BILL ANALYSIS                                                                                                                                                                                                    Ó



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          ASSEMBLY THIRD READING


          AB  
          1575 (Bonta, et al.)


          As Amended  April 25, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Business &      |14-0 |Salas, Baker, Bloom,  |                    |
          |Professions     |     |Campos, Chávez,       |                    |
          |                |     |Dahle, Dodd, Eggman,  |                    |
          |                |     |Gatto, Gomez, Holden, |                    |
          |                |     |Mullin, Ting, Wood    |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Banking         |8-2  |Dababneh, Achadjian,  |Travis Allen, Gatto |
          |                |     |Bonilla, Brown, Chau, |                    |
          |                |     |Low,                  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Ridley-Thomas, Mark   |                    |
          |                |     |Stone                 |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |15-1 |Gonzalez, Bloom,      |Bigelow             |
          |                |     |Bonilla, Bonta,       |                    |
          |                |     |Calderon, Chang,      |                    |
          |                |     |Daly, Eggman, Eduardo |                    |








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          |                |     |Garcia, Roger         |                    |
          |                |     |Hernández, Holden,    |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  In 2015, California passed the Medical Marijuana  
          Regulation and Safety Act (Act), the first comprehensive  
          regulatory framework for medical cannabis in the state's  
          history.  This bill is follow-up legislation in order to  
          strengthen its original intent and goals.  This bill contains  
          numerous provisions related to medical cannabis (marijuana)  
          licensure and regulation.  Specifically, this bill:
          Makes a number of changes to the Act including:  exempting a  
          cultivator from sending medical cannabis to a distributor for  
          inspection if it is to be used, sold or provided to another  
          manufacture for further manufacturing; requires the Bureau of  
          Medical Cannabis Regulation (Bureau) to specify the manner in  
          which medical cannabis meant for wholesale purposes is required  
          to be packaged and sealed prior to transport, testing, quality  
          assurance, quality control testing, or distribution; specifies  
          that licensees with a nursery license may transport live  
          immature plants; requires dispensaries to require all medical  
          cannabis used for specified purposes to be stored out of reach  
          of any individual who is not employed by the dispensary;  
          requires the Bureau to establish regulations regarding delivery  
          of medical cannabis by a dispensary; specifies that fees  
          established by a licensing entity shall not limit any fees of  
          taxes imposed by a local municipality; requires a licensed  
          testing laboratory to analyze samples in the final form of  
          consumption using a valid methodology; specifies that it is not  
          a violation of state law or local ordinance or regulation for a  
          business or research institution with state authorization to  
          engage in the research of medical cannabis used for the medical  
          purposes; specifies that it is not a violation of state law for  
          certain licensees to sell medical cannabis under eight ounces;  








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          provides that activities that are in full compliance with the  
          Act are not subject to civil penalties as specified; provides  
          that an ordinance that regulates cannabis or medical cannabis  
          shall not require the consent of the Secretary of the California  
          Department of Food and Agriculture (CDFA); specifies that a  
          collective or cooperative may operate on a for-profit basis if  
          they possess a valid Board of Equalization (BOE) issued seller's  
          permit and a valid local license, permit, or other  
          authorization; requires the BOE in conjunction with the  
          Department of Business Oversight (DBO), to form an advisory  
          committee to examine strategies that will improve financial  
          monitoring of medical cannabis businesses, and report to the  
          Legislature by July 1, 2017; declares that it is unlawful to  
          display an advertisement for qualified patients or caregivers  
          without first verifying a valid Board of Equalization (BOE)  
          seller's permit; specifies that no individual or group may  
          cultivate or distribute cannabis other than what is specified in  
          the Act or the Compassionate Use Act (CUA); exempts any  
          commercial cannabis activity by a holder of a state license who  
          complies with the Act; specify that the Bureau is subject to  
          review by the appropriate policy committees of the Legislature,  
          commencing January 1, 2023; and makes several non-substantive  
          changes.  


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, this bill will result in: 


             1)   Minor staff costs to BOE and DBO to form an advisory  
               group and produce recommendations.


             2)   Initial costs to California Department of Public Health  
               (CDPH), CDFA, and the Bureau are funded through a  
               previously authorized General Fund (GF) loan to the Medical  
               Marijuana Regulation and Safety Act Fund, to be repaid  
               through licensure fee revenue.  Ongoing costs will be  
               funded through license fee revenue specific to the license  








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               type, once a licensing structure is established and fee  
               collection begins.


               a)     CDPH indicates additional requirements of this bill  
                 will be absorbed within existing planned workload.  A  
                 Budget Change Proposal (BCP) in the 2016-17 Governor's  
                 Budget requests $12 million for CDPH and 37 positions to  
                 be phased in over three fiscal years, starting with the  
                 current year.   


               b)     CDFA indicates exempting local ordinances from  
                 secretarial approval will be fiscally beneficial to the  
                 Department by reducing workload.  Other provisions will  
                 be absorbed within existing planned workload.  A BCP in  
                 the 2016-17 Governor's Budget requests $3.5 million for  
                 CDFA and 18 positions to begin in the current year.  


               c)     The Bureau may incur significant new staff costs  
                 related to promulgation, implementation, and enforcement  
                 of regulations noted above.  Start-up costs would be in  
                 the $160,000 and ongoing costs are $1.2 million.   
                 Information technology (IT) costs may also be significant  
                 but cannot be estimated at this time.  A BCP in the  
                 2016-17 Governor's Budget requests $1.6 million for the  
                 Bureau and 9.0 positions to begin in the current year,  
                 and $3.8 million and 25 positions in 2016-17, and $4  
                 million in 2017-18.


          COMMENTS:  The Compassionate Use Act of 1996 (CUA).  Proposition  
            215 was approved by California voters to exempt certain  
            patients and their primary caregivers from criminal liability  
            under state law for the possession and cultivation of  
            marijuana.  Proposition 215 was enacted to "ensure that  
            seriously ill Californians have the right to obtain and use  
            marijuana for medical purposes where that medical use is  








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            deemed appropriate and has been recommended by a physician who  
            has determined that the person's health would benefit from the  
            use of marijuana," and to "ensure that patients and their  
            primary caregivers who obtain and use marijuana for medical  
            purposes upon the recommendation of a physician are not  
            subject to criminal prosecution or sanction." 


          The Medical Marijuana Program Act.  SB 420 (Vasconcellos),  
          Chapter 875, Statutes of 2003, established the Medical Marijuana  
          Program Act (MMP).  The MMP, among other things, required the  
          CDPH to establish and maintain a program for a statewide  
          identification card system.  Medical marijuana identification  
          cards are intended to help law enforcement officers identify and  
          verify that cardholders are able to cultivate, possess, and  
          transport certain amounts of marijuana without being subject to  
          arrest under specific conditions.  All counties participate in  
          the identification card program; however, participation by  
          patients and primary caregivers in the identification card  
          program is voluntary.


          In 2008, the Attorney General issued guidelines to:  1) ensure  
          that marijuana grown for medical purposes remains secure and  
          does not find its way to non-patients or illicit markets, 2)  
          help law enforcement agencies perform their duties effectively  
          and in accordance with California law, and 3) help patients and  
          primary caregivers understand how they may cultivate, transport,  
          possess, and use medical marijuana under California law.


          Since the passage of Proposition 215, a flood of medical  
          marijuana collectives and cooperatives have created a patchwork  
          of local regulations for these industries and with little  
          statewide involvement.


          The Federal Controlled Substances Act.  Despite the CUA and SB  
          420, marijuana is still illegal under federal law.  Adopted in  








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          1970, the Controlled Substances Act (CSA) established a federal  
          regulatory system designed to combat recreational drug abuse by  
          making it unlawful to manufacture, distribute, dispense, or  
          possess any controlled substance.  (Title 21 United States Code  
          Section (USC) 801, et seq.)  Under California law, marijuana is  
          listed as a hallucinogenic substance in Schedule I of the  
          California Uniform Controlled Substances Act.  Yet, the CUA  
          prohibits prosecution for obtaining, distributing, or using  
          marijuana for medical purposes.  However, under the federal CSA,  
          it is unlawful for any person to manufacture, distribute,  
          dispense or possess a controlled substance, including marijuana,  
          whether or not it is for a medical purpose.  As a result,  
          patients, caregivers, and dispensary operators, who engage in  
          activities relating to medical marijuana, may still vulnerable  
          to federal arrest and prosecution.  


          Congress has provided that states are free to regulate in the  
          area of controlled substances, including marijuana, provided  
          that state law does not positively conflict with the CSA.   
          (Title 21 USC Section 903.)  Neither Proposition 215, nor the  
          MMP, conflicts with the CSA because medical marijuana use has  
          not been "legalized" medical marijuana in the state; instead,  
          California has tried to avoid this conflict by not pursuing the  
          state's powers to punish certain offenses when a physician has  
          recommended marijuana as a treatment for a serious medical  
          condition.


          Center for Medicinal Cannabis Research.  Health and Safety Code  
          section 11362.9 authorizes the creation of the Center for  
          Medical Cannabis Research (CMCR).  According to information  
          obtained from the CMCR, "The [CMCR] was created in 2000 to  
          conduct clinical and pre-clinical studies of cannabinoids,  
          including smoked marijuana, to provide evidence one way or the  
          other to answer the question "Does marijuana have therapeutic  
          value?"  To accomplish this objective, the CMCR issued calls for  
          applications from researchers at leading California  
          institutions, developed a close working relationship with state  








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          and federal agencies to gain regulatory approvals, established  
          panels of nationally-recognized experts to rigorously review the  
          merit of applications, and funded carefully designed studies  
          that have now been published in high impact scientific journals,  
          making significant contributions to the available literature on  
          cannabis and the cannabinoids."


          The CMCR further states, "As a result of this program of  
          systematic research, we now have reasonable evidence that  
          cannabis is a promising treatment in selected pain syndromes  
          caused by injury or diseases of the nervous system, and possibly  
          for painful muscle spasticity due to multiple sclerosis.   
          Obviously more research will be necessary to elucidate the  
          mechanisms of action and the full therapeutic potential of  
          cannabinoid compounds.  Meanwhile, the knowledge and new  
          findings from the CMCR provide a strong science-based context in  
          which policy makers and the public can discuss the place of  
          these compounds in medical care."


          The Medical Marijuana Regulation and Safety Act.  The Act  
          consisted of three separate bills which were enacted together on  
          Sept 11, 2015, to bring licensure and regulation to the medical  
          marijuana industry nearly 20 years after the passage of  
          Proposition 215 in 1996.  The bills created a comprehensive  
          state licensing system for the commercial cultivation,  
          manufacture, retail sale, transport, distribution, delivery, and  
          testing of medical cannabis.  In addition, the bills affirm  
          local control and require licensure by both a local government  
          and the state in order for a licensee to operate.  The Act went  
          into effect on January 1, 2016, although licensure requirements  
          will not go into effect until the regulatory entities  
          responsible for implementing the act pass necessary regulations.  
           


          Among other things, the Act establishes the new Bureau under the  
          Department of Consumer Affairs (DCA), which is responsible for  








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          licensing and regulating dispensaries, transporters, and  
          distributors.  In addition, the CDPH is responsible for  
          regulating manufacturers, testing laboratories, and the  
          production and labeling of edible medical marijuana products.   
          The CDFA is responsible for regulating cultivation, and other  
          state agencies, such as the Department of Pesticide Regulation  
          (DPR) and the State Water Resources Control Board (SWRCB), are  
          responsible for developing environmental standards.  


          Under the Act, applicants seeking licensure to cultivate,  
          distribute, or manufacture medical cannabis are required to  
          include a detailed description of the applicant's operating  
          procedures for cultivation, extraction and infusion methods,  
          transportation process, inventory procedures, and quality  
          control procedures.  


          According to the author, this bill would make a number of  
          changes to the Act including: 


          1)Allowance of For-Profit Model.  The bill permits medical  
            cannabis businesses to operate for-profit, not-for-profit, or  
            under any combination thereof.  It also clarifies that  
            existing collectives may operate for profit.  
          2)Refinements to Licenses.  The bill requires all testing to be  
            done on medicine in the form in which the patient will be  
            consuming it.  The bill also revises the dispensary license by  
            allowing both storefront and non-storefront (e.g.  not open to  
            the public) dispensaries to operate.  


            The bill allows direct transfer from cultivators to  
            dispensaries, and clarifies that a distributor can either  
            purchase or take custody of the medical cannabis.  The bill  
            also requires that distributors would only have to obtain  
            local licenses for their facilities.  









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            The bill requires nurseries to meet security standards for  
          transportation.  


          3)Access to Banking.  The bill requires the BOE to form an  
            advisory group of stakeholders to address access of medical  
            cannabis businesses to banking.  
            Requires the BOE, in conjunction with the DBO, to submit a  
            report to the Legislature with its findings.  Requires the DBO  
            to create financial monitoring certification for licensees  
            under the Act that further compliance with federal banking  
            laws and regulations.  Declares that it is not unlawful under  
            state law for financial institutions to offer banking services  
            to licensed medical cannabis businesses.


          4)Research and Development.  The bill allows for research  
            institutions and businesses to access limited amounts of  
            medical cannabis for research purposes.  Businesses interested  
            in research and development (R&D) will have to be located in  
            jurisdictions with permissive local ordinances and receive  
            separate local authorization to conduct such R&D.  
          5)Patient Protection.  The bill requires uniform packaging  
            safety standards to be developed by the CDPH, minimizing  
            inconsistencies across jurisdictions, while retaining local  
            control over advertising and appellations.


          6)Advertising.  The bill would require all licensees to submit  
            their license number when seeking advertising.  Additionally,  
            the bill would declare it unlawful for existing collectives  
            and cooperatives to advertise should they not possess a valid  
            BOE Seller's Permit, and make the violation of that provision  
            an infraction punishable by a $500 fine.


          7)Delivery.  The bill requires standards be set for delivery  
            drivers, including registering information with the bureau.   








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            It also clarifies that delivery is allowed unless expressly  
            prohibited by local government, and clarifies that delivery  
            drivers do not need to know the patient's condition, and that  
            a card issued pursuant to SB 420 is valid in lieu of a  
            doctor's recommendation.


          8)CDPH.  The bill requires the DPH to include scientists from  
            the industry and testing labs in developing regulations.  It  
            also requires the DPH to annually review and update their  
            testing standards based on the latest technology, including  
            DNA testing for contaminants.  It requires the DPH to conduct  
            periodic audits of testing labs to verify their results.


          9)Dual Licensure.  The bill indicates that the local license  
            must be received prior to issuance of the state license.  The  
            bill also notes that dual licensure is required one year  
            following the beginning of issuance of licenses, at the same  
            time SB 420 sunsets, instead of upon issuance of regulations,  
            which is prior to issuance of licenses.


          10)California Seed Law.  The bill clarifies that local  
            regulation of medical cannabis under the Act is not pre-empted  
            by California's seed law, which requires the Secretary of CDFA  
            approval of all local ordinances that regulated seeds prior to  
            them becoming operative.  


          Analysis Prepared by:                                             
                          Le Ondra Clark Harvey, Ph.D. / B. & P. / (916)  
                          319-3301                                  FN:  
          0003207













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