BILL NUMBER: AB 2650 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 15, 2010
AMENDED IN SENATE JUNE 10, 2010
AMENDED IN ASSEMBLY MAY 28, 2010
AMENDED IN ASSEMBLY APRIL 15, 2010
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Buchanan
(Coauthors: Assembly Members Carter, Portantino, Torres, and
Torrico)
FEBRUARY 19, 2010
An act to add Section 11362.768 to the Health and Safety Code,
relating to medical marijuana.
LEGISLATIVE COUNSEL'S DIGEST
AB 2650, as amended, Buchanan. Medical marijuana.
Existing law added by initiative, the Compassionate Use Act of
1996, prohibits any physician from being punished, or denied any
right or privilege, for having recommended marijuana to a patient for
medical purposes. The act prohibits the provisions of law making
unlawful the possession or cultivation of marijuana from applying to
a qualified patient, the qualified patient's primary caregiver, or an
individual who provides assistance to the qualified patient or the
qualified patient's primary caregiver, who possesses, cultivates, or
distributes marijuana for the personal medical purposes of the
qualified patient upon the written or oral recommendation or approval
of a physician. Existing statutory law requires the State Department
of Public Health to establish and maintain a voluntary program for
the issuance of identification cards to qualified patients and
establishes procedures under which a qualified patient with an
identification card may use marijuana for medical purposes. Existing
law regulates qualified patients, a qualified patient's primary
caregiver, and individuals who provide assistance to the qualified
patient or the qualified patient's primary caregiver, as specified. A
violation of these provisions is generally a misdemeanor.
This bill would provide that no medical marijuana cooperative,
collective, dispensary, operator, establishment, or provider
authorized by law to possess, cultivate, or distribute medical
marijuana and that has a storefront or mobile retail outlet which
ordinarily requires a local business license shall be located within
a 600-foot radius of any public or private school providing
instruction in kindergarten or grades 1 to 12, inclusive, except
as specified. The bill also would provide that local
ordinances that regulate the location or establishment of these
medical marijuana establishments, adopted prior to January 1, 2011,
would not be preempted by its provisions; and that nothing in the
bill shall prohibit municipal jurisdictions a
city, county, or city and county from adopting ordinances that
further restrict the location or establishment of these medical
marijuana establishments. The bill would express a legislative
finding and declaration that establishing a uniform standard
regulating the proximity of these medical marijuana establishments to
schools is a matter of statewide concern and not a municipal affair
and that, t herefore, all cities and counties, including
charter cities and charter counties, shall be subject to the
provisions of the bill. By creating a new crime, this bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11362.768 is added to the Health and Safety
Code, to read:
11362.768. (a) This section shall apply to individuals specified
in subdivision (b) of Section 11362.765.
(b) No medical marijuana cooperative, collective, dispensary,
operator, establishment, or provider who possesses, cultivates, or
distributes medical marijuana pursuant to this article shall be
located within a 600-foot radius of a school.
(c) The distance specified in this section shall be the horizontal
distance measured in a straight line from the property line of the
school to the closest property line of the lot on which the medical
marijuana cooperative, collective, dispensary, operator,
establishment, or provider is to be located without regard to
intervening structures.
(d) This section shall not apply to a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider that is also a licensed residential medical or elder care
facility.
(e) This section shall apply only to a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider that is authorized by law to possess, cultivate, or
distribute medical marijuana and that has a storefront or mobile
retail outlet which ordinarily requires a local business license.
(f) Nothing in this section shall prohibit municipal
jurisdictions a city, county, or city and county
from adopting ordinances or policies that further restrict the
location or establishment of a medical marijuana cooperative,
collective, dispensary, operator, establishment, or provider.
(g) Nothing in this section shall preempt local ordinances,
adopted prior to January 1, 2011, that regulate the location or
establishment of a medical marijuana cooperative, collective,
dispensary, operator, establishment, or provider.
(h) For the purposes of this section, "school" means any public or
private school providing instruction in kindergarten or grades 1 to
12, inclusive , but does no t include any private
school in which education is primarily conducted in private homes
.
SEC. 2. The Legislature finds and declares that
establishing a uniform standard regulating the proximity of medical
marijuana cooperatives, collectives, dispensaries, operators,
establishments, or providers to schools is a matter of statewide
concern and not a municipal affair, as that term is used in Section 5
of Article XI of the California Constitution. Therefore, this act
shall apply to all cities and counties, including charter cities and
charter counties.
SEC. 2. SEC. 3. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.