California Legislature—2015–16 Regular Session

Assembly BillNo. 2300


Introduced by Assembly Member Wood

February 18, 2016


An act to amend Section 11362.79 of the Health and Safety Code, relating to marijuana.

LEGISLATIVE COUNSEL’S DIGEST

AB 2300, as introduced, Wood. Marijuana.

Existing law, the Medical Marijuana Program, requires the State Department of Public Health to establish and maintain a voluntary program for the issuance of identification cards to qualified patients who satisfy specified requirements with respect to the use of medical marijuana. Existing law provides that the Medical Marijuana Program does not authorize a person with an identification card to smoke medical marijuana under specified circumstances, including in or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence.

This bill would authorize a city council or a board of supervisors to prohibit the smoking of medical marijuana within 1 mile of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 11362.79 of the Health and Safety Code
2 is amended to read:

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11362.79.  

begin deleteNothing in this article shall end deletebegin insertThis article does not end insert
2authorize a qualified patient or person with an identification card
3to engage in the smoking of medical marijuana under any of the
4following circumstances:

5(a)  In any place where smoking is prohibited by law.

6(b)  In or within 1,000 feet of the grounds of a school, recreation
7center, or youth center, unless the medical use occurs within a
8residence.begin insert A city council or board of supervisors may increase this
9distance up to one mile.end insert

10(c)  On a schoolbus.

11(d)  While in a motor vehicle that is being operated.

12(e)  While operating a boat.



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