BILL ANALYSIS Ó
AB 2516
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Date of Hearing: April 13, 2016
ASSEMBLY COMMITTEE ON AGRICULTURE
Bill Dodd, Chair
AB 2516
(Wood) - As Amended April 6, 2016
SUBJECT: Medical marijuana: state cultivator license types:
specialty cottage type.
SUMMARY: This bill would provide for a Type 1C, or "specialty
cottage," state cultivator license to be issued by the
California Department of Food and Agriculture (CDFA), as
specified, under the authority of the Medical Marijuana
Regulation and Safety Act (MMRSA). Specifically, this bill:
1)Allows CDFA to issues a Type 1C, or "specialty cottage"
license, for cultivation of medical marijuana (MM) 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 premise, as specified.
2)Makes technical changes.
EXISTING LAW:
1)Provides certain legal protections for qualified patients and
AB 2516
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caregivers that possess or cultivate MM.
2)Provides for the licensure of commercial MM activities.
3)Establishes various types of state MM cultivator licenses and
tasks CDFA with issuing licenses to qualified applicants.
FISCAL EFFECT: Unknown.
COMMENTS: Proposition 215, the Compassionate Use Act of 1996,
provides certain legal protections for qualified patients and
caregivers that possess or cultivate marijuana. In addition to
Proposition 215, the Legislature passed the Medical Marijuana
Program Act, which extends certain legal protections to those
that collectively or cooperatively cultivate marijuana for
medical purposes.
Last year AB 243 (Wood), Chapter 688, Statutes of 2015; AB 266
(Bonta), Chapter 689, Statutes of 2015; and, SB 643 (McGuire),
Chapter 719, Statutes of 2015, created MMRSA, a comprehensive
licensing and regulatory framework for the cultivation,
manufacture, transportation, storage, distribution, and sale of
MM. MMRSA created a tiered licensing structure for cannabis
cultivators. Each license specifies the maximum size. The
smallest license tier is less than or equal to 5,000 square feet
or less than or equal to 50 mature plants on noncontiguous
plots.
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The author states many MM farmers across California grow only a
handful of plants on relatively small plots of land. These
small farmers often rely on MM cultivation to supplement their
income, or simply as one product in a larger agricultural
portfolio. According to the author, creating a specialty
cottage license will allow CDFA to develop regulations and
requirements with the special needs of this unique group of
cultivators in mind.
MMRSA was developed in part to ensure the MM industry adhered to
standards designed to create safer neighborhoods, a cleaner
environment, and a more consumer orientated industry. Supporters
point out creation of a cottage license that provides a viable
pathway to compliance for the small MM farmers that operate
throughout the state will help expand the number of businesses
that come into compliance with MMRSA.
REGISTERED SUPPORT / OPPOSITION:
Support
California Growers Association
Consortium Management Group
AB 2516
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Opposition
None on file.
Analysis Prepared by:Victor Francovich / AGRI. / (916) 319-2084