Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2300

Introduced by Assembly Member Wood

February 18, 2016

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

LEGISLATIVE COUNSEL’S DIGEST

AB 2300, as amended, Wood. begin delete Marijuana. end delete begin insert Medical marijuana. end insert

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 begin delete 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. end delete begin insert in a location at which smoking is prohibited by law. end insert

This bill would begin delete 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. end delete begin insert also state that the Medical Marijuana Program does not authorize the smoking of medical marijuana where smoking is prohibited by a landlord, as specified. end insert

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

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

SECTION 1.  

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

11362.79.  

This article does not authorize a qualified patient or
person with an identification card to engage in the smoking of
medical marijuana under any of the following circumstances:

(a)  In any begin delete place where end delete begin insert location at which end insert smoking is prohibited
by begin delete law. end delete begin insert law or prohibited by a landlord pursuant to Section 1947.5
of the Civil Code. end insert

(b)  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. begin delete A city council or board of supervisors may increase this
distance up to one mile. end delete

(c)  On a schoolbus.

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

(e)  While operating a boat.