective or
other business entity that operates within the Attorney
General's "Guidelines for the Security and Non-Diversion of
Marijuana Grown for Medical Use" (guidelines) will not be
subject to prosecution for marijuana possession or commerce, as
specified.
ANALYSIS :
Existing law:
1.The Compassionate Use Act of 1996, includes the following
purposes:
A. To ensure that seriously ill Californians have the right
to obtain and use marijuana for medical purposes where such
use is deemed appropriate and has been recommended by a
CONTINUED
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physician for 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 primary caregivers who
obtain and use marijuana for medical purposes upon the
recommendation of a physician are not subject to criminal
prosecution.
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.
1.The Compassionate Use Act of 1996, also provides:
A. The act shall not 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.
B. No physician in California shall be punished or denied
any right or privilege for recommending medical marijuana
to a patient.
C. Penal laws 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.
1.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.
2.Directs the Attorney General to develop and adopt appropriate
guidelines to ensure the security and nondiversion of medical
marijuana. Section IV of the guidelines concern collectives
and cooperatives.
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3.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. There are
specified exceptions for medical or elder care facilities,
local ordinances adopted prior to enactment of the state
standard and for later adopted ordinances that are more
restrictive than state law.
4.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, as follows:
A. A local government entity may enforce a medical
marijuana ordinance through civil or criminal remedies and
actions.
B. A local government entity may enact other laws
consistent with the Medical Marijuana Program, as
specified.
This bill provides that for any medical marijuana collective,
cooperative, or other business entities that comply with medical
marijuana guidelines published by the Attorney General, the
following shall apply:
1.The cooperative, collective or businesses entity, and the
employees, officers and members thereof shall be exempt from
criminal prosecution and nuisance abatement actions, as
specified.
2.The fact that a cooperative, collective or businesses entity,
including an employee, officer or member thereof, receives
compensation for actual expenses for activities carried out
within the guidelines published by the Attorney General shall
not be subject to prosecution under Health and Safety Code
Sections 11359 and 11360, relating to possessing, transporting
or furnishing marijuana.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
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SUPPORT : (Verified 5/3/13)
American Civil Liberties Union
California Attorneys for Criminal Justice
California Norml
Drug Policy Alliance
Marijuana Policy Project
Mayor of Sacramento
Mayor of San Diego
OPPOSITION : (Verified 5/3/13)
California Narcotics Officers' Association
California Police Chiefs Association
International Faith Based Coalition
ARGUMENTS IN SUPPORT : According to the author:
The legality of medical marijuana collectives,
cooperatives, and other related business entities is
ambiguous under current state law, resulting in needless
arrests and prosecutions. Local governments have banned
collectives and cooperatives, rather than adopting
reasonable regulations to protect public safety, prevent
neighborhood nuisances, and provide for safe access for
qualified patients and their primary caregivers.
Senate Bill 493 clarifies the legality of medical marijuana
collectives, cooperatives, and other business entities that
are organized and operated in compliance with the 2008
Attorney General "Guidelines for the Security and
Non-Diversion of Marijuana Grown for Medical Use."
Specifically, the bill provides that a cooperative,
collective or other entity that operates within the
Attorney General's guidelines shall not be subject to
prosecution for marijuana possession or commerce. Further,
the entity and its employees, officers and members shall
not be subject to prosecution because the entity or its
employees, officers, or members received compensation for
actual expenses incurred in carrying out activities in
compliance with the guidelines.
SB 439 provides a focused solution that clarifies state
law. This simple fix is compatible with, and may be
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enacted independently of, any other legislation that may
provide a more comprehensive solution to state medical
marijuana issues. While it is beyond our reach to resolve
the conflict between federal and state law, we are still
responsible for resolving existing ambiguities in state law
that are within our power to fix.
ARGUMENTS IN OPPOSITION : The California Narcotic Officers
Association and the California Police Chiefs Association state
that this bill "will expand the distribution of what is
classified under Proposition 215 as medical marijuana in
California. Proposition 215 is very clear that marijuana may be
cultivated or provided by qualified patients, or by caregivers.
Proposition 215 did not authorize cultivation or distribution of
marijuana by any other entities.
"Senate Bill 439 dramatically changes that state of affairs by
evidently permitting 'collectives, or cooperatives,' which SB
439 permits to be 'organized as any statutory business entity
permitted under California law' to engage in cultivation or
distribution of so-called medical marijuana. The broad
reference in Senate Bill 439 to 'any statutory business entity'
carries with it the implication that medical marijuana may be
cultivated and distributed for profit. This is a major
expansion of Proposition 215 that is inconsistent with that
original measure. In addition, state legislation permitting the
sale of marijuana is in direct violation of federal law.
"The public safety consequences of permitting entire new classes
of businesses to engage in medical marijuana sales - for profit
- are serious. Currently medical marijuana dispensaries are a
blight on neighborhoods and have been magnets for criminal
activity. Law enforcement, with the assistance of the US
Attorneys, has been successful in closing these dispensaries,
but Senate Bill 439 would be aimed at giving legitimacy to these
operations."
JG:nl 5/3/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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