BILL ANALYSIS Ó SB 987 Page 1 Date of Hearing: June 20, 2016 ASSEMBLY COMMITTEE ON REVENUE AND TAXATION Sebastian Ridley-Thomas, Chair SB 987 (McGuire) - As Amended June 13, 2016 2/3 vote. Fiscal committee. SENATE VOTE: 27-10 SUBJECT: Medical marijuana: Marijuana User Fee Act SUMMARY: Enacts the Marijuana User Fee Act (Fee Act). Specifically, this bill: 1)Imposes a fee, on and after January 1, 2018, on the consumption or other use in this state of "medical marijuana" purchased from any "retailer" for the consumption or other use in this state at the rate of 10% of the sales price of the "medical marijuana". 2)Provides that every "purchaser" consuming or otherwise using in this state "medical marijuana" that the "purchaser" purchased from a "retailer" for consumption or other use in SB 987 Page 2 this state is liable for the fee. The "purchaser's" liability is not extinguished until the fee has been paid to this state, except that a receipt from a "retailer" engaged in business in this state given to the "purchaser" is sufficient to relieve the "purchaser" from further liability for the fee to which the receipt refers. 3)Provides that a "purchaser" is not liable for the tax [sic] if the "purchaser" has an identification card issued under Health and Safety Code Section 11362.7 et seq. indicating that the "purchaser" has low income. 4)Requires every "retailer" engaged in business in this state and making sales of "medical marijuana" to a "purchaser" to, at the time of making such a sale, collect the fee as a charge separate from, and not included in, any other fee, charge, or other amount paid by the "purchaser". 5)Requires every "retailer" engaged in business in this state to collect the fee from the "purchaser" and to give the "purchaser" a receipt, as specified. 6)Provides that a "retailer" engaged in business in this state shall not collect the tax [sic] from a "purchaser" who, at the time of the sale, presents the "retailer" with an identification card issued under Health and Safety Code Section 11362.7 et seq. indicating that the "purchaser" has low income. 7)Defines "medical marijuana" to mean medical cannabis, as defined in Business and Professions Code (B&PC) Section 19300.5. SB 987 Page 3 8)Defines a "retailer" to include every person that makes any "retail sale" or sales of medical marijuana. The term also includes a person holding a dispensary license issued under the Medical Marijuana Regulation and Safety Act (MMRSA). Furthermore, every person making more than two "retail sales" of medical marijuana during any 12-month period shall be considered a retailer. 9)Defines a "purchaser" as a person that purchases medical marijuana for consumption or other use in this state. 10)Defines a "retail sale" to mean a sale for any purpose other than resale in the regular course of business in the form of medical marijuana. 11)Excludes from the definition of sale or purchase the transfer of title or possession, exchange, or barter of medical marijuana for a consideration between a "qualified patient" and his or her "primary caregiver". 12)Defines a "qualified patient" as a person who is entitled to the protections of the Compassionate Use Act of 1996 (Proposition 215). 13)Defines a "primary caregiver" as a person who is exempt from the licensure requirements of the MMRSA under B&PC Section 19319(b). 14)Requires the State Board of Equalization (BOE) to administer and collect the fee pursuant to the Fee Collection Procedures Law, as specified. SB 987 Page 4 15)Specifies that a retailer is relieved from liability to collect the fee that became due and payable, insofar as the measure of the fee is represented by accounts that have been found to be worthless and charged off by the retailer in accordance with generally accepted accounting principles. 16)Authorizes the BOE to prescribe, adopt, and enforce any emergency regulations as necessary to implement this bill. 17)Provides that the fee shall be due and payable to the BOE quarterly on or before the last day of the month next succeeding each quarterly period. 18)Provides that, on or before the last day of the month following each quarterly period, a return for the preceding quarter shall be filed using electronic media with the BOE. 19)Provides that a retailer required to collect the fee must register for a permit with the BOE. The BOE, in turn, is required to issue to each applicant a separate permit for each place of business in California. 20)Authorizes the BOE, upon hearing and proper notice, to revoke or suspend a permit whenever a retailer fails to comply with this bill's provisions. 21)Establishes the Marijuana User Fee Fund (Fund) in the State Treasury. 22)Provides that, except as otherwise specified, moneys in the Fund shall be allocated by the Controller annually as follows: SB 987 Page 5 a) 30% to the General Fund; b) 30% to the Bureau of Medical Marijuana Regulation for the administration of a grant program to distribute grants to local agencies that oversee or are affected by the regulation of cultivating, processing, manufacturing, distributing, and selling of medical marijuana, that undertake enforcement activities pertaining to the cultivation of marijuana in violation of state law or local ordinance, or that are involved in a fire suppression, emergency medical, or other "all-risk" response to a marijuana cultivation, processing, manufacturing, or distribution incident, upon appropriation by the Legislature. The grants shall be made available beginning on or before July 1, 2018, and no more than 5% of any funds allocated may be used for administrative costs of the grant program by the bureau or for any administrative costs of the local agency awarded the grant; c) 20% to the Department of Parks and Recreation for the stewardship, operation, maintenance, and preservation of state park units, including units operated on behalf of the state by local or regional agencies or by nonprofit organizations, upon appropriation by the Legislature; and, d) 20% to "counties" for drug and alcohol treatment programs, distributed based on the ratio of each county's population to the total population of all counties, as specified, upon appropriation by the Legislature. Requires any funds appropriated to be used for drug and alcohol treatment and recovery and case management services. For purposes of this allocation, counties are defined as a county mental health department, two or more county mental health departments acting jointly, or a city-operated program receiving funds pursuant to Welfare and SB 987 Page 6 Institutions Code Section 5701.5. 23)Specifies that funds for the implementation and administration of the Fee Act shall be advanced to the Fund as a General Fund or special fund loan, and shall be repaid by the initial revenues, less refunds, collected. 24)Authorizes the Director of Finance to provide an initial operating loan from the General Fund to the Fund that does not exceed $5 million. 25)Provides that, beginning in 2018, and at least every other year thereafter, the Legislative Analyst must review and evaluate the fee, and provide a report to specified Assembly and Senate Committees making recommendations regarding the fee rate and revenue allocations. 26)Provides that the Fee Act shall not be interpreted to preclude a city, county, or city and county from enacting or continuing to enforce a local ordinance that imposes any fees, taxes, or other charges on the consumption or other use of medical marijuana, as may be otherwise authorized by law. 27)Provides that the Fee Act shall only become operative if Secretary of State Initiative Number 1762, also known as the Control, Regulate and Tax Adult Use of Marijuana Act, is not approved by the voters at the November 8, 2016, statewide general election. 28)Contains legislative findings that edible cannabis products, as defined in B&PC Section 19300.5 and as applicable to this bill's provisions, are not considered a food product for purposes of Section 34 of Article XIII of the California SB 987 Page 7 Constitution. 29)Modifies the state's existing Medical Marijuana Program to: a) Require a person seeking an identification card to provide documentation of the person's income to the county health department or the county's designee; b) Require, within 30 days of receipt of an application for an identification card, a county health department or the county's designee to determine whether the applicant has low income. Specifies that an applicant has low income if the applicant's income is less than 200% of the federal poverty guidelines; and, c) Require an identification card issued by the county health department to contain an indication that the cardholder has low income, if applicable. EXISTING FEDERAL LAW prohibits the manufacture, possession, sale, or distribution of marijuana. [21 United States Code Section 841 et seq.] EXISTING STATE LAW: 1)Imposes a sales tax on retailers for the privilege of selling tangible personal property (TPP), absent a specific exemption. The tax is based upon the retailer's gross receipts from TPP sales in this state. 2)Imposes a complimentary use tax on the storage, use, or other consumption of TPP purchased out-of-state and brought into SB 987 Page 8 California. The use tax is imposed on the purchaser, and unless the purchaser pays the use tax to an out-of-state retailer registered to collect California's use tax, the purchaser remains liable for the tax. The use tax is set at the same rate as the state's sales tax and must generally be remitted to the BOE. 3)Applies the sales and use tax (SUT) to retail sales of marijuana, including medical marijuana, to the same extent as any other retail sale of TPP. 4)Provides a SUT exemption for medicines, when the medicines are: a) Prescribed by an authorized person and dispensed on a prescription filled by a pharmacist; b) Furnished by a licensed physician to his or her own patient; or, c) Furnished by a health facility for treatment pursuant to a licensed physician's order, or sold to a licensed physician. [Revenue and Taxation Code Section 6369] 5)Defines "cannabis" as 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. [B&PC Section 19300.5] FISCAL EFFECT: The BOE's fiscal estimate for this bill is currently pending. COMMENTS: SB 987 Page 9 1)The author has provided the following statement in support of this bill: For decades, state and local taxpayers have had to foot the bill for the enormous costs associated with illegal and rouge marijuana sales. SB 987 implements a [10] percent User Fee on all medical marijuana products - including edibles, tinctures, salves and vapes. [. . .] And it comes only from people who are purchasing Marijuana Products, no one else. Some have expressed concern that this User Fee, combined with sales tax and perhaps local fees, will create a rate that keeps people in the black market. We have spent a lot of time researching this, and assure you that no one has more incentive to get people out of the black market [than] ourselves and people in my district. SB 987 Page 10 We have done our very best to learn from the mistakes of other states on this issue . . . Sometimes it's good to be number 3. Washington State started out with a total 75% levy. They quickly learned that this rate was way too high. Washington responded with a "Point of Sale" rate, (like ours, but much higher) of 37 percent, and it has worked very well ever since. Colorado also started out with a complicated, multi-tier formula that charged too much, and [has] since settled on a more simple point of sale fee that is still nearly double what we are proposing. We have worked with individuals and groups who are concerned about the "patient protection" aspects of our bill, and have made the following adjustments: SB 987 Page 11 1. We made sure that patients who grow their own medicine for themselves and their families are not subject to this User Fee. 2. We have specifically included language, at the request of the Drug Policy Alliance, that ensures that transactions between care givers and patients are also exempt from this User Fee. This includes many of the most financially and medically fragile people in this state, as well as some of its most passionate advocates. 3. This User Fee will not apply to anyone who is not currently required to be licensed with the BOE and to pay Sales Tax under current law. In other words, if you are not required to have a Seller's Permit by the state, you don't have to charge or collect this User Fee. Anyone who is required to pay sales tax now will have to pay it. Very fair and simple. This bill doesn't add a burden to anyone who is not already required to be in the system. SB 987 Page 12 4. AND - we have prepared an amendment for this committee that will exempt a qualified patient if they can prove that their income falls under 200% of the federal poverty guidelines to make sure that legitimate [patients] don't have a financial barrier. For decades taxpayers have had to bear the cost of public safety to deal with the black market and criminal element of the industry. Every police and fire chief and county sheriff in your districts can detail the costs that they have had to cover. In addition, our state general fund has had to pay the immense costs to the Judicial, Human Services and other functions over these same decades. Every year we struggle to make decisions on how to fund these crucial aspects of our society, and every year we come up short. And remember, only people who purchase Marijuana Products will be paying this fee. SB 987 Page 13 2)This bill is supported by the Rural County Representatives of California, which notes the following: The issue of marijuana regulation and cultivation is of great importance to California's rural counties. In the last several years, there has been a dramatic proliferation of marijuana cultivation throughout many of the rural counties and the scale and volume of individual grow sites has enlarged. In the final hours of the 2015 Regular Legislative Session, the Legislature enacted a medical marijuana licensing/regulatory framework. RCRC has advocated that any licensing scheme address a variety of environmental-related issues - land conversion, grading, pesticide use, agricultural discharges, water quality and diversion, etc. for licensed marijuana cultivators. In the license/regulatory framework package adopted last year, monies for environmental issues will be derived primarily from fines and penalties and some regulatory license fees. The revenue projections that are derived from these sources are likely to be inadequate to fully address the scale of environmental degradation associated with marijuana grows - legal or otherwise. As such, additional monies will be needed. 3)This bill is opposed by Americans for Safe Access, which notes the following: This tax is an unfair burden on legal medical cannabis patients, may serve to undermine the implementation of state law and is being imposed prematurely. ASA urges lawmakers to delay a decision on any medical cannabis tax measure until we have more clarity on the legal landscape SB 987 Page 14 and more information about the costs and revenue generated by existing law related to commercial medical cannabis activity. [. . .] SB 987 places an unnecessary burden on law-abiding patients. Medical cannabis is already very expensive, and it is not covered by insurance. Unlike prescription medicines, medical cannabis is already subject to sales tax of between 7.5% and 10%. Furthermore, a number of cities have imposed an additional tax of between 5% and 15% on medical cannabis. The bill provides for an exemption for patients who pay a fee to obtain an ID card pursuant to the Medical Marijuana Program Act and have an income that is less than 200% of the federal poverty guidelines. This limited gesture will do little to address the economic impact of SB 987 on the large majority of legal medical cannabis patients who do not meet those criteria. 4)The BOE notes the following in its staff analysis of this bill: a) Marijuana User Fee not subject to sales tax : "Under existing [SUT] Law, [R&TC] Section 6012(a)(2) provides that taxable gross receipts include all amounts received with respect to the sale, with no deduction for the cost of the materials used, labor or service cost, or any other expense of the retailer passed on to the customer. "This bill imposes the Marijuana User Fee on the purchasers of medical marijuana, not on the retailers who sell the item. When retailers separately state the Marijuana User Fee on the receipts they issue to purchasers, the retailers SB 987 Page 15 are not passing on expenses to the purchaser but are instead collecting the fee from the purchaser as required by statute. Therefore, the Marijuana User Fee is not included in gross receipts." b) This bill could complicate marijuana retailers' records and reporting : "Medical marijuana retailers already must collect and remit [SUT] on the retail sale of medical marijuana in California. Medical marijuana retailers most likely sell other [TPP] subject to [SUT]. Adding an additional assessment that would be collected from purchasers would require retailers to keep track of marijuana product sales separately from other sales of [TPP]." c) Bill could set precedent : "Imposing varying taxes or fees on specific commodities complicates tax and fee administration and could set a precedent for establishing multiple taxes or fees on other classes of [TPP]. This results in increasing BOE administrative costs and an increased record-keeping burden on taxpayers." d) Point of fee imposition : "Typically, BOE staff recommends that excise taxes and fees be imposed as high in the distribution chain as possible since there are fewer taxpayers and therefore less potential for evasion. This concern is magnified with respect to the cannabis industry, as historically it has been unregulated with low rates of tax compliance. The industry is currently substantially noncompliant. Increasing taxes or fees due at the retail level will likely increase diversion; however, that may be reduced due to the track-and-trace requirements set forth in the MMRSA. Auditing will be more difficult at the retail level than at the distribution level. SB 987 Page 16 "The highest point in the cannabis distribution chain would be the grower. However, BOE staff understands that due to the high number of growers, imposing a fee at that level would be inefficient. Therefore, the distributor level, similar to the taxation of cigarettes, may be a more appropriate point of fee imposition, as auditing is less difficult with fewer feepayers." e) Cash Payments : "Collecting cash payments from cannabis retailers currently is challenging both from a compliance and public safety standpoint. Under existing law, retailers must report sales taxes ranging from 7.50 percent to 10.00 percent. Collecting cash payments from these retailers on sales taxes alone has created administrative and safety issues for BOE staff and retailers. By imposing [a] marijuana user fee at the retail level, retailers will be responsible for remitting up to three times their current payments. This significant increase in the level of cash payments from cannabis retailers will lead to enhanced public safety concerns." f) Primary caregiver exemption : "This bill defines a 'primary caregiver' as a person exempt from licensure under the MMRSA. The MMRSA exempts a primary caregiver that has no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of the Medical Marijuana Program. The bill prohibits a primary caregiver from receiving payment for their activities, except for compensation for actual expenses, including reasonable compensation incurred for qualified patient services or for payment for out-of-pocket expenses in providing services. "This bill makes clear that a 'sale' or 'purchase' does not include the transfer of title or possession, exchange, or barter of medical marijuana for a consideration between a SB 987 Page 17 qualified patient and his or her primary caregiver, as that is already limited to compensation for actual expenses." 5)Committee staff comments: a) An overview of federal law : Federal law prohibits the manufacture, possession, sale, or distribution of marijuana. Congress enacted the Controlled Substances Act (CSA) as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The CSA sets forth five "schedules" of specified drugs and other substances designated "controlled substances." For a drug or other substance to be designated as a "Schedule I" controlled substance, it must be found that the substance "has a high potential for abuse", and has "no currently accepted medical use in treatment in the United States". Federal law lists marijuana as a Schedule I controlled substance, deemed to have no accepted medical use. i) The Cole Memo : On August 29, 2013, the U.S. Department of Justice issued guidance to federal prosecutors regarding cannabis enforcement under the CSA (referred to as the "Cole Memo"). The Cole Memo reiterated the Department's commitment to enforcing the CSA consistent with Congress' determination that cannabis is a dangerous drug that provides a significant source of revenue to large-scale criminal enterprises, gangs, and cartels. In furtherance of this objective, the Cole Memo instructed Department attorneys and law enforcement officials to focus on the following eight enforcement priorities: (1) Preventing the distribution of marijuana to minors; SB 987 Page 18 (2) Preventing revenue from marijuana sales from going to criminal enterprises, gangs, and cartels; (3) Preventing the diversion of marijuana from states where it is legal under state law in some form to other states; (4) Preventing state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity; (5) Preventing violence and the use of firearms in the cultivation and distribution of marijuana; (6) Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use; (7) Preventing the growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; and, (8) Preventing marijuana possession or use on federal property. Under the Cole Memo, these priorities will guide the Department's enforcement of the CSA against marijuana-related conduct. While the Cole Memo's guidance was issued in response to recent marijuana SB 987 Page 19 legalization initiatives in other states, it applies to all Departmental marijuana enforcement nationwide. ii) Public Law 113-235 : Operative December 16, 2014, Public Law 113-235 prohibits the U.S. Department of Justice from using funds to prevent specified states, including California, from implementing laws that authorize the use, distribution, possession, or cultivation of medical marijuana. b) An overview of state law : The California Uniform Controlled Substances Act prohibits, except as authorized, the possession, cultivation, transportation, and sale of marijuana and marijuana derivatives. Under Proposition 215, however, existing law does authorize a patient (or the patient's primary caregiver) to cultivate or possess marijuana for the patient's medical use when recommended by a physician, as specified. i) SB 420 : SB 420 (Vasconcellos), Chapter 875, Statutes of 2003, established statewide guidelines for Proposition 215 enforcement. Specifically, SB 420 called for the establishment of a voluntary program for the issuance of identification cards to qualified patients. SB 420 further specified that no patient or primary caregiver in possession of a valid identification card shall be subject to arrest for possession, transportation, delivery, or cultivation of medical marijuana, as specified. ii) Medical Marijuana Regulation and Safety Act : In 2015, the Legislature enacted the MMRSA through a package of bills establishing a comprehensive licensing and regulatory framework for medical marijuana. Specifically, the MMRSA consists of three bills: (1) SB SB 987 Page 20 643 (McGuire), Chapter 719, Statutes of 2015; (2) AB 243 (Wood), Chapter 688, Statutes of 2015; and, (3) AB 266 (Bonta), Chapter 689, Statutes of 2015. Among its provisions, the MMRSA established the Bureau of Medical Marijuana Regulation within the Department of Consumer Affairs to oversee and enforce the state's medical marijuana regulations, in collaboration with the California Department of Public Health and the California Department of Food and Agriculture (CDFA). Additionally, the law established categories of licenses for various medical marijuana activities, such as cultivation, manufacturing, distribution, transportation, and sale. AB 266 also added R&TC Section 31020 to require the BOE, in consultation with the CDFA, to adopt a system to report commercial cannabis and cannabis product movement throughout the distribution chain (i.e., "track and trace"). The adopted system must employ secure packaging and provide information to the BOE. Section 31020 also requires the system to capture, at a minimum, all of the following: (1) The amount of tax due by the designated entity; (2) The name, address, and license number of the designated entity that remitted the tax; (3) The name, address, and license number of the succeeding entity receiving the product; (4) The transaction date; and, SB 987 Page 21 (5) Any other information the BOE deems necessary for the taxation and regulation of marijuana and marijuana products. c) What would this bill do ? This bill would impose a fee on the consumption or other use in California of medical marijuana purchased from any retailer at the rate of 10% of the sales price. The fee would apply on and after January 1, 2018. The BOE would be charged with administering the new fee and promulgating regulations to aid in administration. Revenues from the new fee would be deposited into a newly established Fund, and thereafter allocated pursuant to a statutory formula. Specifically, 30% of revenues would be allocated to the state General Fund, 30% would be allocated to the Bureau of Medical Marijuana Regulation for the administration of a grant program, 20% would be allocated to the Department of Parks and Recreation, and the remaining 20% would be allocated to counties for drug and alcohol treatment programs. d) Determining the appropriate point of taxation : This bill would impose a new fee on the purchasers of medical marijuana. In other words, while medical marijuana retailers would be tasked with collecting and remitting the fee, the legal incidence of the fee would fall on the consumer. Imposing the legal incidence of the fee on consumers raises a number of policy issues this Committee may wish to consider. As the BOE notes, it is generally advisable to impose any new tax or fee of this nature as high up in the distribution chain as is feasible. This eases the BOE's administrative responsibilities by limiting the number of tax or feepayers with whom the BOE must interact. Limiting the pool of tax or feepayers also eases the BOE's audit and enforcement functions. SB 987 Page 22 In the case of medical marijuana, the distribution chain begins with cultivators. Given the large number of marijuana growers, the BOE has suggested that it may be more appropriate to impose a new marijuana tax or fee at the distributor level. Critics of such an approach, however, contend that while the MMRSA is working to impose order on a previously unregulated industry, the industry, at present, does not follow traditional lines of production and distribution. Thus, it may take some time for the industry to become "regularized" to a degree where imposition of a tax at the distribution level is practicable. Thus, they argue for a point-of-sale exaction similar to the state's sales tax. It should be noted, however, that the state's sales tax is technically imposed on retailers, who are then authorized to collect reimbursement from their customers. In this manner, the BOE limits the number of taxpayers with whom it interacts. As such, it is not entirely clear to Committee staff why this bill's exaction is not structured in a similar way, with the fee legally imposed on retailers of medical cannabis, and explicit authorization granted to recoup the fee from cannabis consumers. e) Taxing medicine : As noted above, the existing SUT Law provides an exemption for medicines when those medicines are prescribed by an authorized person and dispensed by a pharmacist. This exemption recognizes that the SUT is a relatively regressive tax, imposing a disproportionate financial burden on those with modest means. Moreover, this exemption recognizes that individuals should have access to necessities of life, such as food and prescription medications, at affordable prices. This bill, however, takes a slightly different tact by imposing a new exaction specifically on consumers of medical marijuana. SB 987 Page 23 Proponents of such an approach might argue that California's medical marijuana regime has resulted in de facto legalization of recreational marijuana use, and that this growing industry and its consumers should be required to pay for some of the industry's negative externalities. Critics of such an approach, however, might point out that Proposition 215 was designed to provide individuals with severe illnesses a degree of comfort and relief. Thus, increasing the cost of marijuana for such patients might serve as a barrier to such relief. The author has attempted to address this concern, albeit indirectly, by providing an exemption for consumers of low income. All of this, however, raises the question of whether it might be appropriate to defer the establishment of a tax regime until after the voters have had a chance to decide whether to legalize recreational marijuana. f) How does this bill fit in with the changing legal landscape ? There is at least one marijuana legalization initiative currently pending signature verification. Specifically, Initiative Number 1762 would legalize both marijuana and hemp under state law. The initiative would also impose a state excise tax on retail sales of marijuana equal to 15% of the sales price, along with state cultivation taxes on marijuana of $9.25 per ounce of flowers and $2.75 per ounce of leaves. In addition, the proposed initiative would exempt medical marijuana from some taxation. To prevent inconsistencies, this bill provides that the Fee Act shall only become operative if Initiative Number 1762 is not approved by the voters at the November 8, 2016, statewide general election. SB 987 Page 24 g) Related legislation : AB 2243 (Wood) would impose a tax in specified amounts upon the distribution of medical cannabis flowers, medical cannabis leaves, and immature medical cannabis plants. Revenues from the tax would be continuously appropriated to, among other things, fund competitive grants for local law enforcement-related activities pertaining to illegal cannabis cultivation. Revenues would also be used to fund a competitive grant program for environmental cleanup restoration and protection of public and private lands that have been damaged by illegal cannabis cultivation. AB 2243 passed the Assembly Floor by a vote of 60 to 12 and is pending hearing by the Senate Committee on Governance and Finance. h) Suggested technical amendments : Committee staff suggests adoption of the following technical amendments: i) On page 6, in line 29, after "county," insert "city and county,"; ii) On page 8, in line 16, strike "tax" and insert "fee"; and, iii) On page 8, in line 29, strike "tax" and insert "fee". REGISTERED SUPPORT / OPPOSITION: SB 987 Page 25 Support California State Association of Counties Rural County Representatives of California Opposition Americans for Safe Access California NORML Fresno Cannabis Association UCBA Trade Association Analysis Prepared by:M. David Ruff / REV. & TAX. / (916) 319-2098 SB 987 Page 26