Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 243


Introduced by Assembly Member Wood

February 5, 2015


An act to addbegin delete Sectionend deletebegin insert Sectionsend insert 11362.769begin insert and 11362.777end insert to the Health and Safety Code, and to add Section 13276 to the Water Code, relating to medical marijuana.

LEGISLATIVE COUNSEL’S DIGEST

AB 243, as amended, Wood. Medical marijuana cultivation.

begin delete

Existing

end delete

begin insert(1)end insertbegin insertend insertbegin insertExistingend insert 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 usebegin insert and cultivationend insert of marijuana for medical purposes. Existing law makes it a crime to plant, cultivate, harvest, dry, or process marijuana, except as otherwise authorized bybegin delete law, such as the medical marijuana program.end deletebegin insert law. Under existing law, qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate in order collectively and cooperatively to cultivate marijuana for medical purposes, are not subject to criminal sanctions solely on the basis of that fact.end insert

begin insert

This bill would require all persons who cultivate marijuana for medical purposes to obtain a permit to cultivate marijuana from the county or from a state agency to be designated by the Governor if the board of supervisors of the county chooses not to be the responsible entity for these purposes. The bill would allow the county or state agency to charge a fee in an amount sufficient to cover the reasonable cost of issuing the permits and carrying out the program. The bill would prohibit marijuana from being cultivated within 100 feet of an occupied legal residential home or school if grown outdoors, or within 100 feet of a school if grown at a residence. The bill would require the county or designated state agency to issue zip ties for the identification of marijuana plants and would allow the county or state agency to charge a fee to cover the reasonable costs of issuing the zip ties, monitoring, tracking, and inspecting the plants, and for enforcing specified requirements. The bill would require a copy of a current and valid state-issued medical marijuana ID card or physician recommendation to be displayed at all cultivation sites. The bill would allow a county to revoke or suspend a permit, deny the reissuance of a permit, or impose fines, for a violation of these requirements, or abate a violation as a nuisance.

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begin delete

This

end delete

begin insertTheend insert bill wouldbegin insert alsoend insert require indoor and outdoor medical marijuana cultivation to be conducted in accordance with state and local laws and best practices related to land conversion, grading, electricity usage, water usage,begin insert water quality, woodland and riparian habitat protection,end insert agricultural discharges, and similar matters. This bill would require state agencies to address environmental impacts of medical marijuana cultivation and coordinatebegin insert, when appropriate,end insert with cities and counties and their law enforcement agencies in enforcement efforts.

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Under

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begin insert(2)end insertbegin insertend insertbegin insertUnderend insert existing law, the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with responsibility for the coordination and control of water quality in the state.

This bill would require each regional boardbegin insert, and would allow the state board,end insert to address discharges of waste resulting from medical marijuana cultivation and associated activities.

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

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

P2    1

SECTION 1.  

Section 11362.769 is added to the Health and
2Safety Code
, to read:

P3    1

11362.769.  

Indoor and outdoor medical marijuana cultivation
2shall be conducted in accordance with state and local laws and
3best practices related to land conversion, grading, electricity usage,
4water usage,begin insert water quality, woodland and riparian habitat
5protection,end insert
agricultural discharges, and similar matters. State
6agencies, including, but not limited to, the State Board of Forestry
7and Fire Protection, the Department of Fish and Wildlife, the State
8Water Resources Control Board, the California regional water
9quality control boards, and traditional state law enforcement
10agencies shall address environmental impacts of medical marijuana
11cultivation and shall coordinatebegin insert, when appropriate,end insert with cities and
12counties and their law enforcement agencies in enforcement efforts.

13begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 11362.777 is added to the end insertbegin insertHealth and Safety
14Code
end insert
begin insert, to read:end insert

begin insert
15

begin insert11362.777.end insert  

(a) A board of supervisors may choose not to be
16the responsible entity for purposes of implementing this section.
17No later than July 1, 2016, a county shall adopt an ordinance to
18implement this section, or shall, by resolution, opt out of the
19requirements of this section. The Governor shall designate an
20appropriate state agency to implement this section in each county
21that adopts a resolution to opt out of the requirements of this
22section. For purposes of this section, “designated state agency”
23means the state agency designated by the Governor to implement
24this program in counties in which the board of supervisors has
25chosen not to be responsible for implementing the requirements
26of this section.

27(b) All qualified patients and designated primary care givers
28cultivating marijuana pursuant to Section 11362.5, and all
29qualified patients, persons with valid identification cards, and the
30designated primary caregivers of qualified patients and persons
31with identification cards, who associate within the State of
32California in order collectively or cooperatively to cultivate
33marijuana for medical purposes, are subject to all of the following:

34(1) Each patient, primary caregiver, collective, or cooperative
35that cultivates marijuana shall obtain a permit to cultivate
36marijuana from the sheriff or other entity designated by the board
37of supervisors of the county, or from the designated state agency.
38Each permit shall specify the location being permitted and the
39number of plants that may be grown at that location. The board
40of supervisors or the designated state agency may charge a fee in
P4    1an amount sufficient to cover the reasonable cost of issuing the
2permit and carrying out the requirements of this section. The
3permits authorized by this section shall be renewed annually.

4(2) Each county shall establish the number of plants that may
5be cultivated on an outdoor parcel or at an indoor facility. Except
6for cultivation at a residential home pursuant to paragraph (5),
7cultivation shall only be permitted in areas that are zoned
8specifically for the cultivation of marijuana. In counties where the
9requirements of this section are being implemented by the
10designated state agency, the maximum number of plants that may
11be cultivated at any given site shall not exceed 99 plants. The board
12of supervisors or designated state entity may set a maximum limit
13on the square footage that may be cultivated at a single location.

14(3) Marijuana cultivated outdoors shall not be cultivated within
15100 feet of any occupied legal residential home or within 100 feet
16of a school offering kindergarten and grades 1 to 12, inclusive,
17education. A county may increase this distance, not to exceed one
18mile. All outdoor cultivation sites shall be within a secure fence
19that is not less than six feet in height and that fully encloses the
20cultivation area. All marijuana cultivated outdoors shall be out
21of the public’s view. Use of light assistance for outdoor cultivation
22shall not exceed a maximum of 1,200 watts of lighting capacity
23per 100 square feet of cultivated area.

24(4) Indoor cultivation of marijuana shall not occur within 100
25feet of a school offering kindergarten and grades 1 to 12, inclusive,
26education.

27(5) Marijuana cultivated at a residential home shall not exceed
28the number of plants per home established by the county. In a
29county where the requirements of this section are being
30implemented by the designated state agency, the maximum number
31of plants that may be cultivated at a residential home shall not
32exceed six plants unless the county adopts an ordinance permitting
33a higher number. Cultivation of marijuana that exceeds the six
34plants or the number of plants per home established by the county
35shall be conducted in areas specifically zoned for the cultivation
36of marijuana. Cultivation of marijuana at a residential home shall
37not occur within 100 feet of a school offering kindergarten and
38grades 1 to 12, inclusive, education. A county may increase this
39distance, not to exceed one mile.

P5    1(6) All buildings where marijuana is cultivated or stored shall
2be properly secured to prevent unauthorized entry.

3(7) A county or the designated state agency shall issue zip ties
4for the identification of medical marijuana plants. A county may
5designate the sheriff to issue the zip ties. Zip ties shall be attached
6at the base of each plant. The county or designated state agency
7may charge a fee to cover the reasonable costs of issuing the zip
8ties, monitoring, tracking, and inspecting the plants, and for
9enforcing the requirements of Section 11362.769.

10(8) A copy of a current and valid state-issued medical marijuana
11ID card or physician recommendation shall be displayed at all
12cultivation sites in a manner that allows law enforcement officers
13to see the card or recommendation without entering a building or
14fenced area.

15(c) A county or the designated state agency may revoke or
16suspend a permit, deny the reissuance of a permit, or impose fines
17for a violation of this section. A county may also abate a violation
18of this section through the abatement process established by
19Section 25845 of the Government Code. The county may set
20maximum noise levels specifically related to the cultivation of
21 marijuana.

end insert
22

begin deleteSEC. 2.end delete
23begin insertSEC. 3.end insert  

Section 13276 is added to the Water Code, to read:

24

13276.  

Each regional board shallbegin insert, and the State Water
25Resources Control Board may,end insert
address discharges of waste
26resulting from medical marijuana cultivation and associated
27activities, including bybegin insert adopting a general permit, establishing
28waste discharge requirements, orend insert
taking action pursuant to Section
2913269. In addressing these discharges, each regional board shall
30include conditions to address items that include, but are not limited
31to, all of the following:

32(a) Site development and maintenance, erosion control, and
33drainage features.

34(b) Stream crossing installation and maintenance.

35(c) Riparian and wetland protection and management.

36(d) Soil disposal.

37(e) Water storage and use.

38(f) Irrigation runoff.

39(g) Fertilizers and soil.

40(h) Pesticides and herbicides.

P6    1(i) Petroleum products and other chemicals.

2(j) Cultivation-related waste.

3(k) Refuse and human waste.

4(l) Cleanup, restoration, and mitigation.



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