BILL ANALYSIS Ó AB 243 Page 1 ASSEMBLY THIRD READING AB 243 (Wood) As Amended June 1, 2015 Majority vote ------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | | | | | | | | | | | |----------------+------+--------------------+----------------------| |Agriculture |6-2 |Perea, Cooper, |Gallagher, Grove | | | |Dodd, Eggman, | | | | |Irwin, Quirk | | | | | | | |----------------+------+--------------------+----------------------| |Environmental |6-0 |Alejo, Gallagher, | | |Safety | |Gonzalez, Gray, | | | | |McCarty, Ting | | | | | | | |----------------+------+--------------------+----------------------| |Appropriations |13-1 |Gomez, Bonta, |Bigelow | | | |Calderon, Daly, | | | | |Eggman, Gallagher, | | | | |Eduardo Garcia, | | | | |Gordon, Holden, | | | | |Quirk, Rendon, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------- AB 243 Page 2 SUMMARY: This bill establishes a new regulatory regime for medical marijuana cultivation (MMC), based on the current pilot project conducted by the State Water Resources Control Board (WRCB) and the Department of Fish and Wildlife (DFW), to address environmental impacts and expand enforcement efforts statewide. Specifically, this bill: 1)Requires cities and counties, by July 1, 2016, to adopt an ordinance to implement the requirements of this bill, or adopt a resolution to opt out of being the responsible entity for implementing the requirements of this bill; and, requires the Governor to designate an appropriate state agency to implement the requirements of the bill in each city and county that opts out of responsibility. 2)Requires all qualified persons associated with legal MMC to obtain a permit from the local designated agency or state agency that specifies the location and number of plants authorized to be grown at the location; and, authorizes the relevant agency to charge an administrative fee to cover the costs of permit issuances. 3)Limits the maximum number of plants that may be authorized at a site to 99; prohibits outdoor MMC from being within 100 feet of a home or school, but authorizes a city or county to increase that distance to a mile; and, requires cultivation sites to be enclosed with a six foot tall fence and out of sight from the public. 4)Limits the number of plants at a residential home to six unless the city or county adopts a higher limit; prohibits residential MMC from being within 100 feet of a school, but authorizes a city or county to increase that distance to one mile; and, requires buildings where marijuana is cultivated or stored to be AB 243 Page 3 properly secured. 5)Requires relevant agencies to distribute unique identifiers for marijuana plant identification and authorizes the agencies to charge administrative fees to cover the cost of issuing unique identifiers and monitoring, tracking, and inspecting the plants; and, requires a copy of a valid state-issued medical marijuana identification card or physician recommendation to be displayed at cultivation sites. 6)Exempts qualified patients MMC under the Compassionate Use Act of 1996 (Proposition 215) if they are cultivating for personal medical use and do not sell, distribute, donate, or otherwise provide marijuana to any other person or entity, and exempts primary caregivers for medical use for up to five qualified patients. 7)Authorizes the relevant agencies to revoke or suspend a permit, deny issuance of a permit or impose fines for violations; permits cities and counties to enact more restrictive ordinances, including complete prohibition, on MMC, and does not preclude any existing city or county ordinances on MMC. 8)Requires regional water boards and WRCB to address waste discharges resulting from MMC, including establishing new waste discharge requirements. FISCAL EFFECT: According to the Assembly Appropriations Committee, annual General Fund costs in excess of $6 million to WRCB and DFW to expand enforcement efforts and implementation. Eventually costs would be funded from permit fees. COMMENTS: Proposition 215 provides certain legal protections for AB 243 Page 4 qualified patients and caregivers that possess or cultivate marijuana. In addition to Proposition 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. According to the author, medical marijuana growers operate in a gray area between conflicting state and federal law, which has precluded the establishment of regulations to protect vulnerable watersheds and prevent other environmental damage. This bill is intended to establish basic regulations for the cultivation of medical marijuana, including a program to track medical marijuana plants. The author believes tracking plants will allow state and local law enforcement to quickly identify legal and illegal plants, and the regulatory structure will help prevent environmental damage, particularly to the North Coast. According to ArcView Group, a marijuana research and investment firm, marijuana legalization advocacy groups have already planned for legalization ballot initiatives in at least six states in 2016, including California. Growth in demand for legal marijuana has led to substantial increases in cultivation. The United States Forest Service indicates illicit and unregulated marijuana cultivation has led to uncontrolled use of pesticides, logging, illegal waterway diversions, habitat destruction, and toxic waste discharges in Northern California. The pilot project, funded in the 2013-14 Budget, has four primary components: 1) development of a regulatory program; 2) targeted enforcement in high value watersheds; 3) education and outreach to cultivators about best practices; and, 4) multi-agency coordination at the state level. WRCB is in the process of developing and promulgating waste discharge permits for MMC, which will eventually require all MMCs to pay a fee and comply with certain terms, including water conservation measures, site operations plans, fuel storage and maintenance, appropriate stream AB 243 Page 5 crossings and growing pads, and fertilizer and pest control use. Analysis Prepared by: Victor Francovich / AGRI. / (916) 319-2084 FN: 0000559