Amended in Senate August 19, 2016

Amended in Assembly April 28, 2016

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 medical marijuana.

LEGISLATIVE COUNSEL’S DIGEST

AB 2300, as amended, Wood. Medical 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 a location at which smoking is prohibited by law.

This bill would also state that the Medical Marijuana Program does not authorize the smoking of medical marijuana where smoking is prohibited by a landlord, as specified. begin insert The bill would authorize a landlord to restrict the smoking or vaporization of medical marijuana within or adjacent to a dwelling unit or other building on the property, provided that the landlord does not impose conditions or prohibitions that effectively deny a patient the ability to end insert begin insert vaporize medical marijuana, as recommended by a physician, if the patient is under the care of a parent, guardian, or primary caregiver, as defined. 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 location at which smoking is prohibited by begin delete law or
prohibited by a landlord pursuant to, and subject to the same
restrictions set forth in, Section 1947.5 of the Civil Code. end delete begin insert law. end insert

begin insert

(b) In a location prohibited by the landlord of a residential
dwelling unit pursuant to, and subject to the same restrictions set
forth in, Section 1947.5 of the Civil Code. A landlord may restrict
the smoking or vaporization of medical marijuana within or
adjacent to a dwelling unit or other building on the property,
provided that the landlord does not impose conditions or
prohibitions that effectively deny a patient the ability to vaporize
medical marijuana, as recommended by a physician for medical
purposes, if the patient is under the care of a parent, guardian, or
primary caregiver as defined in paragraph (1) of subdivision (d)
of Section 11362.7.

end insert begin delete

(b)

end delete

begin insert (c) end insert  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

(c)

end delete

begin insert (d) end insert  On a schoolbus.

begin delete

(d)

end delete

begin insert (e) end insert  While in a motor vehicle that is being operated.

begin delete

(e)

end delete

begin insert (f) end insert  While operating a boat.