BILL NUMBER: AB 2516	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wood

                        FEBRUARY 19, 2016

   An act to amend Section 19332 of the Business and Professions
Code, relating to medical marijuana.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2516, as introduced, Wood. Medical marijuana: state cultivator
license types: specialty cottage type.
   The Medical Marijuana Regulation and Safety Act provides for the
licensure and regulation of commercial activities relating to medical
marijuana, and establishes various types of state cultivator
licenses to be issued to qualified applicants by the Department of
Food and Agriculture.
   This bill would also provide for the issuance of a Type 1C, or
"specialty cottage," state cultivator license, as specified, by the
Department of Food and Agriculture.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19332 of the Business and Professions Code, as
added by Section 1 of Chapter 688 of the Statutes of 2015, is amended
to read:
   19332.  (a) The Department of Food and Agriculture shall
promulgate regulations governing the licensing of indoor and outdoor
cultivation sites.
   (b) The Department of Pesticide Regulation, in consultation with
the Department of Food and Agriculture, shall develop standards for
the use of pesticides in cultivation, and maximum tolerances for
pesticides and other foreign object residue in harvested cannabis.
   (c) The State Department of Public Health shall develop standards
for the production and labeling of all edible medical cannabis
products.
   (d) The Department of Food and Agriculture, in consultation with
the Department of Fish and Wildlife and the State Water Resources
Control Board, shall ensure that individual and cumulative effects of
water diversion and discharge associated with cultivation do not
affect the instream flows needed for fish spawning, migration, and
rearing, and the flows needed to maintain natural flow variability.
   (e) The Department of Food and Agriculture shall have the
authority necessary for the implementation of the regulations it
adopts pursuant to this chapter. The regulations shall do all of the
following:
   (1) Provide that weighing or measuring devices used in connection
with the sale or distribution of medical cannabis are required to
meet standards equivalent to Division 5 (commencing with Section
12001).
   (2) Require that cannabis cultivation by licensees is conducted in
accordance with state and local laws related to land conversion,
grading, electricity usage, water usage, agricultural discharges, and
similar matters. Nothing in this chapter, and no regulation adopted
by the  department,   Department of Food and
Agriculture,  shall be construed to supersede or limit the
authority of the State Water Resources Control Board, regional water
quality control boards, or the Department of Fish and Wildlife to
implement and enforce their statutory obligations or to adopt
regulations to protect water quality, water supply, and natural
resources.
   (3) Establish procedures for the issuance and revocation of unique
identifiers for activities associated with a cannabis cultivation
license, pursuant to Article 8 (commencing with Section 19337). All
cannabis shall be labeled with the unique identifier issued by the
Department of Food and Agriculture.
   (4) Prescribe standards, in consultation with the bureau, for the
reporting of information as necessary related to unique identifiers,
pursuant to Article 8 (commencing with Section 19337).
   (f) The Department of Pesticide Regulation, in consultation with
the State Water Resources Control Board, shall promulgate regulations
that require that the application of pesticides or other pest
control in connection with the indoor or outdoor cultivation of
medical cannabis meets standards equivalent to Division 6 (commencing
with Section 11401) of the Food and Agricultural Code and its
implementing regulations.
   (g) State cultivator license types issued by the Department of
Food and Agriculture include:
   (1) Type 1, or "specialty outdoor," for outdoor cultivation using
no artificial lighting of less than or equal to 5,000 square feet of
total canopy size on one premises, or up to 50 mature plants on
noncontiguous plots.
   (2) Type 1A, or "specialty indoor," for indoor cultivation using
exclusively artificial lighting of less than or equal to 5,000 square
feet of total canopy size on one premises.
   (3) Type 1B, or "specialty mixed-light," for cultivation using a
combination of natural and supplemental artificial lighting at a
maximum threshold to be determined by the licensing authority, of
less than or equal to 5,000 square feet of total canopy size on one
premises. 
   (4) Type 1C, or "specialty cottage," for cultivation using a
combination of natural and supplemental artificial lighting at a
maximum threshold to be determined by the licensing authority, of
2,500 square feet or less of total canopy size for outdoor
cultivation, or 500 square feet or less of total canopy size for
indoor cultivation, on one premises.  
   (4) 
    (5)  Type 2, or "small outdoor," for outdoor cultivation
using no artificial lighting between 5,001 and 10,000 square feet,
inclusive, of total canopy size on one premises. 
   (5) 
    (6)  Type 2A, or "small indoor," for indoor cultivation
using exclusively artificial lighting between 5,001 and 10,000 square
feet, inclusive, of total canopy size on one premises. 
   (6) 
    (7)  Type 2B, or "small mixed-light," for cultivation
using a combination of natural and supplemental artificial lighting
at a maximum threshold to be determined by the licensing authority,
between 5,001 and 10,000 square feet, inclusive, of total canopy size
on one premises. 
   (7) 
    (8)  Type 3, or "outdoor," for outdoor cultivation using
no artificial lighting from 10,001 square feet to one acre,
inclusive, of total canopy size on one premises. The Department of
Food and Agriculture shall limit the number of licenses allowed of
this type. 
   (8) 
    (9)  Type 3A, or "indoor," for indoor cultivation using
exclusively artificial lighting between 10,001 and 22,000 square
feet, inclusive, of total canopy size on one premises. The Department
of Food and Agriculture shall limit the number of licenses allowed
of this type. 
   (9) 
    (10)  Type 3B, or "mixed-light," for cultivation using a
combination of natural and supplemental artificial lighting at a
maximum threshold to be determined by the licensing authority,
between 10,001 and 22,000 square feet, inclusive, of total canopy
size on one premises. The Department of Food and Agriculture shall
limit the number of licenses allowed of this type. 
   (10) 
    (11)  Type 4, or "nursery," for cultivation of medical
cannabis solely as a nursery. Type 4 licensees may transport live
plants.
  SEC. 2.  Section 19332 of the Business and Professions Code, as
added by Section 13 of Chapter 719 of the Statutes of 2015, is
amended to read:
   19332.  (a) The Department of Food and Agriculture shall
promulgate regulations governing the licensing of indoor and outdoor
cultivation sites.
   (b) The Department of Pesticide Regulation, in consultation with
the Department of Food and Agriculture, shall develop standards for
the use of pesticides in cultivation, and maximum tolerances for
pesticides and other foreign object residue in harvested cannabis.
   (c) The State Department of Public Health shall develop standards
for the production and labeling of all edible medical cannabis
products.
   (d) The Department of Food and Agriculture, in consultation with
the Department of Fish and Wildlife and the State Water Resources
Control Board, shall ensure that individual and cumulative effects of
water diversion and discharge associated with cultivation do not
affect the instream flows needed for fish spawning, migration, and
rearing, and the flows needed to maintain natural flow variability.
   (e) The Department of Food and Agriculture shall have the
authority necessary for the implementation of the regulations it
adopts pursuant to this chapter. The regulations shall do all of the
following:
   (1) Provide that weighing or measuring devices used in connection
with the sale or distribution of medical cannabis are required to
meet standards equivalent to Division 5 (commencing with Section
12001).
   (2) Require that cannabis cultivation by licensees is conducted in
accordance with state and local laws related to land conversion,
grading, electricity usage, water usage, agricultural discharges, and
similar matters. Nothing in this chapter, and no regulation adopted
by the  department,   Department of Food and
Agriculture,  shall be construed to supersede or limit the
authority of the State Water Resources Control Board, regional water
quality control boards, or the Department of Fish and Wildlife to
implement and enforce their statutory obligations or to adopt
regulations to protect water quality, water supply, and natural
resources.
   (3) Establish procedures for the issuance and revocation of unique
identifiers for activities associated with a cannabis cultivation
license, pursuant to Article 8 (commencing with Section 19337). All
cannabis shall be labeled with the unique identifier issued by the
Department of Food and Agriculture.
   (4) Prescribe standards, in consultation with the bureau, for the
reporting of information as necessary related to unique identifiers,
pursuant to Article 8 (commencing with Section 19337).
   (f) The Department of Pesticide Regulation, in consultation with
the State Water Resources Control Board, shall promulgate regulations
that require that the application of pesticides or other pest
control in connection with the indoor or outdoor cultivation of
medical cannabis meets standards equivalent to Division 6 (commencing
with Section 11401) of the Food and Agricultural Code and its
implementing regulations.
   (g) State cultivator license types issued by the Department of
Food and Agriculture include:
   (1) Type 1, or "specialty outdoor," for outdoor cultivation using
no artificial lighting of less than or equal to 5,000 square feet of
total canopy size on one premises, or up to 50 mature plants on
noncontiguous plots.
   (2) Type 1A, or "specialty indoor," for indoor cultivation using
exclusively artificial lighting of less than or equal to 5,000 square
feet of total canopy size on one premises.
   (3) Type 1B, or "specialty mixed-light," for cultivation using a
combination of natural and supplemental artificial lighting at a
maximum threshold to be determined by the licensing authority, of
less than or equal to 5,000 square feet of total canopy size on one
premises. 
   (4) Type 1C, or "specialty cottage," for cultivation using a
combination of natural and supplemental artificial lighting at a
maximum threshold to be determined by the licensing authority, of
2,500 square feet or less of total canopy size for outdoor
cultivation, or 500 square feet or less of total canopy size for
indoor cultivation, on one premises.  
   (4) 
    (5)  Type 2, or "small outdoor," for outdoor cultivation
using no artificial lighting between 5,001 and 10,000 square feet,
inclusive, of total canopy size on one premises. 
   (5) 
    (6)  Type 2A, or "small indoor," for indoor cultivation
using exclusively artificial lighting between 5,001 and 10,000 square
feet, inclusive, of total canopy size on one premises. 
   (6) 
    (7)  Type 2B, or "small mixed-light," for cultivation
using a combination of natural and supplemental artificial lighting
at a maximum threshold to be determined by the licensing authority,
between 5,001 and 10,000 square feet, inclusive, of total canopy size
on one premises. 
   (7) 
    (8)  Type 3, or "outdoor," for outdoor cultivation using
no artificial lighting from 10,001 square feet to one acre,
inclusive, of total canopy size on one premises. The Department of
Food and Agriculture shall limit the number of licenses allowed of
this type. 
   (8) 
    (9)  Type 3A, or "indoor," for indoor cultivation using
exclusively artificial lighting between 10,001 and 22,000 square
feet, inclusive, of total canopy size on one premises. The Department
of Food and Agriculture shall limit the number of licenses allowed
of this type. 
   (9) 
    (10)  Type 3B, or "mixed-light," for cultivation using a
combination of natural and supplemental artificial lighting at a
maximum threshold to be determined by the licensing authority,
between 10,001 and 22,000 square feet, inclusive, of total canopy
size on one premises. The Department of Food and Agriculture shall
limit the number of licenses allowed of this type. 
   (10) 
    (11)  Type 4, or "nursery," for cultivation of medical
cannabis solely as a nursery. Type 4 licensees may transport live
plants.