Pages tagged "AB 266"


The Medical Marijuana Regulation and Safety Act will license and regulate commercial medical cannabis activity in California

CA Gov. Jerry BrownCalifornia Governor Jerry Brown signed three historic bills today that will finally license and regulate commercial medical cannabis activity in the state. Known collectively as the Medical Marijuana Regulation and Safety Act (MMRSA), the bills create a legal framework for medical cannabis cultivation, manufacturing, distribution, transportation, sales, and testing. ASA has been working on state regulations since 2012, because our research and experience show that sensible regulations are good for legal patients and communities. AB 243, AB 266, and SB 643 are a big step forward for patients, industry, other medical cannabis stakeholders, and community members.

So now what? Please join ASA California Director Don Duncan on a live Google Hangout on Thursday, October 15, at 8:00 PM PT for a broadcast entitled What’s Next for Medical Cannabis… Regulation, Legalization, and More.” You can participate in the broadcast using Google+ (you must install free software) or watch without the interactive features on YouTube (no software to install). 

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The Medical Marijuana Regulation and Safety Act will finally license and regulation commercial medical cannabis activity in California

During a news conference in Oakland Assemblymember Rob Bonta (D-Oakland) and Don Duncan with Americans for Safe Access were joined by Assemblymembers Ken Cooley (D-Rancho Cordova) and Tom Lackey (R-Palmdale) and other local and state advocates to urge Governor Jerry Brown to sign a trio of medical marijuana bills that passed the Legislature. Assemblymember Bonta, lead author of Assembly Bill 266, told the media “With this legislation, the ‘wild west’ of the medical marijuana industry will be reined in and all of California will benefit.” Duncan says he feels the legislation will benefit patients, law enforcement and communities, “We know from our research and our experience that sensible regulations for medical cannabis preserves safe and legal access for patients and communities...and they reduce crime.” Here’s more in this Assembly Access video. http://www.asmdc.org/bonta


What do AB 243, AB 266, and SB 643 do

Three separate bills comprise the Medical Marijuana Regulation and Safety Act (MMRSA) – AB 243, AB 266, and SB 643. Each deals with different aspects of licensing and regulating commercial medical cannabis cultivation, manufacturing, distribution, transportation, sales, and testing. This is a brief summary of the bills, based on the digest prepared by the Legislative Counsel’s office. You may also want to review a summary of this legislation prepared by Dale Gieringer, Ph.D., from CA NORML.

Be sure to check out the dates and deadlines in the MMRSA in the link below and to the right.

Nothing on this page should be construed as legal, financial, or licensing advice.  This information is provided for educational purposes only. ASA strongly recommends that any applicant or potential applicant seek legal advice regarding your rights and responsibilities under the MMRSA and other local, state, and federal laws.  

AB 243 (Wood)

This bill would require the Department of Food and Agriculture, the Department of Pesticide Regulation, the State Department of Public Health, the Department of Fish and Wildlife, and the State Water Resources Control Board to promulgate regulations or standards relating to medical marijuana and its cultivation, as specified. The bill would also require various state agencies to take specified actions to mitigate the impact that marijuana cultivation has on the environment. By requiring cities, counties, and their local law enforcement agencies to coordinate with state agencies to enforce laws addressing the environmental impacts of medical marijuana cultivation, and by including medical marijuana within the Sherman Act, the bill would impose a state-mandated local program.

This bill would require a state licensing authority to charge each licensee under the act a licensure and renewal fee, as applicable, and would further require the deposit of those collected fees into an account specific to that licensing authority in the Medical Marijuana Regulation and Safety Act Fund, which this bill would establish. This bill would impose certain fines and civil penalties for specified violations of the Medical Marijuana Regulation and Safety Act, and would require moneys collected as a result of these fines and civil penalties to be deposited into the Medical Cannabis Fines and Penalties Account, which this bill would establish within the fund. Moneys in the fund and each account of the fund would be available upon appropriation of the Legislature.

This bill would authorize the Director of Finance to provide an initial operating loan from the General Fund to the Medical Marijuana Regulation and Safety Act Fund of up to $10,000,000, and would appropriate $10,000,000 from the Medical Marijuana Regulation and Safety Act Fund to the Department of Consumer Affairs to begin the activities of the bureau.

AB 266 (Bonta)

This bill, among other things, would enact the Medical Marijuana Regulation and Safety Act for the licensure and regulation of medical marijuana and would establish within the Department of Consumer Affairs the Bureau of Medical Marijuana Regulation, under the supervision and control of the Director of Consumer Affairs. The bill would require the director to administer and enforce the provisions of the act.

This bill would also require the Board of Equalization, in consultation with the Department of Food and Agriculture, to adopt a system for reporting the movement of commercial cannabis and cannabis products.

This bill would impose certain fines and civil penalties for specified violations of the act, and would require moneys collected as a result of these fines and civil penalties to be deposited into the Medical Cannabis Fines and Penalties Account.

This bill would repeal these provisions upon the issuance of licenses by licensing authorities pursuant to the Medical Marijuana Regulation and Safety Act, as specified, and would instead provide that actions of licensees with the relevant local permits, in accordance with the act and applicable local ordinances, are not offenses subject to arrest, prosecution, or other sanction under state law.

SB 643 (McGuire)

This bill would, among other things, set forth standards for a physician and surgeon prescribing medical cannabis and require 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. The bill would require the Bureau of Medical Marijuana to require an applicant to furnish a full set of fingerprints for the purposes of conducting criminal history record checks. The bill would prohibit a physician and surgeon who recommends cannabis to a patient for a medical purpose from accepting, soliciting, or offering any form of remuneration from a facility licensed under the Medical Marijuana Regulation and Safety Act. The bill would make a violation of this prohibition a misdemeanor, and by creating a new crime, this bill would impose a state-mandated local program.

This bill would require the Governor, under the Medical Marijuana Regulation and Safety Act, to appoint, subject to confirmation by the Senate, a chief of the Bureau of Medical Marijuana Regulation. The act would require the Department of Consumer Affairs to have the sole authority to create, issue, renew, discipline, suspend, or revoke licenses for the transportation and storage, unrelated to manufacturing, of medical marijuana, and would authorize the department to collect fees for its regulatory activities and impose specified duties on this department in this regard.

The act would require the Department of Food and Agriculture to administer the provisions of the act related to, and associated with, the cultivation, and transportation of, medical cannabis and would impose specified duties on this department in this regard. The act would require the State Department of Public Health to administer the provisions of the act related to, and associated with, the manufacturing and testing of medical cannabis and would impose specified duties on this department in this regard.

This bill would authorize counties to impose a tax upon specified cannabis-related activity.

This bill would require an applicant for a state license pursuant to the act to provide a statement signed by the applicant under penalty of perjury, thereby changing the scope of a crime and imposing a state-mandated local program.

This bill would set forth standards for the licensed cultivation of medical cannabis, including, but not limited to, establishing duties relating to the environmental impact of cannabis and cannabis products. The bill would also establish state cultivator license types, as specified.


Medical cannabis news, events, and more from all over the state

CA Weekly Roundup

Contents (Scroll down for details and links):

News

  • Medical Marijuana Regulation and Safety Act of 215
  • Local

Events

  • March 18-22, 2016 – Early Bird Registration: National Medical Cannabis Unity Conference (Washington, DC)

Court Support

  • September 24, 2015 - Court Support for Frank and Marthalina Huerta (Porterville)
  • More

Take Action Now

  • Sign the Petition to Ask Your Representative and Senators to Sign on to the CARERS Act! (National)

ASA Website Spotlight

  • California Legislature Wrap Up 2015
  • National Medical Cannabis Unity Conference 2016

Chapter & Affiliate Meetings

  • September 22, 2015 - San Diego ASA (San Diego)
  • September 24, 2015 - Sacramento ASA (Sacramento)
  • September 27, 2015 - Nevada County ASA (North San Juan)
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Medical cannabis news, events, and more from all over the state

CA Weekly Roundup Banner

Join us for a live Google Hangout to talk about who won, who lost, and what come’s next in Sacramento. The “California Legislative Roundup 2015” starts at 8:00 PM PT on Tuesday, September 15. Get the links to join this free online event in the Public Meetings & Events Section of the California Weekly Roundup.

Contents (Scroll down for details and links):

News

  • California
  • Local

Events

  • September 15, 2015 – Live Google Hangout: California Legislative Roundup (Online)
  • March 18-22, 2016 – Early Bird Registration: National Medical Cannabis Unity Conference (Washington, DC)

Court Support

  • September 24, 2015 - Court Support for Frank and Marthalina Huerta (Porterville)
  • More

Take Action Now

  • Sign the Petition to Ask Your Representative and Senators to Sign on to the CARERS Act! (National)
  • Medical Marijuana: A Patient Survey (California)

ASA Website Spotlight

  • Blog: Voices From the Frontlines
  • National Medical Cannabis Unity Conference 2016

Chapter & Affiliate Meetings

  • September 15, 2015 - Nevada County ASA (Grass Valley)
  • September 16, 2015 - East Bay ASA (Berkeley)
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California Legislative Roundup 2015

CA Capitol BuildingThe California Legislature adjourned tonight, following a session that included more than a dozen bills concerning medical cannabis. Patients, providers, and other stakeholders scored some big victories in Sacramento this year, and now we have important work to do. ASA is committed to working hard to build on the momentum of the legislative session. We are going to be aggressively defending new rights won this year, helping write new regulations for commercial medical cannabis activity, acting as a watchdog on implementation, and more. We are going to need your help and support to get it done.

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Medical cannabis news and events from around California

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Happy Labor Day! Take action today to oppose unreasonable taxes on medical cannabis cultivation in California, and stay tuned for breaking news on legislation to license and regulate commercial medical cannabis activity this week. Be sure to check FaceBook and Twitter to stay up to date!

The California Legislature adjourns for the year this Friday. Join me for a live Google Hangout online at 8:00 PM on Tuesday, September 15, for the “California Legislative Roundup” to find out what bills made it and what comes next. See the links below.

Contents (Scroll down for details and links):

News

  • National
  • California
  • Local

Events

  • September 9, 2015 - Medical Cannabis Industry Business Resource Seminar (Los Angeles)
  • September 15, 2015 – Live Google Hangout: California Legislative Roundup (Online)
  • March 18-22, 2016 – Early Bird Registration: National Medical Cannabis Unity Conference (Washington, DC)

Court Support

  • September 24, 2015 - Court Support for Frank and Marthalina Huerta (Porterville)
  • More

Take Action Now

  • Oppose AB 243 in the California Senate (California)
  • Medical Marijuana: A Patient Survey (California)

ASA Website Spotlight

  • National Medical Cannabis Unity Conference 2016
  • ASA-CCSA Email Discussion List

Chapter & Affiliate Meetings

  • September 10, 2015 – Brownie Mary Democratic Club of San Francisco (San Francisco)

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Medical cannabis news, events, and more from all over the state

Contents (Scroll down for details and links):

News

  • National
  • California
  • Local

Events

  • August 26, 2015 - Improving Analysis and Quality Control of Cannabis Products Using Complementary Analytical Techniques (Online)
  • August 26, 2015 – Assembly Appropriations Hearing on SB 643 (Sacramento)
  • August 27, 2015 – Senate Appropriations Hearing on AB 243 and AB 266 (Sacramento)
  • August 30, 2015 - 2nd Annual Sonoma Blossom Festival (Santa Rosa)
  • March 18-22, 2016 - National Medical Cannabis Unity Conference (Washington, DC)

Court Support

  • August 26, 2016 – Court Support for Levine (Oroville)
  • More

Take Action Now

  • Sign the Petition to Ask Your Representative and Senators to Sign on to the CARERS Act!  (National)
  • 5 Things People Can Do to Help Create Safe Access (National)
  • Medical Marijuana: A Patient Survey (California)

ASA Website Spotlight

  • 2015 Legislation
  • ASA-CCSA Email Discussion List

Chapter & Affiliate Meetings

  • August 25, 2015 - San Diego ASA (San Diego)
  • August 27, 2015 – Sacramento ASA (Sacramento)
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Research and experience show that sensible regulations are good for patients, providers, and communities

CA Capitol BuildingThe California State Legislature will return from summer recess on Monday, and three medical cannabis bills will be on the table that day. The Senate Appropriations committee will hear testimony on bills to license and regulate commercial medical cannabis activity and to toughen laws related to manufacturing concentrated cannabis. You can read more about AB 243 (Wood), AB 266 (Bonta), and AB 849 (Bonilla) on ASA’s email discussion list or our website.

While California has been slow to license and regulate commercial medical cannabis activity, other states have already moved successfully in that direction. Patients in Colorado, Arizona and Maine already get their medicine from fully functional and well-regulated medical cannabis programs.  ASA is committed to bringing the proven benefits of regulation to patients and other stakeholders in California. 

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The California legislature has a full plate this year when it comes to medical cannabis

California Capitol BuildingThe California State Legislature will adjourn for their summer recess tomorrow, following a flurry of activity surrounding medical cannabis. Legislative policy committees have approved at least eight bills that touch on almost every aspect of the issue. These bills are both good and bad for patients, providers, and others. However, they all share one common trait: they are moving easily through the process. After failing to adopt a significant medical cannabis bill since the Medical Marijuana Program Act in 2003 (SB 420), lawmakers are determined to pass bills this year. Most of bills have passed easily through committee votes so far – some with no opposition at all.

Lawmakers will have three weeks to get bills through the Appropriations Committees and to a final floor vote when they get back to Sacramento on August 17. Not every bill will make it. The Appropriations Committees are tasked with determining which policy decisions the state can afford. Many bills never make it out of these powerful committees. Bills that make it through Appropriations are likely to be adopted in a final floor vote before September 11. Governor Jerry Brown will then have until October 11 to sign or veto each bill. Things will move quickly between now and the end of the session. Patient advocates must stay alert and active to make a difference in the home stretch. 

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