Amended in Senate September 11, 2015

Amended in Senate September 4, 2015

Amended in Senate September 1, 2015

Amended in Senate August 17, 2015

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 BillNo. 243


Introduced by Assembly Member Wood

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(Coauthors: Assembly Members Rendon and Williams)

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(Principal coauthor: Assembly Member Rendon)

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(Coauthor: Assembly Member Williams)

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February 5, 2015


An act tobegin delete amend Section 2220.05 ofend deletebegin insert add Article 6 (commencing with Section 19331), Article 13 (commencing with Section 19350), and Article 17 (commencing with Section 19360) to Chapter 3.5 of Division 8 ofend insert the Business and Professions Code,begin insert to add Section 12029 to the Fish and Game Code, to add Sections 11362.769 and 11362.777 to the Health and Safety Code, and to add Section 13276 to the Water Code,end insert relating to medicalbegin delete marijuana, and declaring the urgency thereof, to take effect immediately.end deletebegin insert marijuana, and making an appropriation therefor.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 243, as amended, Wood. Medicalbegin delete Board of California: medicalend delete marijuana.

begin delete

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 requires the Medical Board of California to prioritize its investigative and prosecutorial resources to ensure that the most harmful physicians and surgeons are identified and disciplined expeditiously, and provides a list of allegations that shall be prioritized.

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This bill would add repeatedly recommending excessive cannabis to patients for medical purposes, and repeatedly recommending cannabis to patients without a good faith examination and a medical reason, to the list of prioritized allegations.

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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 requires the establishment of a program for the issuance of identification cards to qualified patients so that they may lawfully use marijuana for medical purposes, and requires the establishment of guidelines for the lawful cultivation of marijuana grown for medical use. Existing law provides for the licensure of various professions by boards or bureaus within the Department of Consumer Affairs. Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of food, drugs, devices, and cosmetics, as specified. A violation of that law is a crime.

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This bill would require the Department of Food and Agriculture, the Department of Pesticide Regulation, the State Department of Public Health, the Department of Fish and Wildlife, and the State Water Resources Control Board to promulgate regulations or standards relating to medical marijuana and its cultivation, as specified. The bill would also require various state agencies to take specified actions to mitigate the impact that marijuana cultivation has on the environment. By requiring cities, counties, and their local law enforcement agencies to coordinate with state agencies to enforce laws addressing the environmental impacts of medical marijuana cultivation, and by including medical marijuana within the Sherman Act, the bill would impose a state-mandated local program.

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This bill would require a state licensing authority to charge each licensee under the act a licensure and renewal fee, as applicable, and would further require the deposit of those collected fees into an account specific to that licensing authority in the Medical Marijuana Regulation and Safety Act Fund, which this bill would establish. This bill would impose certain fines and civil penalties for specified violations of the Medical Marijuana Regulation and Safety Act, and would require moneys collected as a result of these fines and civil penalties to be deposited into the Medical Cannabis Fines and Penalties Account, which this bill would establish within the fund. Moneys in the fund and each account of the fund would be available upon appropriation of the Legislature.

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This bill would authorize the Director of Finance to provide an initial operating loan from the General Fund to the Medical Marijuana Regulation and Safety Act Fund of up to $10,000,000, and would appropriate $10,000,000 from the Medical Marijuana Regulation and Safety Act Fund to the Department of Consumer Affairs to begin the activities of the bureau.

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This bill would provide that its provisions are severable.

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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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

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With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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This bill would become operative only if AB 266 and SB 643 of the 2015-16 Regular Sessionbegin delete isend deletebegin insert areend insert enacted andbegin delete takesend deletebegin insert takeend insert effect on or before January 1, 2016.

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

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Vote: begin delete23 end deletebegin insertmajorityend insert. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

begin deleteP4    1

SECTION 1.  

Section 2220.05 of the Business and Professions
2Code
is amended to read:

3

2220.05.  

(a) In order to ensure that its resources are maximized
4for the protection of the public, the Medical Board of California
5shall prioritize its investigative and prosecutorial resources to
6ensure that physicians and surgeons representing the greatest threat
7of harm are identified and disciplined expeditiously. Cases
8involving any of the following allegations shall be handled on a
9priority basis, as follows, with the highest priority being given to
10cases in the first paragraph:

11(1) Gross negligence, incompetence, or repeated negligent acts
12that involve death or serious bodily injury to one or more patients,
13such that the physician and surgeon represents a danger to the
14public.

15(2) Drug or alcohol abuse by a physician and surgeon involving
16death or serious bodily injury to a patient.

17(3) Repeated acts of clearly excessive prescribing, furnishing,
18or administering of controlled substances, or repeated acts of
19prescribing, dispensing, or furnishing of controlled substances
20without a good faith prior examination of the patient and medical
21reason therefor. However, in no event shall a physician and surgeon
22prescribing, furnishing, or administering controlled substances for
23intractable pain consistent with lawful prescribing, including, but
24not limited to, Sections 725, 2241.5, and 2241.6 of this code and
25Sections 11159.2 and 124961 of the Health and Safety Code, be
26prosecuted for excessive prescribing and prompt review of the
27applicability of these provisions shall be made in any complaint
28that may implicate these provisions.

29(4) Repeated acts of clearly excessive recommending of cannabis
30to patients for medical purposes, or repeated acts of recommending
31cannabis to patients for medical purposes without a good faith
32prior examination of the patient and a medical reason for the
33recommendation.

34(5) Sexual misconduct with one or more patients during a course
35of treatment or an examination.

36(6) Practicing medicine while under the influence of drugs or
37alcohol.

P5    1(b) The board may by regulation prioritize cases involving an
2allegation of conduct that is not described in subdivision (a). Those
3cases prioritized by regulation shall not be assigned a priority equal
4to or higher than the priorities established in subdivision (a).

5(c) The Medical Board of California shall indicate in its annual
6report mandated by Section 2312 the number of temporary
7restraining orders, interim suspension orders, and disciplinary
8actions that are taken in each priority category specified in
9subdivisions (a) and (b).

end delete
10begin insert

begin insertSECTION 1.end insert  

end insert

begin insertArticle 6 (commencing with Section 19331) is
11added to Chapter 3.5 of Division 8 of the end insert
begin insertBusiness and Professions
12Code
end insert
begin insert, to read:end insert

begin insert

13 

14Article begin insert6.end insert  Licensed Cultivation Sites
15

 

16

begin insert19331.end insert  

The Legislature finds and declares all of the following:

17(a) The United States Environmental Protection Agency has not
18established appropriate pesticide tolerances for, or permitted the
19registration and lawful use of, pesticides on cannabis crops
20intended for human consumption pursuant to the Federal
21Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).

22(b) The use of pesticides is not adequately regulated due to the
23omissions in federal law, and cannabis cultivated in California
24for California patients can and often does contain pesticide
25residues.

26(c) Lawful California medical cannabis growers and caregivers
27urge the Department of Pesticide Regulation to provide guidance,
28in absence of federal guidance, on whether the pesticides currently
29used at most cannabis cultivation sites are actually safe for use
30on cannabis intended for human consumption.

31

begin insert19332.end insert  

(a) The Department of Food and Agriculture shall
32promulgate regulations governing the licensing of indoor and
33outdoor cultivation sites.

34(b) The Department of Pesticide Regulation, in consultation
35with the Department of Food and Agriculture, shall develop
36standards for the use of pesticides in cultivation, and maximum
37tolerances for pesticides and other foreign object residue in
38harvested cannabis.

P6    1(c) The State Department of Public Health shall develop
2standards for the production and labeling of all edible medical
3cannabis products.

4(d) The Department of Food and Agriculture, in consultation
5with the Department of Fish and Wildlife and the State Water
6Resources Control Board, shall ensure that individual and
7cumulative effects of water diversion and discharge associated
8with cultivation do not affect the instream flows needed for fish
9spawning, migration, and rearing, and the flows needed to maintain
10natural flow variability.

11(e) The Department of Food and Agriculture shall have the
12authority necessary for the implementation of the regulations it
13adopts pursuant to this chapter. The regulations shall do all of the
14following:

15(1) Provide that weighing or measuring devices used in
16connection with the sale or distribution of medical cannabis are
17required to meet standards equivalent to Division 5 (commencing
18with Section 12001).

19(2) Require that cannabis cultivation by licensees is conducted
20in accordance with state and local laws related to land conversion,
21grading, electricity usage, water usage, agricultural discharges,
22and similar matters. Nothing in this chapter, and no regulation
23adopted by the department, shall be construed to supersede or
24limit the authority of the State Water Resources Control Board,
25regional water quality control boards, or the Department of Fish
26and Wildlife to implement and enforce their statutory obligations
27or to adopt regulations to protect water quality, water supply, and
28natural resources.

29(3) Establish procedures for the issuance and revocation of
30unique identifiers for activities associated with a cannabis
31cultivation license, pursuant to Article 8 (commencing with Section
3219337). All cannabis shall be labeled with the unique identifier
33issued by the Department of Food and Agriculture.

34(4) Prescribe standards, in consultation with the bureau, for
35the reporting of information as necessary related to unique
36identifiers, pursuant to Article 8 (commencing with Section 19337).

37(f) The Department of Pesticide Regulation, in consultation with
38the State Water Resources Control Board, shall promulgate
39regulations that require that the application of pesticides or other
40pest control in connection with the indoor or outdoor cultivation
P7    1of medical cannabis meets standards equivalent to Division 6
2(commencing with Section 11401) of the Food and Agricultural
3Code and its implementing regulations.

4(g) State cultivator license types issued by the Department of
5Food and Agriculture include:

6(1) Type 1, or “specialty outdoor,” for outdoor cultivation using
7no artificial lighting of less than or equal to 5,000 square feet of
8total canopy size on one premises, or up to 50 mature plants on
9 noncontiguous plots.

10(2) Type 1A, or “specialty indoor,” for indoor cultivation using
11exclusively artificial lighting of less than or equal to 5,000 square
12feet of total canopy size on one premises.

13(3) Type 1B, or “specialty mixed-light,” for cultivation using
14a combination of natural and supplemental artificial lighting at a
15maximum threshold to be determined by the licensing authority,
16of less than or equal to 5,000 square feet of total canopy size on
17one premises.

18(4) Type 2, or “small outdoor,” for outdoor cultivation using
19no artificial lighting between 5,001 and 10,000 square feet,
20inclusive, of total canopy size on one premises.

21(5) Type 2A, or “small indoor,” for indoor cultivation using
22exclusively artificial lighting between 5,001 and 10,000 square
23feet, inclusive, of total canopy size on one premises.

24(6) Type 2B, or “small mixed-light,” for cultivation using a
25combination of natural and supplemental artificial lighting at a
26maximum threshold to be determined by the licensing authority,
27between 5,001 and 10,000 square feet, inclusive, of total canopy
28size on one premises.

29(7) Type 3, or “outdoor,” for outdoor cultivation using no
30artificial lighting from 10,001 square feet to one acre, inclusive,
31of total canopy size on one premises. The Department of Food and
32Agriculture shall limit the number of licenses allowed of this type.

33(8) Type 3A, or “indoor,” for indoor cultivation using
34exclusively artificial lighting between 10,001 and 22,000 square
35feet, inclusive, of total canopy size on one premises. The
36Department of Food and Agriculture shall limit the number of
37licenses allowed of this type.

38(9) Type 3B, or “mixed-light,” for cultivation using a
39combination of natural and supplemental artificial lighting at a
40maximum threshold to be determined by the licensing authority,
P8    1between 10,001 and 22,000 square feet, inclusive, of total canopy
2size on one premises. The Department of Food and Agriculture
3shall limit the number of licenses allowed of this type.

4(10) Type 4, or “nursery,” for cultivation of medical cannabis
5solely as a nursery. Type 4 licensees may transport live plants.

6

begin insert19333.end insert  

An employee engaged in commercial cannabis
7cultivation activity shall be subject to Wage Order 4-2001 of the
8Industrial Welfare Commission.

end insert
9begin insert

begin insertSEC. 2.end insert  

end insert

begin insertArticle 13 (commencing with Section 19350) is added
10to Chapter 3.5 of Division 8 of the end insert
begin insertBusiness and Professions Codeend insertbegin insert,
11to read:end insert

begin insert

12 

13Article begin insert13.end insert  Funding
14

 

15

begin insert19350.end insert  

Each licensing authority shall establish a scale of
16application, licensing, and renewal fees, based upon the cost of
17enforcing this chapter, as follows:

18(a) Each licensing authority shall charge each licensee a
19licensure and renewal fee, as applicable. The licensure and
20renewal fee shall be calculated to cover the costs of administering
21this chapter. The licensure fee may vary depending upon the
22varying costs associated with administering the various regulatory
23requirements of this chapter as they relate to the nature and scope
24of the different licensure activities, including, but not limited to,
25the track and trace program required pursuant to Section 19335,
26but shall not exceed the reasonable regulatory costs to the licensing
27authority.

28(b) The total fees assessed pursuant to this chapter shall be set
29at an amount that will fairly and proportionately generate sufficient
30total revenue to fully cover the total costs of administering this
31chapter.

32(c) All license fees shall be set on a scaled basis by the licensing
33authority, dependent on the size of the business.

34(d) The licensing authority shall deposit all fees collected in a
35fee account specific to that licensing authority, to be established
36in the Medical Marijuana Regulation and Safety Act Fund. Moneys
37in the licensing authority fee accounts shall be used, upon
38appropriation of the Legislature, by the designated licensing
39authority for the administration of this chapter.

P9    1

begin insert19351.end insert  

(a) The Medical Marijuana Regulation and Safety Act
2Fund is hereby established within the State Treasury. Moneys in
3the fund shall be available upon appropriation by the Legislature.
4Notwithstanding Section 16305.7 of the Government Code, the
5fund shall include any interest and dividends earned on the moneys
6in the fund.

7(b) (1) Funds for the establishment and support of the
8regulatory activities pursuant to this chapter shall be advanced
9as a General Fund or special fund loan, and shall be repaid by
10the initial proceeds from fees collected pursuant to this chapter
11or any rule or regulation adopted pursuant to this chapter, by
12January 1, 2022. Should the initial proceeds from fees not be
13sufficient to repay the loan, moneys from the Medical Cannabis
14Fines and Penalties Account shall be made available to the bureau,
15by appropriation of the Legislature, to repay the loan.

16(2) Funds advanced pursuant to this subdivision shall be
17appropriated to the bureau, which shall distribute the moneys to
18the appropriate licensing authorities, as necessary to implement
19the provisions of this chapter.

20(3) The Director of Finance may provide an initial operating
21loan from the General Fund to the Medical Marijuana Regulation
22and Safety Act Fund that does not exceed ten million dollars
23($10,000,000).

24(c) Except as otherwise provided, all moneys collected pursuant
25to this chapter as a result of fines or penalties imposed under this
26chapter shall be deposited directly into the Medical Marijuana
27Fines and Penalties Account, which is hereby established within
28the fund, and shall be available, upon appropriation by the
29Legislature to the bureau, for the purposes of funding the
30enforcement grant program pursuant to subdivision (d).

31(d) (1) The bureau shall establish a grant program to allocate
32moneys from the Medical Cannabis Fines and Penalties Account
33to state and local entities for the following purposes:

34(A) To assist with medical cannabis regulation and the
35enforcement of this chapter and other state and local laws
36applicable to cannabis activities.

37(B) For allocation to state and local agencies and law
38enforcement to remedy the environmental impacts of cannabis
39cultivation.

P10   1(2) The costs of the grant program under this subdivision shall,
2upon appropriation by the Legislature, be paid for with moneys
3in the Medical Cannabis Fines and Penalties Account.

4(3) The grant program established by this subdivision shall only
5be implemented after the loan specified in this section is repaid.

6

begin insert19352.end insert  

The sum of ten million dollars ($10,000,000) is hereby
7appropriated from the Medical Marijuana Regulation and Safety
8Act Fund to the Department of Consumer Affairs to begin the
9activities of the Bureau of Medical Marijuana Regulation. Funds
10appropriated pursuant to this section shall not include moneys
11received from fines or penalties.

end insert
12begin insert

begin insertSEC. 3.end insert  

end insert

begin insertArticle 17 (commencing with Section 19360) is added
13to Chapter 3.5 of Division 8 of the end insert
begin insertBusiness and Professions Codeend insertbegin insert,
14to read:end insert

begin insert

15 

16Article begin insert17.end insert  Penalties and Violations
17

 

18

begin insert19360.end insert  

(a) A person engaging in cannabis activity without a
19license and associated unique identifiers required by this chapter
20shall be subject to civil penalties of up to twice the amount of the
21license fee for each violation, and the department, state or local
22authority, or court may order the destruction of medical cannabis
23associated with that violation. Each day of operation shall
24constitute a separate violation of this section. All civil penalties
25imposed and collected pursuant to this section shall be deposited
26into the Marijuana Production and Environment Mitigation Fund
27established pursuant to Section 31013 of the Revenue and Taxation
28Code.

29(b) If an action for civil penalties is brought against a licensee
30pursuant to this chapter by the Attorney General, the penalty
31collected shall be deposited into the General Fund. If the action
32is brought by a district attorney or county counsel, the penalty
33collected shall be paid to the treasurer of the county in which the
34judgment was entered. If the action is brought by a city attorney
35or city prosecutor, the penalty collected shall be paid to the
36treasurer of the city or city and county in which the judgment was
37entered. If the action is brought by a city attorney and is
38adjudicated in a superior court located in the unincorporated area
39or another city in the same county, the penalty shall be paid
40one-half to the treasurer of the city in which the complaining
P11   1attorney has jurisdiction and one-half to the treasurer of the county
2in which the judgment is entered.

3(c) Notwithstanding subdivision (a), criminal penalties shall
4continue to apply to an unlicensed person or entity engaging in
5 cannabis activity in violation of this chapter, including, but not
6limited to, those individuals covered under Section 11362.7 of the
7Health and Safety Code.

end insert
8begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 12029 is added to the end insertbegin insertFish and Game Codeend insertbegin insert,
9to read:end insert

begin insert
10

begin insert12029.end insert  

(a) The Legislature finds and declares all of the
11following:

12(1) The environmental impacts associated with marijuana
13cultivation have increased, and unlawful water diversions for
14marijuana irrigation have a detrimental effect on fish and wildlife
15and their habitat, which are held in trust by the state for the benefit
16of the people of the state.

17(2) The remediation of existing marijuana cultivation sites is
18often complex and the permitting of these sites requires greater
19department staff time and personnel expenditures. The potential
20for marijuana cultivation sites to significantly impact the state’s
21fish and wildlife resources requires immediate action on the part
22of the department’s lake and streambed alteration permitting staff.

23(b) In order to address unlawful water diversions and other
24violations of the Fish and Game Code associated with marijuana
25cultivation, the department shall establish the watershed
26enforcement program to facilitate the investigation, enforcement,
27and prosecution of these offenses.

28(c) The department, in coordination with the State Water
29Resources Control Board, shall establish a permanent multiagency
30task force to address the environmental impacts of marijuana
31cultivation. The multiagency task force, to the extent feasible and
32subject to available Resources, shall expand its enforcement efforts
33on a statewide level to ensure the reduction of adverse impacts of
34marijuana cultivation on fish and wildlife and their habitats
35throughout the state.

36(d) In order to facilitate the remediation and permitting of
37marijuana cultivation sites, the department shall adopt regulations
38to enhance the fees on any entity subject to Section 1602 for
39marijuana cultivation sites that require remediation. The fee
P12   1schedule established pursuant to this subdivision shall not exceed
2the fee limits in Section 1609.

end insert
3begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 11362.769 is added to the end insertbegin insertHealth and Safety
4Code
end insert
begin insert, to read:end insert

begin insert
5

begin insert11362.769.end insert  

Indoor and outdoor medical marijuana cultivation
6shall be conducted in accordance with state and local laws related
7to land conversion, grading, electricity usage, water usage, water
8quality, woodland and riparian habitat protection, agricultural
9discharges, and similar matters. State agencies, including, but not
10limited to, the State Board of Forestry and Fire Protection, the
11Department of Fish and Wildlife, the State Water Resources
12Control Board, the California regional water quality control
13boards, and traditional state law enforcement agencies shall
14address environmental impacts of medical marijuana cultivation
15and shall coordinate, when appropriate, with cities and counties
16and their law enforcement agencies in enforcement efforts.

end insert
17begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 11362.777 is added to the end insertbegin insertHealth and Safety
18Code
end insert
begin insert, to read:end insert

begin insert
19

begin insert11362.777.end insert  

(a) The Department of Food and Agriculture shall
20establish a Medical Cannabis Cultivation Program to be
21administered by the secretary, except as specified in subdivision
22(c), shall administer this section as it pertains to the cultivation
23of medical marijuana. For purposes of this section and Chapter
243.5 (commencing with Section 19300) of the Business and
25Professions Code, medical cannabis is an agricultural product.

26(b) (1) A person or entity shall not cultivate medical marijuana
27without first obtaining both of the following:

28(A) A license, permit, or other entitlement, specifically
29permitting cultivation pursuant to these provisions, from the city,
30county, or city and county in which the cultivation will occur.

31(B) A state license issued by the department pursuant to this
32section.

33(2) A person or entity shall not submit an application for a state
34license issued by the department pursuant to this section unless
35that person or entity has received a license, permit, or other
36entitlement, specifically permitting cultivation pursuant to these
37provisions, from the city, county, or city and county in which the
38cultivation will occur.

39(3) A person or entity shall not submit an application for a state
40license issued by the department pursuant to this section if the
P13   1proposed cultivation of marijuana will violate the provisions of
2any local ordinance or regulation, or if medical marijuana is
3prohibited by the city, county, or city and county in which the
4cultivation is proposed to occur, either expressly or otherwise
5under principles of permissive zoning.

6(c) (1) Except as otherwise specified in this subdivision, and
7without limiting any other local regulation, a city, county, or city
8and county, through its current or future land use regulations or
9ordinance, may issue or deny a permit to cultivate medical
10marijuana pursuant to this section. A city, county, or city and
11county may inspect the intended cultivation site for suitability prior
12to issuing a permit. After the city, county, or city and county has
13approved a permit, the applicant shall apply for a state medical
14marijuana cultivation license from the department. A locally issued
15cultivation permit shall only become active upon licensing by the
16department and receiving final local approval. A person shall not
17cultivate medical marijuana prior to obtaining both a permit from
18the city, county, or city and county and a state medical marijuana
19cultivation license from the department.

20(2) A city, county, or city and county that issues or denies
21conditional licenses to cultivate medical marijuana pursuant to
22this section shall notify the department in a manner prescribed by
23the secretary.

24(3) A city, county, or city and county’s locally issued conditional
25permit requirements must be at least as stringent as the
26department’s state licensing requirements.

27(4) If a city, county, or city and county does not have land use
28regulations or ordinances regulating or prohibiting the cultivation
29of marijuana, either expressly or otherwise under principles of
30permissive zoning, or chooses not to administer a conditional
31 permit program pursuant to this section, then commencing March
321, 2016, the division shall be the sole licensing authority for
33medical marijuana cultivation applicants in that city, county, or
34city and county.

35(d) (1) The secretary may prescribe, adopt, and enforce
36regulations relating to the implementation, administration, and
37enforcement of this part, including, but not limited to, applicant
38requirements, collections, reporting, refunds, and appeals.

39(2) The secretary may prescribe, adopt, and enforce any
40emergency regulations as necessary to implement this part. Any
P14   1emergency regulation prescribed, adopted, or enforced pursuant
2to this section shall be adopted in accordance with Chapter 3.5
3(commencing with Section 11340) of Part 1 of Division 3 of Title
42 of the Government Code, and, for purposes of that chapter,
5including Section 11349.6 of the Government Code, the adoption
6of the regulation is an emergency and shall be considered by the
7Office of Administrative Law as necessary for the immediate
8preservation of the public peace, health and safety, and general
9welfare.

10(3) The secretary may enter into a cooperative agreement with
11a county agricultural commissioner to carry out the provisions of
12this chapter, including, but not limited to, administration,
13investigations, inspections, licensing and assistance pertaining to
14the cultivation of medical marijuana. Compensation under the
15cooperative agreement shall be paid from assessments and fees
16collected and deposited pursuant to this chapter and shall provide
17reimbursement to the county agricultural commissioner for
18associated costs.

19(e) (1) The department, in consultation with, but not limited to,
20the Bureau of Medical Marijuana Regulation, the State Water
21Resources Control Board, and the Department of Fish and Wildlife,
22shall implement a unique identification program for medical
23marijuana. In implementing the program, the department shall
24consider issues, including, but not limited to, water use and
25environmental impacts. In implementing the program, the
26department shall ensure that:

27(A) Individual and cumulative effects of water diversion and
28discharge associated with cultivation do not affect the instream
29flows needed for fish spawning, migration, and rearing, and the
30flows needed to maintain natural flow variability.

31(B) Cultivation will not negatively impact springs, riparian
32wetlands, and aquatic habitats.

33(2) The department shall establish a program for the
34identification of permitted medical marijuana plants at a cultivation
35site during the cultivation period. The unique identifier shall be
36attached at the base of each plant. A unique identifier, such as,
37but not limited to, a zip tie, shall be issued for each medical
38marijuana plant.

39(A) Unique identifiers will only be issued to those persons
40appropriately licensed by this section.

P15   1(B) Information associated with the assigned unique identifier
2and licensee shall be included in the trace and track program
3specified in Section 19335 of the Business and Professions Code.

4(C) The department may charge a fee to cover the reasonable
5costs of issuing the unique identifier and monitoring, tracking,
6and inspecting each medical marijuana plant.

7(D) The department may promulgate regulations to implement
8this section.

9(3) The department shall take adequate steps to establish
10protections against fraudulent unique identifiers and limit illegal
11diversion of unique identifiers to unlicensed persons.

12(f) (1) A city, county, or city and county that issues or denies
13licenses to cultivate medical marijuana pursuant to this section
14shall notify the department in a manner prescribed by the secretary.

15(2) Unique identifiers and associated identifying information
16administered by a city or county shall adhere to the requirements
17set by the department and be the equivalent to those administered
18by the department.

19(g) This section does not apply to a qualified patient cultivating
20marijuana pursuant to Section 11362.5 if the area he or she uses
21to cultivate marijuana does not exceed 100 square feet and he or
22she cultivates marijuana for his or her personal medical use and
23does not sell, distribute, donate, or provide marijuana to any other
24person or entity. This section does not apply to a primary caregiver
25cultivating marijuana pursuant to Section 11362.5 if the area he
26or she uses to cultivate marijuana does not exceed 500 square feet
27and he or she cultivates marijuana exclusively for the personal
28medical use of no more than five specified qualified patients for
29whom he or she is the primary caregiver within the meaning of
30Section 11362.7 and does not receive remuneration for these
31activities, except for compensation provided in full compliance
32with subdivision (c) of Section 11362.765. For purposes of this
33section, the area used to cultivate marijuana shall be measured
34by the aggregate area of vegetative growth of live marijuana plants
35on the premises. Exemption from the requirements of this section
36does not limit or prevent a city, county, or city and county from
37regulating or banning the cultivation, storage, manufacture,
38transport, provision, or other activity by the exempt person, or
39impair the enforcement of that regulation or ban.

end insert
40begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 13276 is added to the end insertbegin insertWater Codeend insertbegin insert, to read:end insert

begin insert
P16   1

begin insert13276.end insert  

(a) The multiagency task force, the Department of Fish
2and Wildlife and State Water Resources Control Board pilot project
3to address the Environmental Impacts of Cannabis Cultivation,
4assigned to respond to the damages caused by marijuana
5cultivation on public and private lands in California, shall continue
6its enforcement efforts on a permanent basis and expand them to
7a statewide level to ensure the reduction of adverse impacts of
8marijuana cultivation on water quality and on fish and wildlife
9throughout the state.

10(b) Each regional board shall, and the State Water Resources
11Control Board may, address discharges of waste resulting from
12medical marijuana cultivation and associated activities, including
13by adopting a general permit, establishing waste discharge
14requirements, or taking action pursuant to Section 13269. In
15addressing these discharges, each regional board shall include
16conditions to address items that include, but are not limited to, all
17of the following:

18(1) Site development and maintenance, erosion control, and
19drainage features.

20(2) Stream crossing installation and maintenance.

21(3) Riparian and wetland protection and management.

22(4) Soil disposal.

23(5) Water storage and use.

24(6) Irrigation runoff.

25(7) Fertilizers and soil.

26(8) Pesticides and herbicides.

27(9) Petroleum products and other chemicals.

28(10) Cultivation-related waste.

29(11) Refuse and human waste.

30(12) Cleanup, restoration, and mitigation.

end insert
31begin insert

begin insertSEC. 8.end insert  

end insert
begin insert

The provisions of this act are severable. If any
32provision of this act or its application is held invalid, that invalidity
33shall not affect other provisions or applications that can be given
34effect without the invalid provision or application.

end insert
35begin insert

begin insertSEC. 9.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution for certain
37costs that may be incurred by a local agency or school district
38because, in that regard, this act creates a new crime or infraction,
39eliminates a crime or infraction, or changes the penalty for a crime
40or infraction, within the meaning of Section 17556 of the
P17   1Government Code, or changes the definition of a crime within the
2meaning of Section 6 of Article XIII B of the California
3Constitution.

end insert
begin insert

4However, if the Commission on State Mandates determines that
5this act contains other costs mandated by the state, reimbursement
6to local agencies and school districts for those costs shall be made
7pursuant to Part 7 (commencing with Section 17500) of Division
84 of Title 2 of the Government Code.

end insert
9

begin deleteSEC. 2.end delete
10begin insertSEC. 10.end insert  

This measure shall become operative only if both
11Assembly Bill 266 and Senate Bill 643 of the 2015-16 Regular
12Session are enacted and become operative.

begin delete
13

SEC. 3.  

This act is an urgency statute necessary for the
14immediate preservation of the public peace, health, or safety within
15the meaning of Article IV of the Constitution and shall go into
16immediate effect. The facts constituting the necessity are:

17In order to address the damage done by illegal marijuana
18cultivation at the earliest time possible, it is necessary that this act
19take effect immediately.

end delete


O

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