BILL ANALYSIS Ó
AB 2516
Page 1
ASSEMBLY THIRD READING
AB
2516 (Wood)
As Amended April 6, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Agriculture |7-2 |Dodd, Eggman, Gray, |Mathis, Grove |
| | |Irwin, Jones-Sawyer, | |
| | |Quirk, Salas | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Business & |13-1 |Salas, Brough, Baker, |Gatto |
|Professions | |Bloom, Campos, | |
| | |Chávez, Dodd, Eggman, | |
| | |Gomez, Holden, | |
| | |Mullin, Ting, Wood | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |15-1 |Gonzalez, Bloom, |Bigelow |
| | |Bonilla, Bonta, | |
| | |Calderon, Chang, | |
| | |Daly, Eggman, Eduardo | |
| | |Garcia, Roger | |
| | |Hernández, Holden, | |
| | |Quirk, Santiago, | |
| | |Weber, Wood | |
AB 2516
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SUMMARY: Provides 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
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: According to the Assembly Appropriations
Committee, this bill has unknown costs to CDFA to develop
AB 2516
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regulations, review and issue licenses, and enforce regulations
as a result of more cultivators participating in the regulated
market. Currently CDFA is required to establish a scale of
license fees that would cover the cost of licensing and
enforcement activities.
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.
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
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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.
Analysis Prepared by:
Victor Francovich / AGRI. / (916) 319-2084 FN:
0003138