BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2650|
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THIRD READING
Bill No: AB 2650
Author: Buchanan (D), et al
Amended: 7/15/10 in Senate
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE : 4-0, 6/30/10
AYES: Cox, Aanestad, Kehoe, DeSaulnier
NO VOTE RECORDED: Price
SENATE PUBLIC SAFETY COMMITTEE : 4-2, 6/29/10
AYES: Cedillo, Hancock, Huff, Steinberg
NOES: Leno, Wright
NO VOTE RECORDED: Cogdill
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 54-15, 6/3/10 - See last page for vote
SUBJECT : Medical marijuana
SOURCE : Peace Officers Research Association
DIGEST : This bill: (1) prohibits operation or
establishment of a medical marijuana cooperative,
collective, dispensary or provider within 600 feet of a
school; (2) to provides that ordinances adopted prior to
the effective date of this bill (1/1/2011) regulating the
location or establishment of such a medical marijuana
entity shall not be preempted by this bill; and (3)
authorizes a local entity to only adopt an ordinance that
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restricts the location or establishment of a medical
marijuana entity "further" than those entities are
restricted by this bill.
ANALYSIS : Existing law, the Compassionate Use Act of
1996 (Health & Safety Code Section 11362.5), includes the
following purposes:
To ensure that seriously ill Californians have the
right to obtain and use marijuana for medical purposes
where such use is deemed appropriate and has been
recommended by a physician who has determined that the
person's health would benefit from the use of
marijuana in the treatment of cancer, anorexia, AIDS,
chronic pain, spasticity, glaucoma, arthritis,
migraine, or any other illness for which marijuana
provides relief.
To ensure that patients and their primary
caregivers who obtain and use marijuana for medical
purposes upon the recommendation of a physician are
not subject to criminal prosecution or sanction.
To encourage the federal and state governments to
implement a plan to provide for the safe and
affordable distribution of marijuana to all patients
in medical need of marijuana. (Health and Safety Code
Section 11362.5, subd. (b)(1)(A)- (C).)
Existing law, the Compassionate Use Act also provides:
The act shall not be construed to supersede
legislation prohibiting persons from engaging in
conduct that endangers others, or to condone the
diversion of marijuana for non-medical purposes.
(Health & Safety Code Section 11362.5, subd. (b)(2).)
No physician in California shall be punished, or
denied any right or privilege, for having recommended
marijuana to a patient for medical purposes. (Health
& Safety Code Section 11362.5, subd. (c).)
Penal laws relating to the possession of marijuana
and the cultivation of marijuana shall not apply to a
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patient, or to a patient's primary caregiver, who
possesses or cultivates marijuana for the personal
medical purposes of the patient upon the written or
oral recommendation or approval of a physician.
(Health & Safety Code Section 11362.5, subd. (d).)
Existing law provides that 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 marijuana for medical purposes, shall not solely
on the basis of that fact be subject to state criminal
sanctions under existing law. (Health & Safety Code
Safety 11362.775.)
This bill provides that its terms shall apply to persons
specified in Health and Safety Code Section 11362.765.
Those persons are 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 marijuana
for medical purposes.
This bill prohibits any medical marijuana cooperative,
collective, dispensary, operator, establishment, or
provider who possess, cultivates, or distributes medical
marijuana, as specified, from being located within 600 feet
of a school.
This bill states that the 600-feet distance shall be the
horizontal distance measured in a straight line from the
property line of the school to the closest property line of
that lot on which the medical marijuana cooperative or
dispensary is located, without regard to intervening
structures.
This bill provides that the 600-feet restriction shall not
apply to medical marijuana cooperatives or dispensaries, as
specified that are also licensed residential medical or
elder care facilities.
This bill provides that this restriction shall only apply
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to medical marijuana cooperatives, collective, dispensary,
operator, establishment or providers that are authorized by
law to possess, cultivate or distribute medical marijuana.
This bill does not preempt local ordinances, adopted prior
to January 1, 2011 (the effective date of this bill), that
regulate the location or establishment of a medical
marijuana cooperative, collective, dispensary, operator,
establishment, or provider.
This bill states that after the effective date of this
bill, a local entity (a city, county or city and county)
can only adopt a local ordinances that impose more
restrictive requirements on the location of a medical
marijuana cooperative, collective, dispensary, operator,
establishment, or provider that is authorized by law to
possess, cultivate or distribute medical marijuana than
imposed under this bill.
This bill defines "school" to mean any public or private
school providing instruction I kindergarten or grades 1 to
12, inclusive, but does not include any private school in
which education is primarily conducted in private homes
The bill contains the following findings and declarations:
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/3/10)
Peace Officers Research Association (source)
Association of California School Administrators
California Narcotics Officers Association
California Police Chiefs' Association
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California State Parent Teacher Association
California State Sheriffs' Association
Elk Grove Chief of Police
Sacramento Police Officers Association
OPPOSITION : (Verified 8/3/10)
Drug Policy Alliance
League of California Cities
Marijuana Policy Project
ARGUMENTS IN SUPPORT : According to the author's office,
"Currently, there is no guidance from the state regarding
the location of medical marijuana dispensaries. In La
Jolla there is dispensary across the street from a high
school, one block from a middle school and four blocks from
an elementary school. This measure simply prevents medical
marijuana dispensaries with a storefront from being located
directly across from a school. By requiring dispensaries
to be located at least 600 feet from a school, this measure
is consistent with the distance most bars and liquor stores
are banned. Additionally, this bill does not preempt
existing local ordinances that regulate the location of
marijuana dispensaries as the most appropriate locations
for these dispensaries to open. This bill represents a
balanced approach between our responsibilities to our
children and schools and the need for patients to have
access to medical marijuana dispensaries."
ASSEMBLY FLOOR :
AYES: Arambula, Bass, Block, Blumenfield, Bradford,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Conway, Coto, Davis, De La Torre, De Leon, Eng, Feuer,
Fong, Fuentes, Fuller, Furutani, Galgiani, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jones, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Nestande, Nielsen, V. Manuel Perez, Portantino,
Ruskin, Salas, Saldana, Skinner, Solorio, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, John
A. Perez
NOES: Adams, Ammiano, Anderson, Beall, Bill Berryhill,
Chesbro, DeVore, Emmerson, Evans, Gaines, Knight, Miller,
Niello, Norby, Silva
NO VOTE RECORDED: Tom Berryhill, Blakeslee, Cook, Fletcher,
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Garrick, Jeffries, Monning, Nava, Smyth, Audra
Strickland, Vacancy
RJG:do 8/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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