BILL ANALYSIS Ó AB 1575 Page 1 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 | | AB 1575 Page 2 | | |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; AB 1575 Page 3 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 AB 1575 Page 4 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 AB 1575 Page 5 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 AB 1575 Page 6 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 AB 1575 Page 7 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 AB 1575 Page 8 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. AB 1575 Page 9 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. AB 1575 Page 10 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 AB 1575 Page 11