BILL ANALYSIS Ó
AB 243
Page 1
ASSEMBLY THIRD READING
AB
243 (Wood)
As Amended June 1, 2015
Majority vote
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|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 | |
| | | | |
| | | | |
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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
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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
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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
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crossings and growing pads, and fertilizer and pest control use.
Analysis Prepared by:
Victor Francovich / AGRI. / (916) 319-2084 FN:
0000559