BILL ANALYSIS Ó
AB 243
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Date of Hearing: April 15, 2015
ASSEMBLY COMMITTEE ON AGRICULTURE
Henry T. Perea, Chair
AB 243
(Wood) - As Amended April 8, 2015
SUBJECT: Medical marijuana cultivation.
SUMMARY: This bill would require all medical marijuana cultivation
(MMC) to be conducted in accordance with state and local laws and
best practices, as specified, and would require state agencies to
address environmental impacts of MMC and coordinate with local
governments in enforcement efforts. This bill establishes a MMC
permitting system. Specifically, this bill:
1)Requires all MMC 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 protection, agricultural discharges, and similar matters.
2)Requires 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 (State Water
Board), the California regional water quality control boards
(regional water boards), and traditional state law enforcement
agencies to address environmental impacts of MMC.
3)Requires state agencies, as specified above and when appropriate,
to coordinate with local governments and their law enforcement
agencies in enforcement efforts.
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4)Requires regional water boards to and to address waste discharge
resulting from MMC and associated activities by adopting a general
permit, establishing waste discharge standards or taking action
based on current waste discharge requirement laws
5)Allows the State Water Board to address waste discharge resulting
from MMC and associated activities by adopting a general permit,
establishing waste discharge standards or taking action based on
current waste discharge requirement laws.
6)Requires County Board of Supervisors (CBOS), by July 1, 2016 to
adopt an ordinance to implement a MMC wastewater discharge policy
or, by resolution, opt out of the being the entity in charge of
the MMC wastewater discharge policy.
a) Requires the Governor, when a county opts out as stated
above, to designate an appropriate state agency to implement a
MMC wastewater discharge policy in the respective county.
b) Defines designated state agency (DSA) as the agency selected
by the Governor to implement a MMC wastewater discharge policy
when the CBOS has opted out of MMC wastewater discharge policy.
7)Requires all qualified, as specified, medical marijuana (MM)
cultivators to do the following:
a) Obtain a MMC permit from the county sheriff or other
designated entity;
i) Requires the permit to specify the location and number
of MM plants allowed;
ii) Allows CBOS or DSA to charge a fee to cover cost of
issuing permits and caring out the requirements of the MMC
wastewater discharge policy; and,
iii) Requires permits to be renewed annually.
b) Requires each county to establish the number of MM plants
that can be cultivated at any location;
i) Requires MMC permits to be within a MMC specified zone,
with specified exemption for a residential home;
ii) Requires in counties where a DSA is in charge that the
maximum number of MM plants at a location is 99 or less; and,
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iii) Allows CBOS or DSA to set limits on the maximum square
footage cultivated at a location.
c) Requires outdoor MMC sites to be more than 100 feet from any
school offering any Kindergarten (K) through 12 grade
education;
i) Allows a county to expand this distance up to 1 mile;
ii) Requires all outdoor MMC sites to have a secure fence,
as specified;
iii) Requires all outdoor MMC sites to out of view of the
public; and,
iv) Requires all outdoor MMC sites that use lights to assist
in cultivation not to exceed 1,200 watts per 100 square feet
of cultivated area.
d) Requires indoor MMC sites to be more than 100 feet from any
school offering any K through 12 grade education;
e) Requires a residential MMC site to not exceed the number of
plants established by the county;
i) Requires in counties where a DSA is in charge the
maximum number of MM plants at a residential location is six
or less, unless the county has an ordinance allowing a higher
number;
ii) Requires areas specifically zoned for MMC in counties
that allow more than six MM plants at a residential site;
iii) Requires residential MMC sites to be more than 100 feet
from any school offering any K through 12 grade education;
and,
iv) Allows a county to expand this distance up to 1 mile.
f) Requires all buildings where MM is cultivated to be secure
from authorized entry;
g) Requires a county or DSA to issues zip ties for the
identification of MM plants;
i) Allows a county to designate the county sheriff to issue
zip ties;
ii) Requires the zip ties to be attached to the base of each
MM plant; and,
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iii) Allows the county or DSA to charge a fee to cover cost
of issuing zip ties, monitoring, tracking and inspecting the
MM plants, and caring out the requirement of the MMC
wastewater discharge policy.
h) Requires, at all MMC sites, a copy of a current and valid
state issued MM identification card to be displayed so that it
may be seen from outside a building or fenced area;
i) Allows a county or DSA to revoke or suspend a permit, deny
reissue or impose fines for violation of the MMC wastewater
discharge policy;
i) Allows a county to abate a violation by use of current
abatement laws and regulation; and,
ii) Allows a county to set maximum noise levels specifically
related to MMC.
8)Requires regional water boards, in addressing MMC discharges, to
include, but not limited to, the following conditions to be
addressed:
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;
aa) Refuse and human waste; and,
bb) Cleanup, restoration, and mitigation.
EXISTING LAW:
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1)Authorizes the use of marijuana for medical purposes.
2)Makes it a crime to plant, cultivate, harvest, dry, or process
marijuana, except as otherwise authorized by law, such as the
medical marijuana program.
3)Provides that the State Water Board and the regional water boards
are the principal state agencies with responsibility for the
coordination and control of water quality in the state.
FISCAL EFFECT: Unknown.
COMMENTS: Proposition 215 (Prop 215), the Compassionate Use Act of
1996, provides certain legal protections for qualified patients and
caregivers that possess or cultivate marijuana. In addition to Prop
215, the Legislature passed the Medical Marijuana Program Act, which
extends certain legal protections to those that collectively or
cooperatively cultivate marijuana for medical purposes.
There are limited environmental regulations for MMC, which have
caused environmental damage to the North Coast region of the State.
Last year, a thriving and healthy stream - Sproul Creek in the
County of Humboldt - went dry for the first time in a number of
years, which devastated the watershed's ecosystem. Sproul Creek is
also home to five endangered salmon species. State officials
believe that the stream went dry from illegal water diversions of
marijuana cultivators. According to a CDFW press media release " ?
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[state and local] agencies are concerned about potentially
significant pollutants entering the watershed from sediments,
pesticides, fertilizers and other contaminants that, when not
properly regulated or monitored, degrade the environment and
threaten native plants and wildlife."
In 2014, Governor Brown responded by approving $1.8 million to
create a pilot program in Northern California called the "Watershed
Enforcement Team" (WET). WET charged the State Water Board along
with the North Coast Regional Water Board to create guidelines that
address wastewater discharges from MMC. According to the author,
this bill continues the work of WET by establishing parameters that
can guide statewide standards and to create regulations around a
product that has never been regulated in California.
Supporters point out that the environmental degradation cause by
marijuana growers needs to be addressed. This bill addresses these
concerns by directing state agencies to coordinate a plan to address
impact on water quality and the local environment of MMC.
Opponents find several problems with this bill stating the
permitting structure is too prescriptive and would interfere with
lawful MM production. Prop 215 allows a MM patient, or a MM
patient's primary caregiver, to cultivate MM for use. By requiring
permits for residential MMC for individual use, an unnecessary
financial and administrative burden is placed on MM patients.
Furthermore, opponents state that in the case People vs. Kelly
(2010) Cal.41h 1008, 1013, the court held that numerical limits on
the number of MM plants were an unconstitutional legislative
amendment to Prop 215. The restriction on location of MMC, wattage
of lighting and specification for secure facilities is best left up
the local jurisdiction, according to opponents. Opponents state
while there is a need to find reasonable regulation for MMC, this
bill is too restrictive in its approach.
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RELATED LEGISLATION:
SB 1262 (Correa) of 2014 would have established a licensing and
regulatory framework for the cultivation, processing,
transportation, testing, recommendation and sale of medical
marijuana to be administered by the Bureau of Medical Marijuana
Regulation in the Department of Consumer Affairs. This bill was
held in the Assembly Committee on Appropriations.
AB 473 (Ammiano) of 2013 would have enacted the Medical Marijuana
Regulation and Control Act, and created the Division of Medical
Marijuana Regulation and Enforcement in order to regulate the
cultivation, manufacture, testing, transportation, distribution, and
sale of medical marijuana. This bill failed passage on the Assembly
floor.
AB 2284 (Chesbro), Chapter 390, Statutes of 2012, imposed an
additional civil penalty for cultivating marijuana within a state
park, and allowed law enforcement to stop any vehicle transporting
agricultural irrigation supplies into a specified area, if
agricultural irrigation supplies are in plain view.
REGISTERED SUPPORT / OPPOSITION:
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Support
Associated Students Council of Humboldt State University
Association of California Water Agencies
California Cattlemen's Association
California Forestry Association
California Narcotic Officers' Association
California Trout
Defenders of Wildlife
Humboldt Redwood Company
Rural County Representatives of California
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Sierra Club California
Sonoma County Water Agency
The Nature Conservancy
Trout Unlimited
Trust for Public Land
Opposition
American for Safe Access
California NORML
3 individuals
Analysis Prepared by:Victor Francovich / AGRI. / (916) 319-2084
AB 243
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