Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2672

Introduced by Assembly Member Bonilla

February 19, 2016

begin delete An act to amend Section 8001 of the Health and Safety Code, relating to public health. end delete begin insert An act to amend Sections 27, 101, 144, 205.1, 19300, 19300.5, 19302, 19302.1, 19306, 19332.5, 19335, 19350, 19351, and 19352 of, end insert begin insert to amend the heading of Article 5 (commencing with Section 19326) of Chapter 3.5 of Division 8 of, and to amend the heading of Chapter 3.5 (commencing with Section 19300) of Division 8 of, the Business and Professions Code, to amend Section 12029 of the Fish and Game Code, to amend Section 9147.7 of the Government Code, to amend Sections 11362.769, 11362.775, and 11362.777 of the Health and Safety Code, to amend Section 31020 of the Revenue and Taxation Code, and to amend Section 13276 of the Water Code, relating to medical cannabis. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2672, as amended, Bonilla. begin delete Human remains: disinterment and removal. end delete begin insert Medical cannabis. end insert

begin insert

Existing law, the Medical Marijuana Regulation and Safety Act, establishes the licensure of persons engaged in specified activities relating to medical cannabis and other regulatory provisions. That act establishes within the Department of Consumer Affairs the Bureau of Medical Marijuana Regulation. That act also requires a licensing authority to deposit all licensing fees to be deposited into accounts established in the Medical Marijuana Regulation and Safety Act Fund, a fund established in the State Treasury. Existing law imposes certain fines and civil penalties for specified violations of the act and requires moneys collected as a result of these fines and civil penalties to be deposited into the Medical Marijuana Fines and Penalties Account, established within that fund.

end insert begin insert

This bill would rename, on January 1, 2017, the act as the Medical Cannabis Regulation and Safety Act and the bureau as the Bureau of Medical Cannabis Regulation. This bill would rename, on January 1, 2017, the fund as the Medical Cannabis Regulation and Safety Act Fund and the account as the Medical Cannabis Fines and Penalties Account. The bill would make conforming changes to the act and would replace, where appropriate, the term “marijuana” with the term “cannabis.”

end insert begin insert

This bill would also make other conforming and similar changes to other related areas of law.

end insert begin delete

Existing law authorizes the remains of a deceased person to be removed from a cemetery upon written order of the health department having jurisdiction or the superior court of the county in which the cemetery is situated. Existing law authorizes the remains of a deceased person to be removed from a plot in a cemetery with the consent of the cemetery authority and the written consent of a surviving family member, as specified. Under specified circumstances, existing law also authorizes the board of supervisors of a county that owns a cemetery authority to order the disinterment and removal of all human remains interred in the cemetery, subject to specified procedures. Existing law requires the publication of the notice of declaration of intended abandonment and removal by the county at least 60 days prior to removal of human remains.

end delete begin delete

This bill would instead require that publication of notice to occur at least 70 days prior to removal of human remains.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 27 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

27.  

(a) Each entity specified in subdivisions (c), (d), and (e)
shall provide on the Internet information regarding the status of
every license issued by that entity in accordance with the California
Public Records Act (Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code) and the
Information Practices Act of 1977 (Chapter 1 (commencing with
Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).
The public information to be provided on the Internet shall include
information on suspensions and revocations of licenses issued by
the entity and other related enforcement action, including
accusations filed pursuant to the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code) taken by the entity
relative to persons, businesses, or facilities subject to licensure or
regulation by the entity. The information may not include personal
information, including home telephone number, date of birth, or
social security number. Each entity shall disclose a licensee’s
address of record. However, each entity shall allow a licensee to
provide a post office box number or other alternate address, instead
of his or her home address, as the address of record. This section
shall not preclude an entity from also requiring a licensee, who
has provided a post office box number or other alternative mailing
address as his or her address of record, to provide a physical
business address or residence address only for the entity’s internal
administrative use and not for disclosure as the licensee’s address
of record or disclosure on the Internet.

(b) In providing information on the Internet, each entity specified
in subdivisions (c) and (d) shall comply with the Department of
Consumer Affairs’ guidelines for access to public records.

(c) Each of the following entities within the Department of
Consumer Affairs shall comply with the requirements of this
section:

(1) The Board for Professional Engineers, Land Surveyors, and
Geologists shall disclose information on its registrants and
licensees.

(2) The Bureau of Automotive Repair shall disclose information
on its licensees, including auto repair dealers, smog stations, lamp
and brake stations, smog check technicians, and smog inspection
certification stations.

(3) The Bureau of Electronic and Appliance Repair, Home
Furnishings, and Thermal Insulation shall disclose information on
its licensees and registrants, including major appliance repair
dealers, combination dealers (electronic and appliance), electronic
repair dealers, service contract sellers, and service contract
administrators.

(4) The Cemetery and Funeral Bureau shall disclose information
on its licensees, including cemetery brokers, cemetery salespersons,
cemetery managers, crematory managers, cemetery authorities,
crematories, cremated remains disposers, embalmers, funeral
establishments, and funeral directors.

(5) The Professional Fiduciaries Bureau shall disclose
information on its licensees.

(6) The Contractors’ State License Board shall disclose
information on its licensees and registrants in accordance with
Chapter 9 (commencing with Section 7000) of Division 3. In
addition to information related to licenses as specified in
subdivision (a), the board shall also disclose information provided
to the board by the Labor Commissioner pursuant to Section 98.9
of the Labor Code.

(7) The Bureau for Private Postsecondary Education shall
disclose information on private postsecondary institutions under
its jurisdiction, including disclosure of notices to comply issued
pursuant to Section 94935 of the Education Code.

(8) The California Board of Accountancy shall disclose
information on its licensees and registrants.

(9) The California Architects Board shall disclose information
on its licensees, including architects and landscape architects.

(10) The State Athletic Commission shall disclose information
on its licensees and registrants.

(11) The State Board of Barbering and Cosmetology shall
disclose information on its licensees.

(12) The State Board of Guide Dogs for the Blind shall disclose
information on its licensees and registrants.

(13) The Acupuncture Board shall disclose information on its
licensees.

(14) The Board of Behavioral Sciences shall disclose
information on its licensees, including licensed marriage and family
therapists, licensed clinical social workers, licensed educational
psychologists, and licensed professional clinical counselors.

(15) The Dental Board of California shall disclose information
on its licensees.

(16) The State Board of Optometry shall disclose information
regarding certificates of registration to practice optometry,
statements of licensure, optometric corporation registrations, branch
office licenses, and fictitious name permits of its licensees.

(17) The Board of Psychology shall disclose information on its
licensees, including psychologists, psychological assistants, and
registered psychologists.

(d) The State Board of Chiropractic Examiners shall disclose
information on its licensees.

(e) The Structural Pest Control Board shall disclose information
on its licensees, including applicators, field representatives, and
operators in the areas of fumigation, general pest and wood
destroying pests and organisms, and wood roof cleaning and
treatment.

(f) The Bureau of Medical begin delete Marijuana end delete begin insert Cannabis end insert Regulation shall
disclose information on its licensees.

(g) “Internet” for the purposes of this section has the meaning
set forth in paragraph (6) of subdivision (f) of Section 17538.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 101 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

101.  

The department is comprised of the following:

(a) The Dental Board of California.

(b) The Medical Board of California.

(c) The State Board of Optometry.

(d) The California State Board of Pharmacy.

(e) The Veterinary Medical Board.

(f) The California Board of Accountancy.

(g) The California Architects Board.

(h) The Bureau of Barbering and Cosmetology.

(i) The Board for Professional Engineers and Land Surveyors.

(j) The Contractors’ State License Board.

(k) The Bureau for Private Postsecondary Education.

(l) The Bureau of Electronic and Appliance Repair, Home
Furnishings, and Thermal Insulation.

(m) The Board of Registered Nursing.

(n) The Board of Behavioral Sciences.

(o) The State Athletic Commission.

(p) The Cemetery and Funeral Bureau.

(q) The State Board of Guide Dogs for the Blind.

(r) The Bureau of Security and Investigative Services.

(s) The Court Reporters Board of California.

(t) The Board of Vocational Nursing and Psychiatric
Technicians.

(u) The Landscape Architects Technical Committee.

(v) The Division of Investigation.

(w) The Bureau of Automotive Repair.

(x) The Respiratory Care Board of California.

(y) The Acupuncture Board.

(z) The Board of Psychology.

(aa) The California Board of Podiatric Medicine.

(ab) The Physical Therapy Board of California.

(ac) The Arbitration Review Program.

(ad) The Physician Assistant Committee.

(ae) The Speech-Language Pathology and Audiology Board.

(af) The California Board of Occupational Therapy.

(ag) The Osteopathic Medical Board of California.

(ah) The Naturopathic Medicine Committee.

(ai) The Dental Hygiene Committee of California.

(aj) The Professional Fiduciaries Bureau.

(ak) The State Board of Chiropractic Examiners.

(al) The Bureau of Real Estate.

(am) The Bureau of Real Estate Appraisers.

(an) The Structural Pest Control Board.

(ao) The Bureau of Medical begin delete Marijuana end delete begin insert Cannabis end insert Regulation.

(ap) Any other boards, offices, or officers subject to its
jurisdiction by law.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 144 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

144.  

(a) Notwithstanding any other provision of law, an agency
designated in subdivision (b) shall require an applicant to furnish
to the agency a full set of fingerprints for purposes of conducting
criminal history record checks. Any agency designated in
subdivision (b) may obtain and receive, at its discretion, criminal
history information from the Department of Justice and the United
States Federal Bureau of Investigation.

(b) Subdivision (a) applies to the following:

(1) California Board of Accountancy.

(2) State Athletic Commission.

(3) Board of Behavioral Sciences.

(4) Court Reporters Board of California.

(5) State Board of Guide Dogs for the Blind.

(6) California State Board of Pharmacy.

(7) Board of Registered Nursing.

(8) Veterinary Medical Board.

(9) Board of Vocational Nursing and Psychiatric Technicians.

(10) Respiratory Care Board of California.

(11) Physical Therapy Board of California.

(12) Physician Assistant Committee of the Medical Board of
California.

(13) Speech-Language Pathology and Audiology and Hearing
Aid Dispenser Board.

(14) Medical Board of California.

(15) State Board of Optometry.

(16) Acupuncture Board.

(17) Cemetery and Funeral Bureau.

(18) Bureau of Security and Investigative Services.

(19) Division of Investigation.

(20) Board of Psychology.

(21) California Board of Occupational Therapy.

(22) Structural Pest Control Board.

(23) Contractors’ State License Board.

(24) Naturopathic Medicine Committee.

(25) Professional Fiduciaries Bureau.

(26) Board for Professional Engineers, Land Surveyors, and
Geologists.

(27) Bureau of Medical begin delete Marijuana end delete begin insert Cannabis end insert Regulation.

(c) For purposes of paragraph (26) of subdivision (b), the term
“applicant” shall be limited to an initial applicant who has never
been registered or licensed by the board or to an applicant for a
new licensure or registration category.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 205.1 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

205.1.  

Notwithstanding subdivision (a) of Section 205, the
Medical begin delete Marijuana end delete begin insert Cannabis end insert Regulation and Safety Act Fund is
a special fund within the Professions and Vocations Fund, and is
subject to subdivision (b) of Section 205.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert The heading of Chapter 3.5 (commencing with Section
19300) of Division 8 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

 

Chapter  3.5. Medical begin delete Marijuana end delete begin insert Cannabis end insert Regulation
and Safety begin delete act end delete begin insert Act end insert

 

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 19300 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

19300.  

This act shall be known and may be cited as the Medical
Marijuana Regulation and Safety Act. begin insert Commencing January 1,
2017, this act is hereby renamed, and shall thereafter be known
as the Medical Cannabis Regulation and Safety Act. On and after
that date, any references in law to the Medical Marijuana
Regulation and Safety Act shall instead be deemed to refer to the
Medical Cannabis Regulation and Safety Act end insert begin insert . end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 19300.5 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

19300.5.  

For purposes of this chapter, the following definitions
shall apply:

(a) “Accrediting body” means a nonprofit organization that
requires conformance to ISO/IEC 17025 requirements and is a
signatory to the International Laboratory Accreditation Cooperation
Mutual Recognition Arrangement for Testing.

(b) “Applicant,” for purposes of Article 4 (commencing with
Section 19319), means the following:

(1) Owner or owners of a proposed facility, including all persons
or entities having ownership interest other than a security interest,
lien, or encumbrance on property that will be used by the facility.

(2) If the owner is an entity, “owner” includes within the entity
each person participating in the direction, control, or management
of, or having a financial interest in, the proposed facility.

(3) If the applicant is a publicly traded company, “owner” means
the chief executive officer or any person or entity with an aggregate
ownership interest of 5 percent or more.

(c) “Batch” means a specific quantity of medical cannabis or
medical cannabis products that is intended to have uniform
character and quality, within specified limits, and is produced
according to a single manufacturing order during the same cycle
of manufacture.

(d) “Bureau” means the Bureau of Medical begin delete Marijuana end delete begin insert Cannabis end insert
Regulation within the Department of Consumer Affairs.

(e) “Cannabinoid” or “phytocannabinoid” means a chemical
compound that is unique to and derived from cannabis.

(f) “Cannabis” means all parts of the plant Cannabis sativa
Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing
or not; the seeds thereof; the resin, whether crude or purified,
extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant,
its seeds, or resin. “Cannabis” also means the separated resin,
whether crude or purified, obtained from begin delete marijuana. end delete begin insert cannabis. end insert
“Cannabis” also means marijuana as defined by Section 11018 of
the Health and Safety Code as enacted by Chapter 1407 of the
Statutes of 1972. “Cannabis” does not include the mature stalks
of the plant, fiber produced from the stalks, oil or cake made from
the seeds of the plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of the mature stalks (except the
resin extracted therefrom), fiber, oil, or cake, or the sterilized seed
of the plant which is incapable of germination. For the purpose of
this chapter, “cannabis” does not mean “industrial hemp” as defined
by Section 81000 of the Food and Agricultural Code or Section
11018.5 of the Health and Safety Code.

(g) “Cannabis concentrate” means manufactured cannabis that
has undergone a process to concentrate the cannabinoid active
ingredient, thereby increasing the product’s potency. An edible
medical cannabis product is not considered food, as defined by
Section 109935 of the Health and Safety Code, or a drug, as defined
by Section 109925 of the Health and Safety Code.

(h) “Caregiver” or “primary caregiver” has the same meaning
as that term is defined in Section 11362.7 of the Health and Safety
Code.

(i) “Certificate of accreditation” means a certificate issued by
an accrediting body to a licensed testing laboratory, entity, or site
to be registered in the state.

(j) “Chief” means Chief of the Bureau of Medical begin delete Marijuana end delete
begin insert Cannabis end insert Regulation within the Department of Consumer Affairs.

(k) “Commercial cannabis activity” includes cultivation,
possession, manufacture, processing, storing, laboratory testing,
labeling, transporting, distribution, or sale of medical cannabis or
a medical cannabis product, except as set forth in Section 19319,
related to qualifying patients and primary caregivers.

(l) “Cultivation” means any activity involving the planting,
growing, harvesting, drying, curing, grading, or trimming of
cannabis.

(m) “Delivery” means the commercial transfer of medical
cannabis or medical cannabis products from a dispensary, up to
an amount determined by the bureau to a primary caregiver or
qualified patient as defined in Section 11362.7 of the Health and
Safety Code, or a testing laboratory. “Delivery” also includes the
use by a dispensary of any technology platform owned and
controlled by the dispensary, or independently licensed under this
chapter, that enables qualified patients or primary caregivers to
arrange for or facilitate the commercial transfer by a licensed
dispensary of medical cannabis or medical cannabis products.

(n) “Dispensary” means a facility where medical cannabis,
medical cannabis products, or devices for the use of medical
cannabis or medical cannabis products are offered, either
individually or in any combination, for retail sale, including an
establishment that delivers, pursuant to express authorization by
local ordinance, medical cannabis and medical cannabis products
as part of a retail sale.

(o) “Dispensing” means any activity involving the retail sale of
medical cannabis or medical cannabis products from a dispensary.

(p) “Distribution” means the procurement, sale, and transport
of medical cannabis and medical cannabis products between entities
licensed pursuant to this chapter.

(q) “Distributor” means a person licensed under this chapter to
engage in the business of purchasing medical cannabis from a
licensed cultivator, or medical cannabis products from a licensed
manufacturer, for sale to a licensed dispensary.

(r) “Dried flower” means all dead medical cannabis that has
been harvested, dried, cured, or otherwise processed, excluding
leaves and stems.

(s) “Edible cannabis product” means manufactured cannabis
that is intended to be used, in whole or in part, for human
consumption, including, but not limited to, chewing gum. An edible
medical cannabis product is not considered food as defined by
Section 109935 of the Health and Safety Code or a drug as defined
by Section 109925 of the Health and Safety Code.

(t) “Fund” means the Medical begin delete Marijuana end delete begin insert Cannabis end insert Regulation
and Safety Act Fund established pursuant to Section 19351.

(u) “Identification program” means the universal identification
certificate program for commercial medical cannabis activity
authorized by this chapter.

(v) “Labor peace agreement” means an agreement between a
licensee and a bona fide labor organization that, at a minimum,
protects the state’s proprietary interests by prohibiting labor
organizations and members from engaging in picketing, work
stoppages, boycotts, and any other economic interference with the
applicant’s business. This agreement means that the applicant has
agreed not to disrupt efforts by the bona fide labor organization
to communicate with, and attempt to organize and represent, the
applicant’s employees. The agreement shall provide a bona fide
labor organization access at reasonable times to areas in which the
applicant’s employees work, for the purpose of meeting with
employees to discuss their right to representation, employment
rights under state law, and terms and conditions of employment.
This type of agreement shall not mandate a particular method of
election or certification of the bona fide labor organization.

(w) “Licensing authority” means the state agency responsible
for the issuance, renewal, or reinstatement of the license, or the
state agency authorized to take disciplinary action against the
license.

(x) “Cultivation site” means a facility where medical cannabis
is planted, grown, harvested, dried, cured, graded, or trimmed, or
that does all or any combination of those activities, that holds a
valid state license pursuant to this chapter, and that holds a valid
local license or permit.

(y) “Manufacturer” means a person that conducts the production,
preparation, propagation, or compounding of manufactured medical
cannabis, as described in subdivision (ae), or medical cannabis
products either directly or indirectly or by extraction methods, or
independently by means of chemical synthesis or by a combination
of extraction and chemical synthesis at a fixed location that
packages or repackages medical cannabis or medical cannabis
products or labels or relabels its container, that holds a valid state
license pursuant to this chapter, and that holds a valid local license
or permit.

(z) “Testing laboratory” means a facility, entity, or site in the
state that offers or performs tests of medical cannabis or medical
cannabis products and that is both of the following:

(1) Accredited by an accrediting body that is independent from
all other persons involved in the medical cannabis industry in the
state.

(2) Registered with the State Department of Public Health.

(aa) “Transporter” means a person issued a state license by the
bureau to transport medical cannabis or medical cannabis products
in an amount above a threshold determined by the bureau between
facilities that have been issued a state license pursuant to this
chapter.

(ab) “Licensee” means a person issued a state license under this
chapter to engage in commercial cannabis activity.

(ac) “Live plants” means living medical cannabis flowers and
plants, including seeds, immature plants, and vegetative stage
plants.

(ad) “Lot” means a batch, or a specifically identified portion of
a batch, having uniform character and quality within specified
limits. In the case of medical cannabis or a medical cannabis
product produced by a continuous process, “lot” means a
specifically identified amount produced in a unit of time or a
quantity in a manner that ensures its having uniform character and
quality within specified limits.

(ae) “Manufactured cannabis” means raw cannabis that has
undergone a process whereby the raw agricultural product has
been transformed into a concentrate, an edible product, or a topical
product.

(af) “Manufacturing site” means a location that produces,
prepares, propagates, or compounds manufactured medical
cannabis or medical cannabis products, directly or indirectly, by
extraction methods, independently by means of chemical synthesis,
or by a combination of extraction and chemical synthesis, and is
owned and operated by a licensee for these activities.

(ag) “Medical cannabis,” “medical cannabis product,” or
“cannabis product” means a product containing cannabis, including,
but not limited to, concentrates and extractions, intended to be sold
for use by medical cannabis patients in California pursuant to the
Compassionate Use Act of 1996 (Proposition 215), found at Section
11362.5 of the Health and Safety Code. For the purposes of this
chapter, “medical cannabis” does not include “industrial hemp”
as defined by Section 81000 of the Food and Agricultural Code
or Section 11018.5 of the Health and Safety Code.

(ah) “Nursery” means a licensee that produces only clones,
immature plants, seeds, and other agricultural products used
specifically for the planting, propagation, and cultivation of medical
cannabis.

(ai) “Permit,” “local license,” or “local permit” means an official
document granted by a local jurisdiction that specifically authorizes
a person to conduct commercial cannabis activity in the local
jurisdiction.

(aj) “Person” means an individual, firm, partnership, joint
venture, association, corporation, limited liability company, estate,
trust, business trust, receiver, syndicate, or any other group or
combination acting as a unit and includes the plural as well as the
singular number.

(ak) “State license,” “license,” or “registration” means a state
license issued pursuant to this chapter.

(al) “Topical cannabis” means a product intended for external
use. A topical cannabis product is not considered a drug as defined
by Section 109925 of the Health and Safety Code.

(am) “Transport” means the transfer of medical cannabis or
medical cannabis products from the permitted business location
of one licensee to the permitted business location of another
licensee, for the purposes of conducting commercial cannabis
activity authorized pursuant to this chapter.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 19302 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

19302.  

There is in the Department of Consumer Affairs the
Bureau of Medical Marijuana Regulation, under the supervision
and control of the director. The director shall administer and
enforce the provisions of this chapter. begin insert Commencing January 1,
2017, the bureau is hereby renamed and shall thereafter be known
as the Bureau of Medical Cannabis Regulation. On and after that
date, any references in law to the Bureau of Medical Marijuana
Regulation shall instead be deemed to refer to the Bureau of
Medical Cannabis Regulation end insert begin insert . end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 19302.1 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

19302.1.  

(a) The Governor shall appoint a chief of the bureau,
subject to confirmation by the Senate, at a salary to be fixed and
determined by the director with the approval of the Director of
Finance. The chief shall serve under the direction and supervision
of the director and at the pleasure of the Governor.

(b) Every power granted to or duty imposed upon the director
under this chapter may be exercised or performed in the name of
the director by a deputy or assistant director or by the chief, subject
to conditions and limitations that the director may prescribe. In
addition to every power granted or duty imposed with this chapter,
the director shall have all other powers and duties generally
applicable in relation to bureaus that are part of the Department
of Consumer Affairs.

(c) The director may employ and appoint all employees
necessary to properly administer the work of the bureau, in
accordance with civil service laws and regulations.

(d) The Department of Consumer Affairs shall have the sole
authority to create, issue, renew, discipline, suspend, or revoke
licenses for the transportation, storage unrelated to manufacturing
activities, distribution, and sale of medical begin delete marijuana end delete begin insert cannabis end insert
within the state and to collect fees in connection with activities
the bureau regulates. The bureau may create licenses in addition
to those identified in this chapter that the bureau deems necessary
to effectuate its duties under this chapter.

(e) The Department of Food and Agriculture shall administer
the provisions of this chapter related to and associated with the
cultivation of medical cannabis. The Department of Food and
Agriculture shall have the authority to create, issue, and suspend
or revoke cultivation licenses for violations of this chapter. The
State Department of Public Health shall administer the provisions
of this chapter related to and associated with the manufacturing
and testing of medical cannabis.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 19306 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

19306.  

(a) The bureau may convene an advisory committee
to advise the bureau and licensing authorities on the development
of standards and regulations pursuant to this chapter, including
best practices and guidelines to ensure qualified patients have
adequate access to medical cannabis and medical cannabis
products. The advisory committee members shall be determined
by the chief.

(b) The advisory committee members may include, but not be
limited to, representatives of the medical begin delete marijuana end delete begin insert cannabis end insert
industry, representatives of medical begin delete marijuana end delete begin insert cannabis end insert cultivators,
appropriate local and state agencies, appropriate local and state
law enforcement, physicians, environmental and public health
experts, and medical begin delete marijuana end delete begin insert cannabis end insert patient advocates.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert The heading of Article 5 (commencing with Section
19326) of Chapter 3.5 of Division 8 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

 

Article 5.  Medical begin delete Marijuana end delete begin insert Cannabis end insert Regulation

 

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 19332.5 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

19332.5.  

(a) Not later than January 1, 2020, the Department
of Food and Agriculture in conjunction with the bureau, shall make
available a certified organic designation and organic certification
program for medical begin delete marijuana, end delete begin insert cannabis, end insert if permitted under
federal law and the National Organic Program (Section 6517 of
the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec.
6501 et seq.)), and Article 7 (commencing with Section 110810)
of Chapter 5 of Part 5 of Division 104 of the Health and Safety
Code.

(b) The bureau may establish appellations of origin for begin delete marijuana end delete
begin insert cannabis end insert grown in California.

(c) It is unlawful for medical begin delete marijuana end delete begin insert cannabis end insert to be marketed,
labeled, or sold as grown in a California county when the medical
begin delete marijuana end delete begin insert cannabis end insert was not grown in that county.

(d) It is unlawful to use the name of a California county in the
labeling, marketing, or packaging of medical begin delete marijuana end delete begin insert cannabis end insert
products unless the product was grown in that county.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 19335 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

19335.  

(a) The Department of Food and Agriculture, in
consultation with the bureau, shall establish a track and trace
program for reporting the movement of medical begin delete marijuana end delete begin insert cannabis end insert
items throughout the distribution chain that utilizes a unique
identifier pursuant to Section 11362.777 of the Health and Safety
Code and secure packaging and is capable of providing information
that captures, at a minimum, all of the following:

(1) The licensee receiving the product.

(2) The transaction date.

(3) The cultivator from which the product originates, including
the associated unique identifier, pursuant to Section 11362.777 of
the Health and Safety Code.

(b) (1) The Department of Food and Agriculture shall create
an electronic database containing the electronic shipping manifests
which shall include, but not be limited to, the following
information:

(A) The quantity, or weight, and variety of products shipped.

(B) The estimated times of departure and arrival.

(C) The quantity, or weight, and variety of products received.

(D) The actual time of departure and arrival.

(E) A categorization of the product.

(F) The license number and the unique identifier pursuant to
Section 11362.777 of the Health and Safety Code issued by the
licensing authority for all licensees involved in the shipping
process, including cultivators, transporters, distributors, and
dispensaries.

(2) (A) The database shall be designed to flag irregularities for
all licensing authorities in this chapter to investigate. All licensing
authorities pursuant to this chapter may access the database and
share information related to licensees under this chapter, including
social security and individual taxpayer identifications
notwithstanding Section 30.

(B) The Department of Food and Agriculture shall immediately
inform the bureau upon the finding of an irregularity or suspicious
finding related to a licensee, applicant, or commercial cannabis
activity for investigatory purposes.

(3) Licensing authorities and state and local agencies may, at
any time, inspect shipments and request documentation for current
inventory.

(4) The bureau shall have 24-hour access to the electronic
database administered by the Department of Food and Agriculture.

(5) The Department of Food and Agriculture shall be authorized
to enter into memoranda of understandings with licensing
authorities for data sharing purposes, as deemed necessary by the
Department of Food and Agriculture.

(6) Information received and contained in records kept by the
Department of Food and Agriculture or licensing authorities for
the purposes of administering this section are confidential and
shall not be disclosed pursuant to the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code), except as necessary for
authorized employees of the State of California or any city, county,
or city and county to perform official duties pursuant to this chapter
or a local ordinance.

(7) Upon the request of a state or local law enforcement agency,
licensing authorities shall allow access to or provide information
contained within the database to assist law enforcement in their
duties and responsibilities pursuant to this chapter.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 19350 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

19350.  

Each licensing authority shall establish a scale of
application, licensing, and renewal fees, based upon the cost of
enforcing this chapter, as follows:

(a) Each licensing authority shall charge each licensee a
licensure and renewal fee, as applicable. The licensure and renewal
fee shall be calculated to cover the costs of administering this
chapter. The licensure fee may vary depending upon the varying
costs associated with administering the various regulatory
requirements of this chapter as they relate to the nature and scope
of the different licensure activities, including, but not limited to,
the track and trace program required pursuant to Section 19335,
but shall not exceed the reasonable regulatory costs to the licensing
authority.

(b) The total fees assessed pursuant to this chapter shall be set
at an amount that will fairly and proportionately generate sufficient
total revenue to fully cover the total costs of administering this
chapter.

(c) All license fees shall be set on a scaled basis by the licensing
authority, dependent on the size of the business.

(d) The licensing authority shall deposit all fees collected in a
fee account specific to that licensing authority, to be established
in the Medical begin delete Marijuana end delete begin insert Cannabis end insert Regulation and Safety Act
Fund. Moneys in the licensing authority fee accounts shall be used,
upon appropriation of the Legislature, by the designated licensing
authority for the administration of this chapter.

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 19351 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

19351.  

(a) The Medical Marijuana Regulation and Safety Act
Fund is hereby established within the State Treasury. Moneys in
the fund shall be available upon appropriation by the Legislature.
Notwithstanding Section 16305.7 of the Government Code, the
fund shall include any interest and dividends earned on the moneys
in the fund. begin insert Commencing January 1, 2017, the fund is hereby
renamed and shall thereafter be known as the Medical Cannabis
Regulation and Safety Act Fund. On and after that date, any
references in law to the Medical Marijuana Regulation and Safety
Act Fund, as created by this section, shall instead be deemed to
refer to the Medical Cannabis Regulation and Safety Act Fund end insert begin insert . end insert

(b) (1) Funds for the establishment and support of the regulatory
activities pursuant to this chapter shall be advanced as a General
Fund or special fund loan, and shall be repaid by the initial
proceeds from fees collected pursuant to this chapter or any rule
or regulation adopted pursuant to this chapter, by January 1, 2022.
Should the initial proceeds from fees not be sufficient to repay the
loan, moneys from the Medical Cannabis Fines and Penalties
Account shall be made available to the bureau, by appropriation
of the Legislature, to repay the loan.

(2) Funds advanced pursuant to this subdivision shall be
appropriated to the bureau, which shall distribute the moneys to
the appropriate licensing authorities, as necessary to implement
the provisions of this chapter.

(3) The Director of Finance may provide an initial operating
loan from the General Fund to the Medical begin delete Marijuana end delete begin insert Cannabis end insert
Regulation and Safety Act Fund that does not exceed ten million
dollars ($10,000,000).

(c) Except as otherwise provided, all moneys collected pursuant
to this chapter as a result of fines or penalties imposed under this
chapter shall be deposited directly into the Medical Marijuana
Fines and Penalties Account, which is hereby established within
the fund, and shall be available, upon appropriation by the
Legislature to the bureau, for the purposes of funding the
enforcement grant program pursuant to subdivision (d).

begin insert Commencing January 1, 2017, the account is hereby renamed and
shall thereafter be known as the Medical Cannabis Fines and
Penalties Account. On and after that date, any references in law
to the Medical Marijuana Fines and Penalties Account shall
instead be deemed to refer to the Medical Cannabis Fines and
Penalties Account end insert begin insert . end insert

(d) (1) The bureau shall establish a grant program to allocate
moneys from the Medical Cannabis Fines and Penalties Account
to state and local entities for the following purposes:

(A) To assist with medical cannabis regulation and the
enforcement of this chapter and other state and local laws
applicable to cannabis activities.

(B) For allocation to state and local agencies and law
enforcement to remedy the environmental impacts of cannabis
cultivation.

(2) The costs of the grant program under this subdivision shall,
upon appropriation by the Legislature, be paid for with moneys in
the Medical Cannabis Fines and Penalties Account.

(3) The grant program established by this subdivision shall only
be implemented after the loan specified in this section is repaid.

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 19352 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

19352.  

The sum of ten million dollars ($10,000,000) is hereby
appropriated from the Medical begin delete Marijuana end delete begin insert Cannabis end insert Regulation
and Safety Act Fund to the Department of Consumer Affairs to
begin the activities of the Bureau of Medical begin delete Marijuana end delete begin insert Cannabis end insert
Regulation. Funds appropriated pursuant to this section shall not
include moneys received from fines or penalties.

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 12029 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

12029.  

(a) The Legislature finds and declares all of the
following:

(1) The environmental impacts associated with begin delete marijuana end delete
begin insert cannabis end insert cultivation have increased, and unlawful water diversions
for begin delete marijuana end delete begin insert cannabis end insert irrigation have a detrimental effect on fish
and wildlife and their habitat, which are held in trust by the state
for the benefit of the people of the state.

(2) The remediation of existing begin delete marijuana end delete begin insert cannabis end insert cultivation
sites is often complex and the permitting of these sites requires
greater department staff time and personnel expenditures. The
potential for begin delete marijuana end delete begin insert cannabis end insert cultivation sites to significantly
impact the state’s fish and wildlife resources requires immediate
action on the part of the department’s lake and streambed alteration
permitting staff.

(b) In order to address unlawful water diversions and other
violations of the Fish and Game Code associated with begin delete marijuana end delete
begin insert cannabis end insert cultivation, the department shall establish the watershed
enforcement program to facilitate the investigation, enforcement,
and prosecution of these offenses.

(c) The department, in coordination with the State Water
Resources Control Board, shall establish a permanent multiagency
task force to address the environmental impacts of begin delete marijuana end delete
begin insert cannabis end insert cultivation. The multiagency task force, to the extent
feasible and subject to available begin delete Resources, end delete begin insert resources, end insert shall expand
its enforcement efforts on a statewide level to ensure the reduction
of adverse impacts of begin delete marijuana end delete begin insert cannabis end insert cultivation on fish and
wildlife and their habitats throughout the state.

(d) In order to facilitate the remediation and permitting of
begin delete marijuana end delete begin insert cannabis end insert cultivation sites, the department shall adopt
regulations to enhance the fees on any entity subject to Section
1602 for begin delete marijuana end delete begin insert cannabis end insert cultivation sites that require
remediation. The fee schedule established pursuant to this
subdivision shall not exceed the fee limits in Section 1609.

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 9147.7 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

9147.7.  

(a) For the purpose of this section, “eligible agency”
means any agency, authority, board, bureau, commission,
conservancy, council, department, division, or office of state
government, however denominated, excluding an agency that is
constitutionally created or an agency related to postsecondary
education, for which a date for repeal has been established by
statute on or after January 1, 2011.

(b) The Joint Sunset Review Committee is hereby created to
identify and eliminate waste, duplication, and inefficiency in
government agencies. The purpose of the committee is to conduct
a comprehensive analysis over 15 years, and on a periodic basis
thereafter, of every eligible agency to determine if the agency is
still necessary and cost effective.

(c) Each eligible agency scheduled for repeal shall submit to
the committee, on or before December 1 prior to the year it is set
to be repealed, a complete agency report covering the entire period
since last reviewed, including, but not limited to, the following:

(1) The purpose and necessity of the agency.

(2) A description of the agency budget, priorities, and job
descriptions of employees of the agency.

(3) Any programs and projects under the direction of the agency.

(4) Measures of the success or failures of the agency and
justifications for the metrics used to evaluate successes and failures.

(5) Any recommendations of the agency for changes or
reorganization in order to better fulfill its purpose.

(d) The committee shall take public testimony and evaluate the
eligible agency prior to the date the agency is scheduled to be
repealed. An eligible agency shall be eliminated unless the
Legislature enacts a law to extend, consolidate, or reorganize the
eligible agency. No eligible agency shall be extended in perpetuity
unless specifically exempted from the provisions of this section.
The committee may recommend that the Legislature extend the
statutory sunset date for no more than one year to allow the
committee more time to evaluate the eligible agency.

(e) The committee shall be comprised of 10 members of the
Legislature. The Senate Committee on Rules shall appoint five
members of the Senate to the committee, not more than three of
whom shall be members of the same political party. The Speaker
of the Assembly shall appoint five members of the Assembly to
the committee, not more than three of whom shall be members of
the same political party. Members shall be appointed within 15
days after the commencement of the regular session. Each member
of the committee who is appointed by the Senate Committee on
Rules or the Speaker of the Assembly shall serve during that
committee member’s term of office or until that committee member
no longer is a Member of the Senate or the Assembly, whichever
is applicable. A vacancy on the committee shall be filled in the
same manner as the original appointment. Three Assembly
Members and three Senators who are members of the committee
shall constitute a quorum for the conduct of committee business.
Members of the committee shall receive no compensation for their
work with the committee.

(f) The committee shall meet not later than 30 days after the
first day of the regular session to choose a chairperson and to
establish the schedule for eligible agency review provided for in
the statutes governing the eligible agencies. The chairperson of
the committee shall alternate every two years between a Member
of the Senate and a Member of the Assembly, and the vice
chairperson of the committee shall be a member of the opposite
house as the chairperson.

(g) This section shall not be construed to change the existing
jurisdiction of the budget or policy committees of the Legislature.

(h) This section shall not apply to the Bureau of Medical
begin delete Marijuana end delete begin insert Cannabis end insert Regulation.

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 11362.769 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

11362.769.  

Indoor and outdoor medical begin delete marijuana end delete begin insert cannabis end insert
cultivation shall be conducted in accordance with state and local
laws related to land conversion, grading, electricity usage, water
usage, water quality, woodland and riparian habitat protection,
agricultural discharges, and similar matters. State agencies,
including, but not limited to, the State Board of Forestry and Fire
Protection, the Department of Fish and Wildlife, the State Water
Resources Control Board, the California regional water quality
control boards, and traditional state law enforcement agencies shall
address environmental impacts of medical begin delete marijuana end delete begin insert cannabis end insert
cultivation and shall coordinate, when appropriate, with cities and
counties and their law enforcement agencies in enforcement efforts.

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 11362.775 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

11362.775.  

(a) Subject to subdivision (b), qualified patients,
persons with valid identification cards, and the designated primary
caregivers of qualified patients and persons with identification
cards, who associate within the State of California in order
collectively or cooperatively to cultivate cannabis for medical
purposes, shall not solely on the basis of that fact be subject to
state criminal sanctions under Section 11357, 11358, 11359, 11360,
11366, 11366.5, or 11570.

(b) This section shall remain in effect only until one year after
the Bureau of Medical begin delete Marijuana end delete begin insert Cannabis end insert Regulation posts a
notice on its Internet Web site that the licensing authorities have
commenced issuing licenses pursuant to the Medical begin delete Marijuana end delete
begin insert Cannabis end insert Regulation and Safety Act (Chapter 3.5 (commencing
with Section 19300) of Division 8 of the Business and Professions
Code), and is repealed upon issuance of licenses.

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 11362.777 of the end insert begin insert Health and Safety Code end insert begin insert , as
amended by Section 1 of Chapter 1 of the Statutes of 2016, is
amended to read: end insert

11362.777.  

(a) The Department of Food and Agriculture shall
establish a Medical Cannabis Cultivation Program to be
administered by the secretary and, except as specified in
subdivision (c), shall administer this section as it pertains to the
cultivation of medical begin delete marijuana. end delete begin insert cannabis. end insert For purposes of this
section and Chapter 3.5 (commencing with Section 19300) of
Division 8 of the Business and Professions Code, medical cannabis
is an agricultural product.

(b) (1) A person or entity shall not cultivate medical begin delete marijuana end delete
begin insert cannabis end insert without first obtaining both of the following:

(A) A license, permit, or other entitlement, specifically
permitting cultivation pursuant to these provisions, from the city,
county, or city and county in which the cultivation will occur.

(B) A state license issued by the department pursuant to this
section.

(2) A person or entity shall not submit an application for a state
license issued by the department pursuant to this section unless
that person or entity has received a license, permit, or other
entitlement, specifically permitting cultivation pursuant to these
provisions, from the city, county, or city and county in which the
cultivation will occur.

(3) A person or entity shall not submit an application for a state
license issued by the department pursuant to this section if the
proposed cultivation of begin delete marijuana end delete begin insert cannabis end insert will violate the
provisions of any local ordinance or regulation, or if medical
begin delete marijuana end delete begin insert cannabis end insert is prohibited by the city, county, or city and
county in which the cultivation is proposed to occur, either
expressly or otherwise under principles of permissive zoning.

(c) (1) Except as otherwise specified in this subdivision, and
without limiting any other local regulation, a city, county, or city
and county, through its current or future land use regulations or
ordinance, may issue or deny a permit to cultivate medical
begin delete marijuana end delete begin insert cannabis end insert pursuant to this section. A city, county, or city
and county may inspect the intended cultivation site for suitability
before issuing a permit. After the city, county, or city and county
has approved a permit, the applicant shall apply for a state medical
begin delete marijuana end delete begin insert cannabis end insert cultivation license from the department. A
locally issued cultivation permit shall only become active upon
licensing by the department and receiving final local approval. A
person shall not cultivate medical begin delete marijuana end delete begin insert cannabis end insert before
obtaining both a permit from the city, county, or city and county
and a state medical begin delete marijuana end delete begin insert cannabis end insert cultivation license from
the department.

(2) A city, county, or city and county that issues or denies
conditional licenses to cultivate medical begin delete marijuana end delete begin insert cannabis end insert
pursuant to this section shall notify the department in a manner
prescribed by the secretary.

(3) A city, county, or city and county’s locally issued conditional
permit requirements must be at least as stringent as the
department’s state licensing requirements.

(d) (1) The secretary may prescribe, adopt, and enforce
regulations relating to the implementation, administration, and
enforcement of this part, including, but not limited to, applicant
requirements, collections, reporting, refunds, and appeals.

(2) The secretary may prescribe, adopt, and enforce any
emergency regulations as necessary to implement this part. Any
emergency regulation prescribed, adopted, or enforced pursuant
to this section shall be adopted in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code, and, for purposes of that chapter,
including Section 11349.6 of the Government Code, the adoption
of the regulation is an emergency and shall be considered by the
Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, and general
welfare.

(3) The secretary may enter into a cooperative agreement with
a county agricultural commissioner to carry out the provisions of
this chapter, including, but not limited to, administration,
investigations, inspections, licensing and assistance pertaining to
the cultivation of medical begin delete marijuana. end delete begin insert cannabis. end insert Compensation
under the cooperative agreement shall be paid from assessments
and fees collected and deposited pursuant to this chapter and shall
provide reimbursement to the county agricultural commissioner
for associated costs.

(e) (1) The department, in consultation with, but not limited
to, the Bureau of Medical begin delete Marijuana end delete begin insert Cannabis end insert Regulation, the
State Water Resources Control Board, and the Department of Fish
and Wildlife, shall implement a unique identification program for
medical begin delete marijuana. end delete begin insert cannabis. end insert In implementing the program, the
department shall consider issues, including, but not limited to,
water use and environmental impacts. In implementing the
program, the department shall ensure that:

(A) 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.

(B) Cultivation will not negatively impact springs, riparian
wetlands, and aquatic habitats.

(2) The department shall establish a program for the
identification of permitted medical begin delete marijuana end delete begin insert cannabis end insert plants at
a cultivation site during the cultivation period. The unique identifier
shall be attached at the base of each plant. A unique identifier,
such as, but not limited to, a zip tie, shall be issued for each medical
begin delete marijuana end delete begin insert cannabis end insert plant.

(A) Unique identifiers will only be issued to those persons
appropriately licensed by this section.

(B) Information associated with the assigned unique identifier
and licensee shall be included in the trace and track program
specified in Section 19335 of the Business and Professions Code.

(C) The department may charge a fee to cover the reasonable
costs of issuing the unique identifier and monitoring, tracking, and
inspecting each medical begin delete marijuana end delete begin insert cannabis end insert plant.

(D) The department may promulgate regulations to implement
this section.

(3) The department shall take adequate steps to establish
protections against fraudulent unique identifiers and limit illegal
diversion of unique identifiers to unlicensed persons.

(f) (1) A city, county, or city and county that issues or denies
licenses to cultivate medical begin delete marijuana end delete begin insert cannabis end insert pursuant to this
section shall notify the department in a manner prescribed by the
secretary.

(2) Unique identifiers and associated identifying information
administered by a city or county shall adhere to the requirements
set by the department and be the equivalent to those administered
by the department.

(g) This section does not apply to a qualified patient cultivating
begin delete marijuana end delete begin insert cannabis end insert pursuant to Section 11362.5 if the area he or
she uses to cultivate begin delete marijuana end delete begin insert cannabis end insert does not exceed 100
square feet and he or she cultivates begin delete marijuana end delete begin insert cannabis end insert for his or
her personal medical use and does not sell, distribute, donate, or
provide begin delete marijuana end delete begin insert cannabis end insert to any other person or entity. This
section does not apply to a primary caregiver cultivating begin delete marijuana end delete
begin insert cannabis end insert pursuant to Section 11362.5 if the area he or she uses to
cultivate begin delete marijuana end delete begin insert cannabis end insert does not exceed 500 square feet and
he or she cultivates begin delete marijuana end delete begin insert cannabis end insert exclusively for the personal
medical use of no more than five specified qualified patients for
whom he or she is the primary caregiver within the meaning of
Section 11362.7 and does not receive remuneration for these
activities, except for compensation provided in full compliance
with subdivision (c) of Section 11362.765. For purposes of this
section, the area used to cultivate begin delete marijuana end delete begin insert cannabis end insert shall be
measured by the aggregate area of vegetative growth of live
begin delete marijuana end delete begin insert cannabis end insert plants on the premises. Exemption from the
requirements of this section does not limit or prevent a city, county,
or city and county from exercising its police authority under
Section 7 of Article XI of the California Constitution.

begin insert

begin insert SEC. 22. end insert   

end insert

begin insert Section 31020 of the end insert begin insert Revenue and Taxation Code end insert begin insert is
amended to read: end insert

31020.  

The board, in consultation with the Department of Food
and Agriculture, shall adopt a system for reporting the movement
of commercial cannabis and cannabis products throughout the
distribution chain. The system shall not be duplicative of the
electronic database administered by the Department of Food and
Agriculture specified in Section 19335 of the Business and
Professions Code. The system shall also employ secure packaging
and be capable of providing information to the board. This system
shall capture, at a minimum, all of the following:

(a) The amount of tax due by the designated entity.

(b) The name, address, and license number of the designated
entity that remitted the tax.

(c) The name, address, and license number of the succeeding
entity receiving the product.

(d) The transaction date.

(e) Any other information deemed necessary by the board for
the taxation and regulation of begin delete marijuana end delete begin insert cannabis end insert and begin delete marijuana end delete
begin insert cannabis end insert products.

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 13276 of the end insert begin insert Water Code end insert begin insert is amended to read: end insert

13276.  

(a) The multiagency task force, the Department of Fish
and Wildlife and State Water Resources Control Board pilot project
to address the Environmental Impacts of Cannabis Cultivation,
assigned to respond to the damages caused by begin delete marijuana end delete begin insert cannabis end insert
cultivation on public and private lands in California, shall continue
its enforcement efforts on a permanent basis and expand them to
a statewide level to ensure the reduction of adverse impacts of
begin delete marijuana end delete begin insert cannabis end insert cultivation on water quality and on fish and
wildlife throughout the state.

(b) Each regional board shall, and the State Water Resources
Control Board may, address discharges of waste resulting from
medical begin delete marijuana end delete begin insert cannabis end insert cultivation and associated activities,
including by adopting a general permit, establishing waste
discharge requirements, or taking action pursuant to Section 13269.
In addressing these discharges, each regional board shall include
conditions to address items that include, but are not limited to, all
of the following:

(1) Site development and maintenance, erosion control, and
drainage features.

(2) Stream crossing installation and maintenance.

(3) Riparian and wetland protection and management.

(4) Soil disposal.

(5) Water storage and use.

(6) Irrigation runoff.

(7) Fertilizers and soil.

(8) Pesticides and herbicides.

(9) Petroleum products and other chemicals.

(10) Cultivation-related waste.

(11) Refuse and human waste.

(12) Cleanup, restoration, and mitigation.

begin delete

SECTION 1.  

Section 8001 of the Health and Safety Code is
amended to read:

8001.  

Any resolution or declaration for abandonment adopted
and made under this article shall specify and declare that at any
time after the expiration of 70 days after the first publication of
the notice of declaration of intended abandonment and removal,
the human remains then remaining in the cemetery shall be
removed by the county owning the cemetery. Notice of the
declaration of intended abandonment of the cemetery and proposed
removal of the human remains interred in the cemetery shall be
given to all interested persons by publication in the newspaper of
general circulation published in the county determined by the board
of supervisors most likely to give notice to the parties concerned.
Publication shall be made once a week for four consecutive times.
The notice shall be entitled “Notice of Declaration of Abandonment
of Lands for Cemetery Purposes and of Intention to Remove
Human Bodies Interred Therein,” and shall specify a date not less
than 70 days after the first publication of the notice when the
county controlling the cemetery lands and causing the notice to
be published will proceed to remove the human remains then
remaining in that cemetery. Notice shall also be mailed to any
known living heir-at-law of any person whose remains are interred
in the cemetery when the address of the heir is known.

end delete