Amended in Senate July 2, 2015

Amended in Assembly June 1, 2015

Amended in Assembly April 22, 2015

Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 243

Introduced by Assembly Member Wood

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(Coauthors: Assembly Members Rendon and Williams)

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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 begin delete marijuana. end delete begin insert marijuana, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. end insert

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.

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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 to establish a program for the identification of permitted marijuana plants and would allow the county, city, city and county, or state agency to issue a unique identifier and charge a fee to cover the reasonable costs of issuing the unique identifier, 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.

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This bill would establish the Division of Medical Cannabis Cultivation in the Department of Food and Agriculture. The bill would authorize a county, city, or city and county to issue or deny a conditional permit to cultivate medical marijuana and would require an applicant to obtain both a conditional permit from the county, city, or city and county and a state medical marijuana cultivation license from the division prior to cultivation occurring. By increasing the duties of local officials relative to issuing a conditional permit to cultivate medical marijuana, the bill would impose a state-mandated local program.

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The bill would require the division to implement an identification program for medical marijuana in consultation with the State Water Resources Control Board and the Department of Fish and Wildlife. The bill would authorize the division to charge a fee to cover the reasonable costs of issuing the unique identifier and monitoring, tracking, and inspecting each medical marijuana plant. The bill would allow a county, city, or city and county to administer the unique identifier program, in which case the bill would authorize the county, city, or city and county, to charge a fee to cover the reasonable costs of issuing the unique identifier and monitoring, tracking, and inspecting each medical marijuana plant. The bill would specify that the unique identifier program established pursuant the bill’s provisions does not apply to a county, city, or city and county that has an existing ordinance pertaining to the cultivation of marijuana that provides for the identification of individual plants during the cultivation period.

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This bill, on and after June 1, 2016, would impose a tax a licensed medical marijuana cultivator, at the rate of $50 per medical marijuana plant with a unique identifier. This bill would require the tax to be administered by the State Board of Equalization, as prescribed, and would require a licensed medical marijuana distributor to collect the tax from the licensed medical marijuana cultivator and remit the amounts collected pursuant to the procedures set forth in the Fee Collection Procedures Law. By expanding the application of the Fee Collection Procedures Law, a violation of which is a crime, this bill would impose a state-mandated local program. This bill would require all moneys less refunds, to be deposited into the Marijuana Production and Environment Mitigation Fund, which this bill would create in the State Treasury, and continuously appropriate those moneys to the board for allocation, as specified. The bill would require a licensed medical marijuana cultivator to sell his or her medical marijuana products only to a licensed medical marijuana distributor, and would prohibit any other sales of medical marijuana by a licensed medical marijuana cultivator. The bill would also prohibit the sale of medical marijuana plants that do not contain a unique identifier by a licensed cultivator to a licensed distributor.

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The bill would require, on or before January 1, 2021, specified state agencies, including, among others, the board, the division, and the Department of Justice, to submit reports to the Legislature regarding implementation of the bill.

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The bill would specify that its provisions regarding the unique identifier program and cultivation do not apply to certain qualified patients cultivating marijuana if the patient cultivates marijuana for his or her personal medical use and does not sell, distribute, donate, or provide marijuana to any other person or entity, or to certain primary caregivers cultivating marijuana if the primary caregiver cultivates marijuana exclusively for the personal medical use of no more than 5 specified qualified patients for whom he or she is the primary caregiver and who does not receive remuneration, except as specified.

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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 begin delete their end delete begin insert its end insert enforcement efforts on a statewide level and permanent begin delete status end delete begin insert basis 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.

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(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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(4) This bill would declare that it is to take effect immediately as an urgency statute.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

SECTION 1.  

It is 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, assigned to
respond to the damages caused from marijuana cultivation on
public and private lands in California, will continue begin delete their end delete begin insert its end insert
enforcement efforts on a statewide level and permanent begin delete status end delete begin insert basis end insert
to ensure the reduction of the adverse impacts of marijuana
cultivation on water quality and fish and wildlife throughout the
state.

SEC. 2.  

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

11362.769.  

Indoor and outdoor medical marijuana cultivation
shall 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. State
agencies, including, but not limited to, the State Board of Forestry
and Fire Protection, the Department of Fish and Wildlife, the State
Water Resources Control Board, the California regional water
quality control boards, and traditional state law enforcement
agencies shall address environmental impacts of medical marijuana
cultivation and shall coordinate, when appropriate, with cities and
counties and their law enforcement agencies in enforcement efforts.

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SEC. 3.  

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

11362.777.  

(a) A county, city, or city and county may choose
not to be the responsible entity for purposes of implementing this
section. No later than July 1, 2016, a county, city, or city and
county shall adopt an ordinance to implement this section, or shall,
by resolution, opt out of the requirements of this section. The
Governor shall designate an appropriate state agency to implement
this section in each county, city, or city and county that adopts a
resolution to opt out of the requirements of this section. For
purposes of this section, “designated state agency” means the state
agency designated by the Governor to implement this program in
a county, city, or city and county that has chosen not to be
responsible for implementing the requirements of this section.

(b) Except as provided in subdivision (d), all qualified patients
and designated primary caregivers cultivating marijuana pursuant
to Section 11362.5, and all qualified patients, persons with valid
identification cards, and the designated primary caregivers of
qualified patients and persons with identification cards, who
associate within the State of California in order collectively or
cooperatively to cultivate marijuana for medical purposes, are
subject to all of the following:

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

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

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

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

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

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

(7) A county, city, city and county, or the designated state
agency shall establish a program for the identification of permitted
medical marijuana plants at a cultivation site during the cultivation
period. A county, city, or city and county may designate the sheriff
or chief of police to issue a unique identifier, such as, but not
limited to, a zip tie. The unique identifier shall be attached at the
base of each plant. The county, city, city and county, or designated
state agency may charge a fee to cover the reasonable costs of
issuing the unique identifier, monitoring, tracking, and inspecting
the plants, and for enforcing the requirements of Section
11362.769.

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

(c) A county, city, city and county, or the designated state
agency may revoke or suspend a permit, deny the reissuance of a
permit, or impose fines for a violation of this section. A county
may also abate a violation of this section through the abatement
process established by Section 25845 of the Government Code
and a city may declare what constitutes a nuisance by ordinance
pursuant to Section 38771 of the Government Code. The county,
city, or city and county may set maximum noise levels specifically
related to the cultivation of marijuana.

(d) This section does not apply to a qualified patient cultivating
marijuana pursuant to Section 11362.5 if 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 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 who does not receive remuneration for these activities, except
for compensation provided in full compliance with subdivision (c)
of Section 11362.765. This section does not preclude a county,
city, or city and county from regulating or banning the cultivation,
possession, storage, manufacture, transport, provision, distribution,
donation, or sale of marijuana, or any other activity, by a person
specified in this subdivision, or impair the enforcement of the
same.

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

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

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begin insert SEC. 3. end insert   

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begin insert Section 11362.777 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

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begin insert 11362.777. end insert   

(a) The Division of Medical Cannabis Cultivation
is established within the Department of Food and Agriculture. The
division shall be administered by a person appointed by the
Governor and, except as specified in subdivision (c), shall
administer this section as it pertains to the cultivation of medical
marijuana.

(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 from the county, city,
or city and county in which the cultivation will occur.

(B) A license issued by the state pursuant to this section.

(2) A person or entity shall not submit an application for a
license issued by the state pursuant to this section unless that
person or entity has received a license, permit, or other entitlement
from the county, city, or city and county in which the cultivation
will occur.

(3) A person or entity shall not submit an application for a
license issued by the state pursuant to this section if medical
marijuana is prohibited by the county, city, or city and county in
which the cultivation is proposed to occur.

(c) (1) Except as specified in paragraph (2), a county, city, or
city and county, through its current or future land use regulations
or ordinance, may issue or deny a conditional permit to cultivate
medical marijuana. A county, city, or city and county may inspect
the intended cultivation site for suitability prior to issuing a
conditional permit. After the city, county, or city and county have
approved a conditional permit, the applicant shall apply for a state
medical marijuana cultivation license from the division. A locally
issued conditional cultivation permit shall only become active
upon licensing by the division and receiving final local approval.
A person shall not cultivate medical marijuana prior to obtaining
both a conditional permit from the county, city, or city and county
and a state medical marijuana cultivation license from the division.

(2) If a county, city, or city and county does not have land use
regulations or ordinances pertaining to the cultivation of
marijuana, does not have a local cultivation permit process in
place, or chooses not to administer a conditional permit program,
then commencing March 1, 2016, the division shall be the sole
licensing authority for medical marijuana cultivation applicants
in that county, city, or city and county.

(d) (1) The division, in consultation with, but not limited to,
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 division
shall consider issues, including, but not limited to, water use and
environmental impacts.

(2) The division 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.

(3) The division may charge a fee to cover the reasonable costs
of issuing the unique identifier and monitoring, tracking, and
inspecting each medical marijuana plant.

(e) (1) On and after June 1, 2016, there is hereby imposed a
tax on a licensed medical marijuana cultivator at the rate of $50
per medical marijuana plant with a unique identifier. The unique
identifiers shall serve as the indicator for quantity purposes of
sales.

(2) A licensed medical marijuana distributor shall charge the
licensed medical marijuana cultivator the amount of the tax as a
charge that is separate from, and not included in, any other fee,
charge, or other amount paid by the medical marijuana distributor.

(3) The licensed medical marijuana distributor shall collect the
tax from the licensed medical marijuana cultivator at the time of
sale, and may retain reimbursement pursuant to regulations that
shall be approved by the State Board of Equalization before June
1, 2016, for startup costs associated with the collection of the tax,
to be taken on the first return or next consecutive returns until the
entire reimbursement amount is retained.

(4) The licensed medical marijuana distributor shall separately
state the amount of the tax imposed under this subdivision on the
sales receipt given by the licensed medical marijuana distributor
to the licensed medical marijuana cultivator at the time of sale.

(5) The State Board of Equalization shall administer and collect
the tax imposed by this subdivision pursuant to the Fee Collection
Procedures Law (Part 30 (commencing with Section 55001) of
Division 2 of the Revenue and Taxation Code) with those changes
as may be necessary to conform to this section. For purposes of
this subdivision, the references in the Fee Collection Procedures
Law to “fee” shall include the tax imposed by this subdivision,
and references to “feepayer” shall include the licensed medical
marijuana distributor.

(6) (A) The tax is required to be collected by a licensed medical
marijuana distributor and any amount unreturned to the licensed
medical marijuana cultivator who paid an amount in excess of the
tax, but was collected from the licensed medical marijuana
cultivator under the representation by the licensed medical
marijuana distributor that it was owed as a tax, constitutes debts
owed by the licensed medical marijuana distributor to this state.

(B) A licensed medical marijuana cultivator is liable for the tax
until it has been paid to the state, except that payment to a licensed
medical marijuana distributor relieves the licensed medical
marijuana cultivator from further liability for the tax. Any tax
collected from a licensed medical marijuana cultivator that has
not been remitted to the State Board of Equalization shall be a
debt owed to the state by the licensed medical marijuana distributor
required to collect and remit the tax. This subdivision does not
impose any obligation upon a licensed medical marijuana
distributor to take any legal action to enforce the collection of the
tax imposed by this subdivision.

(7) The State Board of Equalization may prescribe, adopt, and
enforce regulations relating to the administration and enforcement
of this subdivision, including, but not limited to, collections,
reporting, refunds, and appeals. The State Board of Equalization
may consult with the division, and the division shall provide to the
board any information necessary for the proper administration of
the tax imposed by this subdivision.

(8) (A) The tax imposed by this subdivision is due and payable
to the State Board of Equalization quarterly on or before the last
day of the month next succeeding each quarterly period.

(B) On or before the last day of the month following each
quarterly period, a return for the preceding quarterly period shall
be filed with the State Board of Equalization using electronic
media, in the form prescribed by the State Board of Equalization.
Returns shall be authenticated in a form or pursuant to methods,
as prescribed by the State Board of Equalization.

(9) (A) A licensed medical marijuana cultivator required to
pay the tax imposed under this subdivision shall register with the
State Board of Equalization. Every application for registration
shall be made in a form prescribed by the State Board of
Equalization and shall set forth the name under which the applicant
transacts or intends to transact business, the location of the
person’s place or places of business, and any other information
that the State Board of Equalization may require. An application
for registration shall be authenticated in a form or pursuant to
methods as may be prescribed by the State Board of Equalization.

(B) An application for registration filed pursuant to this section
may be filed using electronic media as prescribed by the State
Board of Equalization. Electronic media includes, but is not limited
to, computer modem, magnetic media, optical disc, facsimile
machine, or telephone.

(10) A licensed medical marijuana cultivator shall sell his or
her medical marijuana products only to a licensed medical
marijuana distributor and shall not make any other sales of medical
marijuana. Medical marijuana plants that do not contain a unique
identifier shall not be sold by a licensed cultivator to a licensed
distributor.

(11) The State Board of Equalization shall deposit all revenues,
less refunds, collected pursuant to this subdivision into the
Marijuana Production and Environment Mitigation Fund, which
is hereby created in the State Treasury. Notwithstanding Section
13340 of the Government Code, all moneys deposited in the fund
are hereby continuously appropriated, without regard to fiscal
years, to the State Board of Equalization for the purposes of this
section, to be allocated by the board in the following manner:

(A) Five dollars ($5) shall go to the division to administer the
unique identifier program described in subdivision (d).

(B) Fifteen dollars ($15) shall go to the division for
disbursement to local law enforcement-related activities, state law
enforcement-related activities, or both, pertaining to illegal
marijuana cultivation. Funds allocated pursuant to this
subparagraph shall be allocated on a competitive grant application
process administered by the division. The division shall promulgate
guidelines for the grant process as soon as administratively
possible, but no later than April 1, 2016.

(C)  Fifteen dollars ($15) shall go to the Natural Resources
Agency to fund a competitive grant program for environmental
cleanup and restoration of public and private lands that have been
damaged from illegal marijuana cultivation. Funds allocated
pursuant to this subparagraph shall be prioritized to restoration
and cleanup projects, on public or private lands, based on the
level of damages that have occurred. Not less than 35 percent of
the funds shall be used for these purposes related to public lands,
and not less than 20 percent of the funds collected shall be used
for these purposes in regard to private lands. The agency shall
consult and partner with counties, cities, or cities and counties,
and may partner with nonprofit organizations recognized by the
California Attorney General’s office, other appropriate state
agencies, and the appropriate federal entities within the United
State Department of Interior, for the purposes of awarding grants
to state or local government entities and nonprofit organizations
that engage in environmental cleanup and restoration. The agency
shall promulgate guidelines for the grant process as soon as
administratively possible, but no later than April 1, 2016.

(D) Fifteen dollars ($15) shall go to the multiagency task force,
the Department of Fish and Wildlife, and the State Water Resources
Control Board project to address the Environmental Impacts of
Cannabis Cultivation and to respond to the damages caused from
marijuana cultivation on public and private lands in California.

(f) (1) On or before January 1, 2021, the following entities shall
submit a report to the Legislature:

(A) The State Board of Equalization shall submit a report on
the total amount of revenue that was collected over the five-year
time period from the tax imposed pursuant to subdivision (e).

(B) The multiagency task force, the Department of Fish and
Wildlife, and the State Water Resources Control Board, shall
submit a report on the project to address the Environmental
Impacts of Cannabis Cultivation and how funds allocated to those
entities pursuant to subdivision (e) have been used for those
purposes.

(C) The Department of Justice shall submit a report on how
local and state law enforcement agencies have used funds allocated
pursuant to subdivision (e) to address illegal marijuana cultivation
and related activates.

(D) The Natural Resources Agency shall submit a report on
how funds allocated to it pursuant to subdivision (e) have been
used for environmental cleanup and restoration of public and
private lands that have been damaged from illegal marijuana
cultivation.

(2) It is the intent of the Legislature to use the reports required
by this subdivision to determine the necessity of a readjustment to
the tax imposed pursuant to subdivision (e).

(3) The reports required by this subdivision shall be submitted
in compliance with Section 9795 of the Government Code.

(g) (1) Except as specified in paragraph (3), no later than
March 1, 2016, a county, city, or city and county may adopt a
resolution or ordinance to be the responsible entity for purposes
of administering the unique identification program specified in
subdivision (d), in which case, the county, city, or city and county
shall designate the appropriate entity to issue the unique identifiers.
Counties may designate the local agricultural commissioner,
sheriff, or other appropriate entity. Cities may designate the city
planning and building department, the Chief of Police, or other
appropriate entity. A county, city, or city and county may charge
a fee to cover the reasonable costs of issuing the unique identifier
and monitoring, tracking, and inspecting each medical marijuana
plant.

(2) Licensed cultivators and licensed distributors shall comply
with subdivision (e) in a county, city, or city and county that elects
to administer the unique identification program pursuant to
paragraph (1).

(3) If a county, city, or city and county decides at a later date
to be the responsible entity for purposes of administering the
unique identification program specified in subdivision (d), the
county, city, or city and county may adopt an ordinance or
resolution to participate in the provisions of this subdivision at a
later date, but no later than July 1, 2018, in which case the division
shall cooperate with that local jurisdiction to phase out the
division’s operation of the program.

(h) The unique identifier program established pursuant to this
section does not apply to a county, city, or city and county that
has an existing ordinance pertaining to the cultivation of marijuana
that provides for the identification of individual plants during the
cultivation period. A county, city, or city and county may choose
to opt in to the unique identifier program administered by the
division to be eligible for funds pursuant to subdivision (e). A
county, city, or city and county that does not participate in a unique
identifier program pursuant to this section shall not be eligible
for funds pursuant to subdivision (e).

(i) This section does not apply to a qualified patient cultivating
marijuana pursuant to Section 11362.5 if 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 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 who does not receive remuneration for these activities, except
for compensation provided in full compliance with subdivision (c)
of Section 11362.765. This section does not preclude a county,
city, or city and county from regulating or banning the cultivation,
possession, storage, manufacture, transport, provision, distribution,
donation, or sale of marijuana, or any other activity, by a person
specified in this subdivision, or impair the enforcement of the same.

end insert

SEC. 4.  

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

13276.  

Each regional board shall, and the State Water
Resources Control Board may, address discharges of waste
resulting from medical marijuana cultivation and associated
activities, including by adopting a general permit, establishing
waste discharge requirements, or taking action pursuant to Section
13269. In addressing these discharges, each regional board shall
include conditions to address items that include, but are not limited
to, all of the following:

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

(b) Stream crossing installation and maintenance.

(c) Riparian and wetland protection and management.

(d) Soil disposal.

(e) Water storage and use.

(f) Irrigation runoff.

(g) Fertilizers and soil.

(h) Pesticides and herbicides.

(i) Petroleum products and other chemicals.

(j) Cultivation-related waste.

(k) Refuse and human waste.

(l) Cleanup, restoration, and mitigation.

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begin insert SEC. 5. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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begin insert SEC. 6. end insert   

end insert begin insert

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:

end insert begin insert

In order to address the damage done by illegal marijuana
cultivation at the earliest time possible, it is necessary that this
act take effect immediately.

end insert