Amended in Assembly April 22, 2015

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 add Sections 11362.769 and 11362.777 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.

(1) 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 and cultivation of marijuana for medical purposes. Existing law makes it a crime to plant, cultivate, harvest, dry, or process marijuana, except as otherwise authorized by 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.

This bill wouldbegin insert generallyend insert require all persons who cultivate marijuana for medical purposesbegin insert, except those cultivating for personal use, as specified,end insert to obtain a permit to cultivate marijuana from the countybegin insert, city, city and county,end insert or from a state agency to be designated by the Governor if thebegin delete board of supervisors of theend delete countybegin insert, city, or city and countyend insert chooses not to be the responsible entity for these purposes. The bill would allow the countybegin insert, city, city and county,end insert 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 countybegin insert, city, city and county,end insert or designated state agency to issue zip ties for the identification of marijuana plants and would allow the countybegin insert, city, city and county,end insert 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 countybegin insert, city, city and county, or designated state agencyend insert 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.begin insert The bill would not apply to a county, city, or city and county that has an existing ordinance pertaining to cultivation of marijuana.end insert

The bill would also 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, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters. This bill would require state agencies to address environmental impacts of medical marijuana cultivation and coordinate, when appropriate, with cities and counties and their law enforcement agencies in enforcement efforts.

begin insert

The bill would state the intent of the Legislature that the multiagency task force, the Department of Fish and Wildlife and State Water Resources Control Board pilot project to address the Environmental Impacts of Cannabis Cultivation, continue their enforcement efforts on a statewide level and permanent status.

end insert

(2) Under 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 board, and would allow the state board, 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:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertIt is the intent of the Legislature that the
2multiagency task force, the Department of Fish and Wildlife and
3State Water Resources Control Board pilot project to address the
4Environmental Impacts of Cannabis Cultivation, assigned to
5respond to the damages caused from marijuana cultivation on
6public and private lands in California, will continue their
7enforcement efforts on a stateend insert
begin insertwide level and permanent status to
8ensure the reduction of the adverse impacts of marijuana
9cultivation on water quality and fish and wildlife throughout the
10state.end insert

11

begin deleteSECTION 1.end delete
12begin insertSEC. 2.end insert  

Section 11362.769 is added to the Health and Safety
13Code
, to read:

14

11362.769.  

Indoor and outdoor medical marijuana cultivation
15shall be conducted in accordance with state and local laws and
16best practices related to land conversion, grading, electricity usage,
17water usage, water quality, woodland and riparian habitat
18protection, agricultural discharges, and similar matters. State
19agencies, including, but not limited to, the State Board of Forestry
20and Fire Protection, the Department of Fish and Wildlife, the State
21Water Resources Control Board, the California regional water
22quality control boards, and traditional state law enforcement
23agencies shall address environmental impacts of medical marijuana
24cultivation and shall coordinate, when appropriate, with cities and
25counties and their law enforcement agencies in enforcement efforts.

26

begin deleteSEC. 2.end delete
27begin insertSEC. 3.end insert  

Section 11362.777 is added to the Health and Safety
28Code
, to read:

29

11362.777.  

(a) Abegin delete board of supervisorsend deletebegin insert county, city, or city and
30countyend insert
may choose not to be the responsible entity for purposes
31of implementing this section. No later than July 1, 2016, a countybegin insert,
32city, or city and countyend insert
shall adopt an ordinance to implement this
P4    1section, or shall, by resolution, opt out of the requirements of this
2section. The Governor shall designate an appropriate state agency
3to implement this section in each countybegin insert, city, or city and countyend insert
4 that adopts a resolution to opt out of the requirements of this
5section. For purposes of this section, “designated state agency”
6means the state agency designated by the Governor to implement
7this program inbegin delete counties in which the board of supervisorsend deletebegin insert a county,
8city, or city and county thatend insert
has chosen not to be responsible for
9implementing the requirements of this section.

10(b) begin deleteAll end deletebegin insertExcept as provided in subdivision (d), all end insertqualified
11patients and designated primarybegin delete care giversend deletebegin insert caregiversend insert cultivating
12marijuana pursuant to Section 11362.5, and all qualified patients,
13persons with valid identification cards, and the designated primary
14caregivers of qualified patients and persons with identification
15cards, who associate within the State of California in order
16collectively or cooperatively to cultivate marijuana for medical
17purposes, are subject to all of the following:

18(1) Each patient, primary caregiver, collective, or cooperative
19that cultivates marijuana shall obtain a permit to cultivate marijuana
20from the sheriffbegin insert, chief of police,end insert or other entity designated by the
21begin delete board of supervisors of theend delete county,begin insert city, city and county,end insert or from
22the designated state agency. Each permit shall specify the location
23being permitted and the number of plants that may be grown at
24that location. Thebegin delete board of supervisorsend deletebegin insert county, city, city and county,end insert
25 or the designated state agency may charge a fee in an amount
26sufficient to cover the reasonable cost of issuing the permit and
27carrying out the requirements of this section. The permits
28authorized by this section shall be renewed annually.

29(2) Each countybegin insert, city, or city and countyend insert shall establish the
30number of plants that may be cultivated on an outdoor parcel or
31at an indoor facility. Except for cultivation at a residential home
32pursuant to paragraph (5), cultivation shall only be permitted in
33areas that are zoned specifically for the cultivation of marijuana.
34Inbegin delete countiesend deletebegin insert a county, city, or city and countyend insert where the
35requirements of this section are being implemented by the
36designated state agency, the maximum number of plants that may
37be cultivated at any given site shall not exceed 99 plants. Thebegin delete board
38of supervisorsend delete
begin insert county, city, city and county,end insert or designated state
39entity may set a maximum limit on the square footage that may
40be cultivated at a single location.

P5    1(3) Marijuana cultivated outdoors shall not be cultivated within
2100 feet of any occupied legal residential home or within 100 feet
3of a school offering kindergarten and grades 1 to 12, inclusive,
4education. A countybegin insert, city, or city and countyend insert may increase this
5distance, not to exceed one mile. All outdoor cultivation sites shall
6be within a secure fence that is not less than six feet in height and
7that fully encloses the cultivation area. All marijuana cultivated
8outdoors shall be out of the public’s view. Use of light assistance
9for outdoor cultivation shall not exceed a maximum of 1,200 watts
10of lighting capacity per 100 square feet of cultivated area.

11(4) Indoor cultivation of marijuana shall not occur within 100
12feet of a school offering kindergarten and grades 1 to 12, inclusive,
13education.

14(5) Marijuana cultivated at a residential home shall not exceed
15the number of plants per home established by the countybegin insert, city, or
16city and countyend insert
. In a countybegin insert, city, or city and countyend insert where the
17requirements of this section are being implemented by the
18designated state agency, the maximum number of plants that may
19be cultivated at a residential home shall not exceed six plants unless
20the countybegin insert, city, or city and countyend insert adopts an ordinance permitting
21a higher number. Cultivation of marijuana that exceeds the six
22plants or the number of plants per home established by the countybegin insert,
23city, or city and countyend insert
shall be conducted in areas specifically
24zoned for the cultivation of marijuana. Cultivation of marijuana
25at a residential home shall not occur within 100 feet of a school
26offering kindergarten and grades 1 to 12, inclusive, education. A
27countybegin insert, city, or city and countyend insert may increase this distance, not to
28exceed one mile.

29(6) All buildings where marijuana is cultivated or stored shall
30be properly secured to prevent unauthorized entry.

31(7) A countybegin insert, city, city and county,end insert or the designated state agency
32shall issue zip ties for the identification of medical marijuana
33plants. A countybegin insert, city, or city and countyend insert may designate the sheriff
34begin insert or chief of policeend insert to issue the zip ties. Zip ties shall be attached at
35the base of each plant. The countybegin insert, city, city and county,end insert or
36designated state agency may charge a fee to cover the reasonable
37costs of issuing the zip ties, monitoring, tracking, and inspecting
38the plants, and for enforcing the requirements of Section
3911362.769.

P6    1(8) A copy of a current and valid state-issued medical marijuana
2ID card or physician recommendation shall be displayed at all
3cultivation sites in a manner that allows law enforcement officers
4to see the card or recommendation without entering a building or
5fenced area.

6(c) A countybegin insert, city, city and county,end insert or the designated state agency
7may revoke or suspend a permit, deny the reissuance of a permit,
8or impose fines for a violation of this section. A county may also
9abate a violation of this section through the abatement process
10established by Section 25845 of the Governmentbegin delete Code.end deletebegin insert Code and
11a city may declare what constitutes a nuisance by ordinance
12pursuant to Section 38771 of the Government Code.end insert
The countybegin insert,
13city, or city and countyend insert
may set maximum noise levels specifically
14related to the cultivation of marijuana.

begin insert

15(d) This section does not apply to a qualified patient cultivating
16marijuana pursuant to Section 11362.5 if he or she cultivates
17marijuana for his or her personal medical use and does not sell,
18distribute, donate, or provide marijuana to any other person or
19entity. This section does not apply to a primary caregiver
20cultivating marijuana pursuant to Section 11362.5 if he or she
21cultivates marijuana exclusively for the personal medical use of
22no more than five specified qualified patients for whom he or she
23is the primary caregiver within the meaning of Section 11362.7
24and who does not receive remuneration for these activities, except
25for compensation provided in full compliance with subdivision (c)
26of Section 11362.765. This section does not preclude a county,
27city, or city and county from regulating or banning the cultivation,
28 possession, storage, manufacture, transport, provision, distribution,
29donation, or sale of marijuana, or any other activity, by a person
30specified in this subdivision, or impair the enforcement of the same.

end insert
begin insert

31(e) This section does not apply to a county, city, or city and
32county that has an existing ordinance pertaining to the cultivation
33of marijuana, unless the county, city, or city and county adopts an
34ordinance to participate in the provisions of this section.

end insert
begin insert

35(f) A county, city, or city and county that opts out of the
36requirements of this section pursuant to subdivision (a) may adopt
37an ordinance to participate in the provisions of this section at a
38later date, in which case the designated state agency shall
39cooperate with that local jurisdiction to phase out the designated
40state agency’s operation of the program.

end insert
P7    1

begin deleteSEC. 3.end delete
2begin insertSEC. 4.end insert  

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

3

13276.  

Each regional board shall, and the State Water
4Resources Control Board may, address discharges of waste
5resulting from medical marijuana cultivation and associated
6activities, including by adopting a general permit, establishing
7waste discharge requirements, or taking action pursuant to Section
813269. In addressing these discharges, each regional board shall
9include conditions to address items that include, but are not limited
10to, all of the following:

11(a) Site development and maintenance, erosion control, and
12drainage features.

13(b) Stream crossing installation and maintenance.

14(c) Riparian and wetland protection and management.

15(d) Soil disposal.

16(e) Water storage and use.

17(f) Irrigation runoff.

18(g) Fertilizers and soil.

19(h) Pesticides and herbicides.

20(i) Petroleum products and other chemicals.

21(j) Cultivation-related waste.

22(k) Refuse and human waste.

23(l) Cleanup, restoration, and mitigation.



O

    97