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









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