BILL NUMBER: AB 21	CHAPTERED
	BILL TEXT

	CHAPTER  1
	FILED WITH SECRETARY OF STATE  FEBRUARY 3, 2016
	APPROVED BY GOVERNOR  FEBRUARY 3, 2016
	PASSED THE SENATE  JANUARY 25, 2016
	PASSED THE ASSEMBLY  JANUARY 28, 2016
	AMENDED IN SENATE  JANUARY 21, 2016
	AMENDED IN SENATE  JANUARY 15, 2016
	AMENDED IN SENATE  JANUARY 4, 2016
	AMENDED IN ASSEMBLY  MAY 5, 2015

INTRODUCED BY   Assembly Members Wood, Bonta, Cooley, Jones-Sawyer,
and Lackey
   (Principal coauthor: Senator McGuire)

                        DECEMBER 1, 2014

   An act to amend Section 11362.777 of the Health and Safety Code,
relating to medical marijuana, and declaring the urgency thereof, to
take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 21, Wood. 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.
   Existing law exempts certain persons cultivating medical marijuana
from the requirement to obtain both a state license from the
Department of Food and Agriculture and a license, permit, or other
entitlement allowing cultivation from the city, county, or city and
county in which the cultivation will occur. Existing law authorizes a
city, county, or city and county to regulate or ban the cultivation,
storage, manufacture, transport, provision, or other activity by a
person otherwise exempt from state regulation, or to enforce that
regulation or ban.
   This bill would instead provide that an exemption from these
licensure requirements does not limit or prevent a city, county, or
city and county from exercising its police power authority under a
specified provision of the California Constitution.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11362.777 of the Health and Safety Code is
amended to read:
   11362.777.  (a) The Department of Food and Agriculture shall
establish a Medical Cannabis Cultivation Program to be administered
by the secretary and, except as specified in subdivision (c), shall
administer this section as it pertains to the cultivation of medical
marijuana. For purposes of this section and Chapter 3.5 (commencing
with Section 19300) of Division 8 of the Business and Professions
Code, medical cannabis is an agricultural product.
   (b) (1) A person or entity shall not cultivate medical marijuana
without first obtaining both of the following:
   (A) A license, permit, or other entitlement, specifically
permitting cultivation pursuant to these provisions, from the city,
county, or city and county in which the cultivation will occur.
   (B) A state license issued by the department pursuant to this
section.
   (2) A person or entity shall not submit an application for a state
license issued by the department pursuant to this section unless
that person or entity has received a license, permit, or other
entitlement, specifically permitting cultivation pursuant to these
provisions, from the city, county, or city and county in which the
cultivation will occur.
   (3) A person or entity shall not submit an application for a state
license issued by the department pursuant to this section if the
proposed cultivation of marijuana will violate the provisions of any
local ordinance or regulation, or if medical marijuana is prohibited
by the city, county, or city and county in which the cultivation is
proposed to occur, either expressly or otherwise under principles of
permissive zoning.
   (c) (1) Except as otherwise specified in this subdivision, and
without limiting any other local regulation, a city, county, or city
and county, through its current or future land use regulations or
ordinance, may issue or deny a permit to cultivate medical marijuana
pursuant to this section. A city, county, or city and county may
inspect the intended cultivation site for suitability before issuing
a permit. After the city, county, or city and county has approved a
permit, the applicant shall apply for a state medical marijuana
cultivation license from the department. A locally issued cultivation
permit shall only become active upon licensing by the department and
receiving final local approval. A person shall not cultivate medical
marijuana before obtaining both a permit from the city, county, or
city and county and a state medical marijuana cultivation license
from the department.
   (2) A city, county, or city and county that issues or denies
conditional licenses to cultivate medical marijuana pursuant to this
section shall notify the department in a manner prescribed by the
secretary.
   (3) A city, county, or city and county's locally issued
conditional permit requirements must be at least as stringent as the
department's state licensing requirements.
   (d) (1) The secretary may prescribe, adopt, and enforce
regulations relating to the implementation, administration, and
enforcement of this part, including, but not limited to, applicant
requirements, collections, reporting, refunds, and appeals.
   (2) The secretary may prescribe, adopt, and enforce any emergency
regulations as necessary to implement this part. Any emergency
regulation prescribed, adopted, or enforced pursuant to this section
shall be adopted in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, and, for purposes of that chapter, including Section 11349.6 of
the Government Code, the adoption of the regulation is an emergency
and shall be considered by the Office of Administrative Law as
necessary for the immediate preservation of the public peace, health
and safety, and general welfare.
   (3) The secretary may enter into a cooperative agreement with a
county agricultural commissioner to carry out the provisions of this
chapter, including, but not limited to, administration,
investigations, inspections, licensing and assistance pertaining to
the cultivation of medical marijuana. Compensation under the
cooperative agreement shall be paid from assessments and fees
collected and deposited pursuant to this chapter and shall provide
reimbursement to the county agricultural commissioner for associated
costs.
   (e) (1) The department, in consultation with, but not limited to,
the Bureau of Medical Marijuana Regulation, the State Water Resources
Control Board, and the Department of Fish and Wildlife, shall
implement a unique identification program for medical marijuana. In
implementing the program, the department shall consider issues,
including, but not limited to, water use and environmental impacts.
In implementing the program, the department shall ensure that:
   (A) Individual and cumulative effects of water diversion and
discharge associated with cultivation do not affect the instream
flows needed for fish spawning, migration, and rearing, and the flows
needed to maintain natural flow variability.
   (B) Cultivation will not negatively impact springs, riparian
wetlands, and aquatic habitats.
   (2) The department shall establish a program for the
identification of permitted medical marijuana plants at a cultivation
site during the cultivation period. The unique identifier shall be
attached at the base of each plant. A unique identifier, such as, but
not limited to, a zip tie, shall be issued for each medical
marijuana plant.
   (A) Unique identifiers will only be issued to those persons
appropriately licensed by this section.
   (B) Information associated with the assigned unique identifier and
licensee shall be included in the trace and track program specified
in Section 19335 of the Business and Professions Code.
   (C) The department may charge a fee to cover the reasonable costs
of issuing the unique identifier and monitoring, tracking, and
inspecting each medical marijuana plant.
   (D) The department may promulgate regulations to implement this
section.
   (3) The department shall take adequate steps to establish
protections against fraudulent unique identifiers and limit illegal
diversion of unique identifiers to unlicensed persons.
   (f) (1) A city, county, or city and county that issues or denies
licenses to cultivate medical marijuana pursuant to this section
shall notify the department in a manner prescribed by the secretary.
   (2) Unique identifiers and associated identifying information
administered by a city or county shall adhere to the requirements set
by the department and be the equivalent to those administered by the
department.
   (g) This section does not apply to a qualified patient cultivating
marijuana pursuant to Section 11362.5 if the area he or she uses to
cultivate marijuana does not exceed 100 square feet and he or she
cultivates marijuana for his or her personal medical use and does not
sell, distribute, donate, or provide marijuana to any other person
or entity. This section does not apply to a primary caregiver
cultivating marijuana pursuant to Section 11362.5 if the area he or
she uses to cultivate marijuana does not exceed 500 square feet and
he or she cultivates marijuana exclusively for the personal medical
use of no more than five specified qualified patients for whom he or
she is the primary caregiver within the meaning of Section 11362.7
and does not receive remuneration for these activities, except for
compensation provided in full compliance with subdivision (c) of
Section 11362.765. For purposes of this section, the area used to
cultivate marijuana shall be measured by the aggregate area of
vegetative growth of live marijuana plants on the premises. Exemption
from the requirements of this section does not limit or prevent a
city, county, or city and county from exercising its police authority
under Section 7 of Article XI of the California Constitution.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   To allow local governments to protect the health of their citizens
by regulating marijuana at the earliest possible date, it is
necessary that this act take effect immediately.