BILL NUMBER: AB 2516	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 22, 2016
	AMENDED IN ASSEMBLY  APRIL 6, 2016

INTRODUCED BY   Assembly Member Wood

                        FEBRUARY 19, 2016

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2516, as amended, Wood. Medical  marijuana: 
 cannabis:  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,   cannabis  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 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 
 between 2,501 and  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
  between 2,501 and  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   between 2,501 and 
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 mixed-light
cultivation, up to 25 plants for outdoor cultivation, or 500 square
feet or less of total canopy size for indoor cultivation, on one
premises.
   (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.
   (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.
   (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.
   (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.
   (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.
   (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.
   (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 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 
 between 2,501 and  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
  between 2,501 and  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   between 2,501 and 
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 mixed-light
cultivation, up to 25 plants for outdoor cultivation, or 500 square
feet or less of total canopy size for indoor cultivation, on one
premises.
   (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.
   (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.
   (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.
   (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.
   (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.
   (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.
   (11) Type 4, or "nursery," for cultivation of medical cannabis
solely as a nursery. Type 4 licensees may transport live plants.