BILL ANALYSIS Ó
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: AB 2672 Hearing Date: June 20,
2016
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|Author: |Bonilla |
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|Version: |April 5, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Sarah Huchel |
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Subject: Medical cannabis
SUMMARY: Changes references from "marijuana" to "cannabis" in state
law.
Existing law:
1)Creates the Medical Marijuana Regulation and Safety Act and
establishes the Bureau of Medical Marijuana Regulation
(Bureau) within the Department of Consumer Affairs to oversee
the licensing and regulation of medical marijuana. (Business
and Professions Code (BPC) Section 19300, et seq.)
2)Defines "cannabis" to be all parts of the cannabis plant for
specified species, 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.
(BPC § 19300.5 (f))
This bill:
1) Changes references from marijuana to cannabis in the BPC,
Fish and Game Code, Government Code, Health and Safety Code, the
Water Code, and the Revenue and Taxation Code.
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FISCAL
EFFECT: This bill is keyed "fiscal" by the Legislative Counsel.
According to the Assembly Committee on Appropriations analysis
dated May 11, 2016, this bill will have negligible state fiscal
effect.
COMMENTS:
1. Purpose. This bill is Author sponsored. According to the
Author's office, "The cultivation of cannabis in the United
States dates as far back as 18th century. It was used for
producing fiber for goods such as clothing, rope, and sails.
Its medicinal uses were very widespread in the 19th century.
Cannabis extract was sold openly in pharmacies all throughout
the country.
"The term marijuana derives from a folk term for cannabis
brought over by Mexican immigrants who sought refuge from the
Mexican Revolution. As the recreational use of smoking
cannabis and racial prejudice grew, propaganda against
cannabis featured false, lurid stories about African-American
and Mexican men committing outrageous acts of murder and
mayhem. Marijuana effectively became more associated with
these false stereotypes and less with a form of medicine.
"The term cannabis is a more appropriate medical and
botanical term as it does not carry the stigma that marijuana
does. Medical terminology uses combining forms of New Latin;
cannabis is the correct medical term.
"The Medical Marijuana Regulation and Safety Act established
the licensure of persons engages in specified activities
relating to medical cannabis and other regulatory provisions.
The act also established the Bureau Medical Marijuana
Regulation, the Medical Marijuana Regulation and Safety Act
Fund, and the account as the Medical Marijuana Fines and
Penalties all of which will amend their titles to replace the
word marijuana to cannabis."
2. California's Medical Marijuana Regulatory Background.
California began regulating medical marijuana with the
passage of the Compassionate Use Act in 1996, which exempted
patients and their primary caregivers from criminal liability
under state law for the possession and cultivation of
AB 2672 (Bonilla) Page 3
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marijuana. In 2003, the Legislature authorized the formation
of medical marijuana cooperatives-nonprofit organizations
that cultivate and distribute marijuana for medical uses to
their members through dispensaries. Most recently, the
Medical Marijuana Regulation and Safety Act (Act) passed in
2015, which consisted of three separate bills enacted
together to license and regulate medical marijuana AB 243
(Wood, Chapter 688, Statues of 2015); AB 266 (Bonta, Chapter
689, Statutes of 2015); and SB 643 (McGuire, Chapter 719,
Statutes of 2015). These bills created a comprehensive state
licensing system for the commercial cultivation, manufacture,
retail sale, transport, distribution, delivery, and testing
of medical cannabis. Medical marijuana cooperatives will be
phased out under the Act and replaced by state licensed
businesses.
The Act went into effect on January 1, 2016, and licensure
requirements will follow when the regulatory entities
responsible for implementation pass necessary regulations.
The Act distributes state responsibilities among six
agencies:
The Bureau: license and regulates dispensaries,
transporters, and distributors.
Department of Fish and Wildlife (DFW): monitor and
reduce environmental impacts of marijuana cultivation.
State Water Resources Control Board (SWRCB):
regulate the environmental impacts of marijuana
cultivation on water quality and instream flows.
California Department of Food and Agriculture
(CDFA): regulate medical marijuana cultivation and issue
licenses to growers.
Department of Public Health (DPH): develop and
enforce regulations and standards for medical marijuana
product manufacturers and testing laboratories.
Department of Pesticide Regulation (DPR): develop
pesticide use guidelines for the cultivation of medical
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marijuana.
1. Related Legislation. AB 1575 (Bonta) of 2015, among other
provisions, this bill replaces the word "marijuana" with
"cannabis" in state law. ( Status : AB 1575 is also pending in
this committee.)
SB 837 (Committee on Budget and Fiscal Review) of 2015, among
other budget provisions, changes references from "marijuana"
to "cannabis" in nearly, but not all, of the same sections as
AB 2672. ( Status : SB 837 is currently pending in Assembly
Budget Committee.)
2. Previous Legislation. AB 266 (Bonta, Cooley, Jones-Sawyer,
Lackey, and Wood, Chapter 689, Statutes of 2015) enacted the
Act for the licensure and regulation of medical marijuana,
established the Bureau within the DCA, required the CDFA to
administer the provisions of the act related to cultivation,
required the CDPH to administer the provisions of the Act
related to manufacturing and testing of medical cannabis,
required the Board of Equalization to adopt a system for
reporting the movement of commercial cannabis and cannabis
products.
AB 243 (Wood, Chapter 688, Statutes of 2015) required the
CDFA, the DPR, the CDPH, the DFW, and the SWRCB to promulgate
regulations relating to medical marijuana and its
cultivation, as specified, required various state agencies to
take specified actions to mitigate the impact that marijuana
cultivation has on the environment, and established the Act
Fund.
SB 643 (McGuire, Chapter 719, Statutes of 2015) established
standards for the prescription of medical cannabis, required
the Medical Board of California to prioritize its
investigative and prosecutorial resources to identify and
discipline physicians and surgeons that have repeatedly
recommended excessive cannabis to patients for medical
purposes or repeatedly recommended cannabis to patients for
medical purposes without a good faith examination, as
specified, authorized counties to impose a tax upon specified
cannabis-related activity, and set forth standards for the
licensed cultivation of medical cannabis.
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SUPPORT AND OPPOSITION:
Support:
None on file as of June 14, 2016.
Opposition:
None on file as of June 14, 2016.
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