BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 243| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 243 Author: Wood (D), et al. Amended: 9/1/15 in Senate Vote: 27 - Urgency SENATE GOVERNANCE & FIN. COMMITTEE: 5-0, 7/8/15 AYES: Hertzberg, Beall, Hernandez, Lara, Pavley NO VOTE RECORDED: Nguyen, Moorlach SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-0, 7/15/15 AYES: Wieckowski, Hill, Jackson, Leno, Pavley NO VOTE RECORDED: Gaines, Bates SENATE APPROPRIATIONS COMMITTEE: 5-0, 8/27/15 AYES: Lara, Beall, Hill, Leyva, Mendoza NO VOTE RECORDED: Bates, Nielsen ASSEMBLY FLOOR: 60-15, 6/3/15 - See last page for vote SUBJECT: Medical marijuana cultivation SOURCE: Author DIGEST: This bill states the Legislature's intent to enact legislation that would establish, a dedicated funding source to address environmental damages resulting from illegal cannabis cultivation. ANALYSIS: Existing law: 1)Establishes the Compassionate Use Act, which: AB 243 Page 2 a) Authorizes the use and cultivation of marijuana for medical purposes. b) Allows qualified patients, persons with valid identification cards and the designated primary caregivers of qualified patients and persons with identification cards, who associate in order collectively and cooperatively to cultivate marijuana for medical purposes, are not subject to criminal sanctions solely on the basis of that fact. c) Makes it a crime to plant, cultivate, harvest, dry, or process marijuana, except as otherwise authorized by law. 1)Allows patients and primary caregivers to collectively and cooperatively cultivate medical marijuana and established a medical marijuana card program for patients to use on a voluntary basis. 2)Regulates various aspects of agricultural production, including water use, pesticide use and land use. 3)Allows local governments, through their police power, to regulate, restrict, or ban the cultivation or distribution of marijuana within their jurisdictions. This bill: 1)States the Legislature's intent to enact legislation that would establish a dedicated funding source, to address environmental damages resulting from illegal cannabis cultivation. 2)Makes the enactment of the bill contingent on the enactment of AB 266 (Bonta) and SB 643 (McGuire). Background The Compassionate Use Act and SB 420. In 1996, voters approved Proposition 215, known as the Compassionate use Act of 1996 (CUA). The CUA allowed patients and primary caregivers to obtain and use medical marijuana, as recommended by a physician and prohibited physicians from being punished or denied any AB 243 Page 3 right or privilege for making a medical marijuana recommendation to a patient. In 2003, SB 420 (Vasconcellos, Chapter 875) allowed patients and primary caregivers to collectively and cooperatively cultivate medical marijuana and established a medical marijuana card program for patients to use on a voluntary basis. However, since the passage of Proposition 215 and SB 420, the state has not adopted a framework to provide for appropriate licensure and regulation of medical marijuana. In addition, despite the CUA and SB 420, marijuana is still illegal under state and federal law. Local authority over medical marijuana. By exempting qualified patients and caregivers from prosecution for using or from collectively, or cooperatively cultivating medical marijuana, the CUA and SB 420 essentially authorized the cultivation and use of medical marijuana. These laws have triggered the growth of medical marijuana dispensaries in many localities and in response, local governments have sought to exercise their police powers to regulate, or ban activities relating to medical marijuana. After numerous court cases and years of uncertainty relating to the ability of local governments to control medical marijuana activities, particularly relating to the ability to control the zoning, operation and existence of medical marijuana dispensaries, the California Supreme Court (Court), in City of Riverside v. Inland Empire Patients (2013) 56 Cal. 4th 729, held that California's medical marijuana statutes do not preempt a local ban on facilities that distribute medical marijuana. The Court held that nothing in the CUA or SB 420 expressly or impliedly limited the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land, including the authority to provide that facilities for the distribution of medical marijuana will not be permitted to operate within its borders. Accordingly, many California jurisdictions, roughly estimated by the League of California Cities at 50% pending completion of a statewide survey, ban the cultivation and sale of medical marijuana altogether. Environmental concerns. According to some estimates, there are 30,000 cultivation sites in the tri-county area of Humboldt-Mendocino-Trinity, and an additional 10,000 or more cultivation sites elsewhere in California. As a result, California land, watersheds and some species have been AB 243 Page 4 significantly damaged by some cultivation operations. "Trespass grows", which cultivate marijuana without permission on public, tribal or privately owned land, have been associated with wildlife poisoning, use and dumping of fertilizers and pesticides, illegal water diversions and water pollution, logging and land disturbance and severe problems with garbage and human waste. These industrial-size marijuana grows, taking place in the National Forests and on private timberland in some of the state's most remote and ecologically sensitive areas, are the subject of a recent study by the California Department of Fish and Wildlife (CDFW), "Impacts of Surface Water Diversions for Marijuana Cultivation on Aquatic Habitat in Four Northwestern California Watershed," which showed that during drought conditions, water demand for marijuana cultivation exceeded stream flow in three of four study watersheds and that diminished stream flow from this water-intensive activity is likely to have lethal to sub-lethal effects on salmon and steelhead trout, which are listed under the state and federal Endangered Species Acts and cause further decline of sensitive amphibian species. In response, the Budget Act of 2014 appropriated resources for both CDFW and the State Water Resources Control Board, to reduce environmental damage caused by marijuana cultivation on private and high value state-owned public lands in California. A total of $3.3 million was allocated to the two agencies to create a multi-disciplinary Marijuana Task Force and to implement a priority-driven approach, to address the natural resources damages from marijuana cultivation on private lands in northern California and on high conservation value public lands. This program was authorized as a pilot program for five years. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No According to the Senate Appropriations Committee, this bill has no fiscal impact. AB 243 Page 5 SUPPORT: (Verified9/1/15) California Forestry Association California League of Conservation Voters California Trout County of Humboldt Board of Supervisors County of Mendocino Board of Supervisors County of Sonoma Board of Supervisors County of Trinity Supervisor John Fenley Emerald Growers Association Mendocino County Sheriff's Office Sierra Club California Small Farmers Association Sonoma County Water Agency Trust for Public Land OPPOSITION: (Verified9/1/15) CaliforniaNORML Urban Counties Caucus ASSEMBLY FLOOR: 60-15, 6/3/15 AYES: Alejo, Bigelow, Bloom, Bonilla, Bonta, Brown, Burke, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Lackey, Levine, Lopez, Low, Maienschein, McCarty, Medina, Mullin, Nazarian, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NOES: Achadjian, Travis Allen, Baker, Brough, Chávez, Beth Gaines, Gatto, Grove, Harper, Kim, Linder, Mathis, Melendez, Obernolte, Steinorth NO VOTE RECORDED: Calderon, Campos, Chang, Dahle, Mayes Prepared by:Anton Favorini-Csorba / GOV. & F. / (916) 651-4119 AB 243 Page 6 9/1/15 21:19:38 **** END ****