begin deleteBontaend delete. Medical marijuana: cultivation licenses.
Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law, enacted by the Legislature, provides for the licensing and regulation by both state and local entities of medical marijuana and its cultivation. Existing law provides that if a city, county, or city and county does not have land use regulations or ordinances regulating or prohibiting the cultivation of marijuana, commencing March 1, 2016, the Department of Food and Agriculture is the sole licensing authority for medical marijuana cultivation applicants in that city, county, or city and county.
This bill would delete the provision that grants the department the sole licensing authority under those circumstances.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11362.777 of the Health and Safety Code
2 is amended to read:
(a) The Department of Food and Agriculture shall
4establish a Medical Cannabis Cultivation Program to be
5administered by the secretary and, except as specified in
6subdivision (c), shall administer this section as it pertains to the
7cultivation of medical marijuana. For purposes of this section and
8Chapter 3.5 (commencing with Section 19300) of
9the Business and Professions Code, medical cannabis is an
11(b) (1) A person or entity shall not cultivate medical marijuana
12without first obtaining both of the following:
13(A) A license, permit, or other entitlement, specifically
14permitting cultivation pursuant to these provisions, from the city,
15county, or city and county in which the cultivation will occur.
16(B) A state license issued by the department pursuant to this
P3 1(2) A person or entity shall not submit an application for a state
2license issued by the department pursuant to this section unless
3that person or entity has received a license, permit, or other
4entitlement, specifically permitting cultivation pursuant to these
5provisions, from the city, county, or city and county in which the
6cultivation will occur.
7(3) A person or entity shall not submit an application for a state
8license issued by the department pursuant to this section if the
9proposed cultivation of marijuana will violate the provisions of
10any local ordinance or regulation, or if medical marijuana is
11prohibited by the city, county, or city and county in which the
12cultivation is proposed to occur, either expressly or otherwise
13under principles of permissive zoning.
14(c) (1) Except as otherwise specified in this subdivision, and
15without limiting any other local regulation, a city, county, or city
16and county, through its current or future land use regulations or
17ordinance, may issue or deny a permit to cultivate medical
18marijuana pursuant to this section. A city, county, or city and
19county may inspect the intended cultivation site for suitability
begin delete prior issuing a permit. After the city, county, or city and county
21has approved a permit, the applicant shall apply for a state medical
22marijuana cultivation license from the department. A locally issued
23cultivation permit shall only become active upon licensing by the
24department and receiving final local approval. A person shall not
25cultivate medical marijuana
begin delete prior toend delete obtaining both a permit
26from the city, county, or city and county and a state medical
27marijuana cultivation license from the department.
28(2) A city, county, or city and county that issues or denies
29conditional licenses to cultivate medical marijuana pursuant to this
30section shall notify the department in a manner prescribed by the
32(3) A city, county, or city and county’s locally issued conditional
33permit requirements must be at least as stringent as the
34department’s state licensing requirements.
35(d) (1) The secretary may prescribe, adopt, and enforce
36regulations relating to the implementation, administration, and
37enforcement of this part, including, but not limited to, applicant
38requirements, collections, reporting, refunds, and appeals.
39(2) The secretary may prescribe, adopt, and enforce any
40emergency regulations as necessary to implement this part. Any
P4 1emergency regulation prescribed, adopted, or enforced pursuant
2to this section shall be adopted in accordance with Chapter 3.5
3 (commencing with Section 11340) of Part 1 of Division 3 of Title
42 of the Government Code, and, for purposes of that chapter,
5including Section 11349.6 of the Government Code, the adoption
6of the regulation is an emergency and shall be considered by the
7Office of Administrative Law as necessary for the immediate
8preservation of the public peace, health and safety, and general
10(3) The secretary may enter into a cooperative agreement with
11a county agricultural commissioner to carry out the provisions of
12this chapter, including, but not limited to, administration,
13investigations, inspections, licensing and assistance pertaining to
14the cultivation of medical marijuana. Compensation under the
15cooperative agreement shall be paid from assessments and fees
16collected and deposited pursuant to this chapter and shall provide
17reimbursement to the county agricultural commissioner for
19(e) (1) The department, in consultation with, but not limited
20to, the Bureau of Medical Marijuana Regulation, the State Water
21Resources Control Board, and the Department of Fish and Wildlife,
22shall implement a unique identification program for medical
23marijuana. In implementing the program, the department shall
24consider issues, including, but not limited to, water use and
25environmental impacts. In implementing the program, the
26department shall ensure that:
27(A) Individual and cumulative effects of water diversion and
28discharge associated with cultivation do not affect the instream
29flows needed for fish spawning, migration, and rearing, and the
30flows needed to maintain natural flow variability.
31(B) Cultivation will not negatively impact springs, riparian
32wetlands, and aquatic habitats.
33(2) The department shall establish a program for the
34identification of permitted medical marijuana plants at a cultivation
35site during the cultivation period. The unique identifier shall be
36attached at the base of each plant. A unique identifier, such as, but
37not limited to, a zip tie, shall be issued for each medical marijuana
39(A) Unique identifiers will only be issued to those persons
40appropriately licensed by this section.
P5 1(B) Information associated with the assigned unique identifier
2and licensee shall be included in the trace and track program
3specified in Section 19335 of the Business and Professions Code.
4(C) The department may charge a fee to cover the reasonable
5costs of issuing the unique identifier and monitoring, tracking, and
6inspecting each medical marijuana plant.
7(D) The department may promulgate regulations to implement
9(3) The department shall take adequate steps to establish
10protections against fraudulent unique identifiers and limit illegal
11diversion of unique identifiers to unlicensed persons.
12(f) (1) A city, county, or city and county that issues or denies
13licenses to cultivate medical marijuana pursuant to this section
14shall notify the department in a manner prescribed by the secretary.
15(2) Unique identifiers and associated identifying information
16administered by a city or county shall adhere to the requirements
17set by the department and be the equivalent to those administered
18by the department.
19(g) This section does not apply to a qualified patient cultivating
20marijuana pursuant to Section 11362.5 if the area he or she uses
21to cultivate marijuana does not exceed 100 square feet and he or
22she cultivates marijuana for his or her personal medical use and
23does not sell, distribute, donate, or provide marijuana to any other
24person or entity. This section does not apply to a primary caregiver
25cultivating marijuana pursuant to Section 11362.5 if the area he
26or she uses to cultivate marijuana does not exceed 500 square feet
27and he or she cultivates marijuana exclusively for the personal
28medical use of no more than five specified qualified patients for
29whom he or she is the primary caregiver within the meaning of
30Section 11362.7 and does not receive remuneration for these
31activities, except for compensation provided in full compliance
32with subdivision (c) of Section 11362.765. For purposes of this
33section, the area used to cultivate marijuana shall be measured by
34the aggregate area of vegetative growth of live marijuana plants
35on the premises.
begin delete Exemption from the requirements of this section
36does not limit or prevent a city, county, or city and county from
37regulating or banning the cultivation, storage, manufacture,
38transport, provision, or other activity by the exempt person, or
39impair the enforcement of that regulation or ban. end delete
This act is an urgency statute necessary for the
2immediate preservation of the public peace, health, or safety within
3the meaning of Article IV of the Constitution and shall go into
4immediate effect. The facts constituting the necessity are:
5To allow local governments to protect the health of their citizens
6by regulating marijuana at the earliest possible date, it is necessary
7that this act take effect immediately.