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 would generally require all persons who cultivate marijuana for medical purposes, except those
cultivating for personal use, as specified, to obtain a permit to cultivate marijuana from the county, city, city and county, or from a state agency to be designated by the Governor if the county, city, or city and county chooses not to be the responsible entity for these purposes. The bill would allow the county, city, city and 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, city, city and county, or designated state agency tobegin delete issue zip tiesend deletebegin insert establish a programend insert for the identification ofbegin insert
permittedend insert marijuana plants and would allow the county, city, city and county, or state agency tobegin insert issue a unique identifier andend insert charge a fee to cover the reasonable costs of issuing thebegin delete zip tiesend deletebegin insert unique identifierend insert, 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, city, city and county, or designated state agency 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. The bill would not apply to a county, city, or city and county that has an existing ordinance pertaining to cultivation of marijuana.
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.
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.
(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:
It 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 statewide level and permanent status to
8ensure the reduction of the adverse impacts of marijuana cultivation
9on water quality and fish and wildlife throughout the state.
Section 11362.769 is added to the Health and Safety
11Code, to read:
Indoor and outdoor medical marijuana cultivation
13shall be conducted in accordance with state and local laws and
14best practices related to land conversion, grading, electricity usage,
15water usage, water quality, woodland and riparian habitat
16protection, agricultural discharges, and similar matters. State
17agencies, including, but not limited to, the State Board of Forestry
18and Fire Protection, the Department of Fish and Wildlife, the State
19Water Resources Control Board, the California regional water
20quality control boards, and traditional state law enforcement
21agencies shall address environmental impacts of medical marijuana
22cultivation and shall coordinate, when appropriate, with cities and
23counties and their law enforcement agencies in
enforcement efforts.
Section 11362.777 is added to the Health and Safety
25Code, to read:
(a) A county, city, or city and county may choose
27not to be the responsible entity for purposes of implementing this
28section. No later than July 1, 2016, a county, city, or city and
29county shall adopt an ordinance to implement this section, or shall,
30by resolution, opt out of the requirements of this section. The
31Governor shall designate an appropriate state agency to implement
32this section in each county, city, or city and county that adopts a
P4 1resolution to opt out of the requirements of this section. For
2purposes of this section, “designated state agency” means the state
3agency designated by the Governor to implement this program in
4a county, city, or city and county that has chosen not to be
5responsible for implementing
the requirements of this section.
6(b) Except as provided in subdivision (d), all qualified patients
7and designated primary caregivers cultivating marijuana pursuant
8to Section 11362.5, and all qualified patients, persons with valid
9identification cards, and the designated primary caregivers of
10qualified patients and persons with identification cards, who
11associate within the State of California in order collectively or
12cooperatively to cultivate marijuana for medical purposes, are
13subject to all of the following:
14(1) Each patient, primary caregiver, collective, or cooperative
15that cultivates marijuana shall obtain a permit to cultivate marijuana
16from the sheriff, chief of police, or other entity designated by the
17
county, city, city and county, or from the designated state agency.
18Each permit shall specify the location being permitted and the
19number of plants that may be grown at that location. The county,
20city, city and county, or the designated state agency may charge
21a fee in an amount sufficient to cover the reasonable cost of issuing
22the permit and carrying out the requirements of this section. The
23permits authorized by this section shall be renewed annually.
24(2) Each county, city, or city and county shall establish the
25number of plants that may be cultivated on an outdoor parcel or
26at an indoor facility. Except for cultivation at a residential home
27pursuant to paragraph (5), cultivation shall only be permitted in
28areas that are zoned specifically for the cultivation of marijuana.
29In a county, city, or city and county where the requirements
of this
30section are being implemented by the designated state agency, the
31maximum number of plants that may be cultivated at any given
32site shall not exceed 99 plants. The
county, city, city and county,
33or designated state entity may set a maximum limit on the square
34footage that may be cultivated at a single location.
35(3) Marijuana cultivated outdoors shall not be cultivated within
36100 feet of any occupied legal residential home or within 100 feet
37of a school offering kindergarten and grades 1 to 12, inclusive,
38education. A county, city, or city and county may increase this
39distance, not to exceed one mile. All outdoor cultivation sites shall
40be within a secure fence that is not less than six feet in height and
P5 1that fully encloses the cultivation area. All marijuana cultivated
2outdoors shall be out of the public’s view. Use of light assistance
3for outdoor cultivation shall not exceed a maximum of 1,200 watts
4of lighting capacity per 100 square feet of cultivated area.
5(4) Indoor cultivation of marijuana shall not occur within 100
6feet of a school offering kindergarten and grades 1 to 12, inclusive,
7education.
8(5) Marijuana cultivated at a residential home shall not exceed
9the number of plants per home established by the county, city, or
10city and county. In a county, city, or city and county where the
11requirements of this section are being implemented by the
12designated state agency, the maximum number of plants that may
13be cultivated at a residential home shall not exceed six plants unless
14the county, city, or city and county adopts an ordinance permitting
15a higher number. Cultivation of marijuana that exceeds the six
16plants or the number of plants per home established by the county,
17city, or city and county shall be conducted in areas
specifically
18zoned for the cultivation of marijuana. Cultivation of marijuana
19at a residential home shall not occur within 100 feet of a school
20offering kindergarten and grades 1 to 12, inclusive, education. A
21county, city, or city and county may increase this distance, not to
22exceed one mile.
23(6) All buildings where marijuana is cultivated or stored shall
24be properly secured to prevent unauthorized entry.
25(7) A county, city, city and county, or the designated state
26agency shallbegin delete issue zip tiesend deletebegin insert establish a programend insert for the identification
27ofbegin insert
permittedend insert medical marijuana plantsbegin insert at a cultivation site during
28the cultivation periodend insert. A county, city, or city and county may
29designate the sheriff or chief of police to issuebegin delete the zip ties. Zip ties end delete
30begin insert a unique identifier, such as, but not limited to, a zip tie. The unique
31identifierend insert shall be attached at the base of each plant. The county,
32city, city and county, or designated state agency may charge a fee
33to cover the reasonable costs of issuing thebegin delete zip tiesend deletebegin insert unique
34
identifierend insert, monitoring, tracking, and inspecting the plants, and for
35enforcing the requirements of Section 11362.769.
36(8) A copy of a current and valid state-issued medical marijuana
37ID card or physician recommendation shall be displayed at all
38cultivation sites in a manner that allows law enforcement officers
39to see the card or recommendation without entering a building or
40fenced area.
P6 1(c) A county, city, city and county, or the designated state
2agency may revoke or suspend a permit, deny the reissuance of a
3permit, or impose fines for a violation of this section. A county
4may also abate a violation of this section through the abatement
5process established by Section 25845 of the Government Code
6and a city may declare what constitutes a nuisance by
ordinance
7pursuant to Section 38771 of the Government Code. The county,
8city, or city and county may set maximum noise levels specifically
9related to the cultivation of marijuana.
10(d) This section does not apply to a qualified patient cultivating
11marijuana pursuant to Section 11362.5 if he or she cultivates
12marijuana for his or her personal medical use and does not sell,
13distribute, donate, or provide marijuana to any other person or
14entity. This section does not apply to a primary caregiver
15cultivating marijuana pursuant to Section 11362.5 if he or she
16cultivates marijuana exclusively for the personal medical use of
17no more than five specified qualified patients for whom he or she
18is the primary caregiver within the meaning of Section 11362.7
19and who does not receive remuneration for these activities, except
20for compensation provided
in full compliance with subdivision (c)
21of Section 11362.765. This section does not preclude a county,
22city, or city and county from regulating or banning the cultivation,
23
possession, storage, manufacture, transport, provision, distribution,
24donation, or sale of marijuana, or any other activity, by a person
25specified in this subdivision, or impair the enforcement of the
26same.
27(e) This section does not apply to a county, city, or city and
28county that has an existing ordinance pertaining to the cultivation
29of marijuana, unless the county, city, or city and county adopts an
30ordinance to participate in the provisions of this section.
31(f) A county, city, or city and county that opts out of the
32requirements of this section pursuant to subdivision (a) may adopt
33an ordinance to participate in the provisions of this section at a
34later date, in which case the designated state agency shall cooperate
35with that local jurisdiction to phase out the designated state
36
agency’s operation of the program.
Section 13276 is added to the Water Code, to read:
Each regional board shall, and the State Water
39Resources Control Board may, address discharges of waste
40resulting from medical marijuana cultivation and associated
P7 1activities, including by adopting a general permit, establishing
2waste discharge requirements, or taking action pursuant to Section
313269. In addressing these discharges, each regional board shall
4include conditions to address items that include, but are not limited
5to, all of the following:
6(a) Site development and maintenance, erosion control, and
7drainage features.
8(b) Stream crossing installation and maintenance.
9(c) Riparian and wetland protection and management.
10(d) Soil disposal.
11(e) Water storage and use.
12(f) Irrigation runoff.
13(g) Fertilizers and soil.
14(h) Pesticides and herbicides.
15(i) Petroleum products and other chemicals.
16(j) Cultivation-related waste.
17(k) Refuse and human waste.
18(l) Cleanup, restoration, and mitigation.
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