Pages tagged "legislation"

  • Information about medical and adult use cannabis legislation in California

    Note: More than fifty bills related to medical and adult use cannabis were introduced this session. This list does not include all of the bills. ASA will update this list after the June 2nd deadline for bills to be approved in their house of origin. We anticipate there will be many fewer bills to track at that time. Please check back for a complete list. You can get the latest news on California legislation and more by attending the California Citizen Lobby Day on Monday, June 5th, in Sacramento. 


     

    You can sign up for email alerts about cannabis and medical cannabis bills on the state's LegInfo website.

    Join the ASA California Camping for Safe Access email discussion list to talk about the bills and more with other stakeholders.

     

    AB 6 (Lackey) - Driving under the influence: drug testing.

    As amended February 22, this bill would require the Commissioner of the California Highway Patrol to appoint, and serve as the chair of, a drugged driving task force, with specified membership, to develop recommendations for best practices, protocols, proposed legislation, and other policies that will address the issue of driving under the influence of drugs, including prescription drugs. The bill would also require the task force to examine the use of technology, including field testing technologies, to identify drivers under the influence of drugs, and would authorize the task force to conduct pilot programs using those technologies. The bill would require the task force to report to the Legislature its policy recommendations and the steps that state agencies are taking regarding drugged driving.

    AB 64 (Bonta) - Cannabis: medical and nonmedical: regulation and advertising.

    In its current form, this bill will clarify that medical cannabis licensees can operate in a nonprofit or for-profit manner, requires for-profit cooperatives and collective to have a CA Seller’s Permit, specifically allows medical and adult use retail licensees to operate non-storefront (delivery) businesses, restricts advertising for medical and adult use licensees and loans the CHP $3 million to research cannabis and DUID.

    AB 76 (Chau) - Adult-use marijuana: marketing.

    This bill would state the intent of the Legislature to introduce legislation relating to the prohibition of the marketing of adult-use marijuana to children.

    AB 171 (Lackey) – Medical Cannabis Regulation and Safety Act: licensure: reporting.

    This bill requires each agency issuing a medical cannabis license to include all conditional licenses approved in its annual report.

    AB 175 (Chau) – Adult-use marijuana: marketing: packaging and labeling.

    This bill would require a manufacturer, prior to introducing an edible marijuana product into commerce in California, to submit the packaging and labeling to the bureau for approval and would require the bureau to determine whether the packaging and labeling are in compliance with the requirements of prescribed provisions of AUMA, including the requirements that the packaging be child resistant and not attractive to children, as specified. The bill would authorize the bureau to charge a manufacturer a fee for the determination, in an amount no greater than the amount required to cover the actual and reasonable costs of administering the approval program.

    AB 208 (Eggman) - Deferred entry of judgment: pretrial diversion.

    This bill changes the qualifications for pretrial diversion for defendants facing specified charges including cannabis-related offenses, including cannabis-related offense related to personal use and cultivation.

    AB-238 (Steinorth) - Medical cannabis: distributors: employment.

    This bill would prohibit a distributor Type 11 licensee from denying employment to any individual on the basis that he or she is or is not party to a collective bargaining agreement. The bill would also prohibit an applicant for a distributor Type 11 license from being denied a license on the basis that the applicant employs individuals who are or are not party to a collective bargaining agreement. The bill would make certain legislative findings and declarations.

    AB 285 (Melendez) - Drug and alcohol free residences.

    This bill defines a “drug and alcohol free residence” and authorizes a state-approved certification of residential recovery facilities as such. The bill requires that “[o]wners, managers, operators, and residents observe and promote a zero tolerance policy regarding the consumption or possession of alcohol or controlled substances or marijuana being used in any manner not consistent with a documented prescription [italics added]."

    AB 313 (Gray) – Water.

    This bill would make substantial changes in the way water use is regulated in the state, including some provisions related to medical cannabis cultivation license applications. Use the link to read the numerous provisions of the bill.

    AB 350 (Salas) - Marijuana edibles: appealing to children.

    This bill would specify that a marijuana product is deemed to be appealing to children or easily confused with commercially sold candy if it is in the shape of a person, animal, insect, fruit, or in another shape normally associated with candy, but would not prohibit a licensee from making an edible marijuana product in the shape of the licensee’s logo.

    AB 362 (Wood) - Forestry assistance program: loans.

    This bill would provide that assessments deposited into the existing Timber Regulation and Forest Restoration Fund, less amounts deducted for refunds and reimbursement be, upon appropriation by the Legislature, may be used for forest resources improvement grants, loans, and projects. Current law only allows from grants. Terms for the newly authorized loans would be negotiated by the Director of the Department of Forestry and Fire Protection, subject to certain criteria. The bill limits the amount of money that can be loaned to the Department of Fish and Wildlife for activities to address environmental damage occurring on forest lands resulting from cannabis cultivation to $500,000, until July 1, 2017 (the end of the current fiscal year). 

    AB 389 (Salas, Caballero, and Ridley-Thomas) - Marijuana: consumer guide.

    This bill would require the bureau, by July 1, 2018, to establish and make available on its Internet Web site a consumer guide to educate the public on the regulation of medical and nonmedical marijuana. The guide shall include, without limitation: (1) The difference between medical cannabis and nonmedical cannabis; (2) Where nonmedical cannabis may be legally purchased; (3) Rules on the public consumption of medical cannabis and nonmedical cannabis; (4) How much cannabis may be purchased at one time; (5) Penalties for violating cannabis laws; and (6) The process for reporting consumer concerns or complaints.

    AB 416 (Mathis) - Cannabis.

    This bill would state the intent of the Legislature to enact legislation relating to CBD-enriched cannabis. There are no details in the introduced version.

    AB 420 (Wood) - Marijuana and medical cannabis: advertisements: license number disclosure.

    This bill would require an advertisement for the sale of medical cannabis or medical cannabis products to identify the MCRSA licensee responsible for its content by including, at a minimum, the license number of the MCRSA licensee. This bill would require an advertisement for the sale of nonmedical marijuana or nonmedical marijuana products to include, at a minimum, the license number of the AUMA licensee responsible for its content. 

    AB 702 (Lackey) - Driving under the influence: chemical tests.

    This bill would repeal the presumption that a person consents to submit to chemical testing of his or her blood or breath and would instead require a motor vehicle driver who is lawfully arrested for a specified DUI offense to submit to chemical testing of his or her blood or breath for the purpose of determining the alcoholic or drug content of his or her blood. The bill make other changes that could negatively affect a medical cannabis patient accused of driving while impaired by cannabis. 

    AB 729 (Gray) - Nonmedical marijuana: licensee regulation.

    This bill makes changes related to the enforcement of laws against selling adult use cannabis to persons under the age of 21. The bill would: (1) require a licensing authority to suspend a license for a 3rd or subsequent violation of the prohibition on engaging in non-medical marijuana commercial activities with a person under 21 years of age if the violation occurs within 36 months of the initial violation; (2) require a licensee to post a sign, visible from each public entrance, and a similar sign inside the premises that reads “No Person Under 21 Allowed” and would authorize a licensee that is also a licensed dispensary to include language on the sign that reads “without identification authorizing the purchase of medical cannabis;” (3) authorize a licensee or its agents or employees to refuse to sell marijuana to a person who is unable to produce adequate personal identification showing that he or she is 21 years of age or older and to seize forged ID; (4) prohibit the sale, offer for sale, or distribution of marijuana or marijuana products in a vending machine or appliance, or any other coin- or token-operated mechanical device designed or used for vending purposes; (5) allow for police compliance inspections; (6) prohibit a licensee from being located within a 600-foot radius of a playground, hospital, or church, as specified, unless a licensing authority or local agency specifies otherwise; (7) require those security measures also to include maintaining windows and transparent doors in a specified manner to ensure that law enforcement personnel have a clear and unobstructed view of the interior of the premises; and (8) authorize undercover investigations for age-related restrictions using under age buyers. 

    AB 844 (Burke) - California Marijuana Tax Fund: funding for support system navigation services: minimum performance standards.

    This bill would amend AUMA by requiring applicants for grants to support system navigation services, as described in AUMA, to meet specific minimum performance standards as a condition of grant eligibility, including, among other standards, operate 24 hours per day, 7 days a week, and 365 days a year.

    AB 845 (Wood) - Cannabidiol.

    This bill would authorize, if federal law authorizes the prescription of a controlled substance containing cannabidiol (CBD), a physician to prescribe that substance in accordance with federal law. The bill would also provide that upon the enactment of federal law authorizing the prescription or the furnishing, transferring, possession, or use of a prescription for a controlled substance containing cannabidiol, notwithstanding any other state law, the prescription, furnishing, transferring, possession, or use of that controlled substance in accordance with federal law is for a legitimate medical purpose and is authorized pursuant to state law.

    AB 903 (Cunningham) - California Marijuana Tax Fund: California Highway Patrol.

    This bill would amend AUMA by requiring the Department of the California Highway Patrol to use its annual appropriation from the fund to study the viability of standards for marijuana impairment.

    AB 948 (Bonta) - Marijuana.

    This bill would state the intent of the Legislature to enact legislation relating to marijuana.

    AB 963 (Gipson) - Taxation: marijuana.

    This bill would make numerous changes related to revoking cannabis licenses and to how and when sales and use tax is collected on cannabis. The bill would: (1) require a distributor, which this bill would define as a person that makes a distribution of marijuana or marijuana products to a retailer, to collect prepayments of both marijuana excise tax and sales tax on the marijuana or marijuana products distributed, as specified; (2) revise and recast that provision to exempt from sales and use taxes retail sales of medical cannabis, medical cannabis concentrate, edible medical cannabis products, or topical cannabis to persons with identification cards, as defined, or primary caregivers that provide the above-described identification; (3) establish within the team the Cannabis Criminal Enforcement Team for the purpose of combating criminal tax evasion associated with marijuana, marijuana products, and marijuana accessories; and more.

    AB 1002 (Cooley) - Center for Cannabis Research.

    This bill would rename the California Marijuana Research Program the Center for Cannabis Research and would expand the purview of the program to include the study of naturally occurring constituents of cannabis and synthetic compounds that have effects similar to naturally occurring cannabinoids. The bill would authorize the program to cultivate cannabis to be used exclusively for research purposes and to contract with a private entity to provide expertise in cultivating medical cannabis. The bill would also authorize the controlled clinical trials to focus on examining testing methods for detecting harmful contaminants in marijuana, including mold and bacteria.

    AB 1096 (Bonta) - Medical cannabis. (cultivation on tribal lands)

    This bill would state the intent of the Legislature to enact legislation to address state regulation of medical cannabis grown on, but transported out of, tribal lands.

    AB 1143 (Gray) - Outdoor advertising: prohibitions.

     The Outdoor Advertising Act regulates placement of advertising signs adjacent to and within specified distances of certain highways… This bill would also prohibit these advertising displays from advertising marijuana.

    AB 1244 (Voepel) - Marijuana: production of concentrated cannabis.

    This bill would express the intent of the Legislature to enact legislation relating to the production of concentrated cannabis using butane.

    AB 1254 (Wood) - Production or cultivation of a controlled substance: civil penalties.

    Existing law, in certain circumstances, makes a person found to have violated specified provisions of law generally protecting fish and wildlife, water, or other natural resources in connection with the production or cultivation of a controlled substance liable for a civil penalty in addition to any penalties imposed by any other law. Existing law authorizes the Department of Fish and Wildlife to impose these civil penalties administratively in accordance with specified procedures. This bill would make non-substantive changes to this provision.

    AB 1420 (Aguiar-Curry) - Water rights: small irrigation use: lake or streambed alteration agreements.

    Among many other provisions in the bill, AB 1420 would exempt an entity cultivating medical cannabis from the requirement to enter into a lake or streambed alteration agreement with the department if the entity submits a board-approved registration or renewed or amended registration for water use to the department and the department determines certain requirements are met, including, the payment of a fee required for a lake or streambed alteration agreement and the submission of a copy of any department conditions imposed for the registration for water use. 

    AB 1443 (Levine) - Court records. (Cannabis)

    Among other provisions, this bill would delete a trial court’s authority to create, maintain, and preserve records according to standards and guidelines adopted by the American National Standards Institute or the Association for Information and Image Management, including certain cannabis cases. 

    AB 1410 (Wood) - Taxation: marijuana cultivation tax.

    This bill would, at the time of completion of all quality assurance, inspection, and testing or when that quality assurance, inspection, and testing should have been completed, instead require a person required to be licensed as a distributor under the act and the Medical Cannabis Regulation and Safety Act to collect the cultivation tax from the taxpayer and give to the taxpayer a receipt in the manner and form prescribed by the board, except as specified… This bill would provide that the tax required to be collected by the person required to be licensed as a distributor, and any amount unreturned to the taxpayer which is not a tax but was collected from the taxpayer under the representation by the person required to be licensed as a distributor that it was tax, constitute debts owed to the state by the person required to be licensed as a distributor. This bill would require the person required to be licensed as a distributor to file the tax return instead of the person required to be licensed for cultivation, except as specified. The bill would also require all persons required to be licensed as a distributor who are required to collect the tax to obtain a separate permit at no charge. The bill would provide that any person required to obtain this permit who engages in business as a distributor without a permit or after a permit has been canceled, suspended, or revoked, and each officer of any corporation that so engages in business, is guilty of a misdemeanor. 

    AB 1527 (Cooley) - State and local marijuana regulatory agencies: employees.

    This bill would prohibit a former employee of the bureau, a licensing authority, the panel, or a local jurisdiction who had specified regulatory or licensing responsibilities from being employed by a person or entity licensed under AUMA or MCRSA for a period of one year from the last date of employment by the bureau, licensing authority, panel, or local jurisdiction. The bill would prohibit a person or entity licensed under AUMA or MCRSA from employing a former employee of the bureau, a licensing authority, the panel, or a local jurisdiction who had specified regulatory or licensing responsibilities within one year of the last date of employment by the bureau, licensing authority, panel, or local jurisdiction. The bill would authorize the bureau or the licensing authority to suspend immediately the license of a licensee who violates this provision and to investigate and determine whether to revoke the license and whether to bar the licensee, or any person or entity acting as an agent of the licensee, from obtaining a license in the future. The bill would specify that a violation of these employment restrictions is not a crime.

    AB 1578 (Jones-Sawyer) - Marijuana and cannabis programs: cooperation with federal authorities.

    This bill would prohibit a state or local agency, as defined, from taking certain actions without a court order signed by a judge, including using agency money, facilities, property, equipment, or personnel to assist a federal agency to investigate, detain, detect, report, or arrest a person for commercial or noncommercial marijuana or medical cannabis activity that is authorized by law in the State of California and transferring an individual to federal law enforcement authorities for purposes of marijuana enforcement.

    AB 1606 (Cooper) - Edible marijuana products.

    This bill would state the intent of the Legislature to enact legislation, consistent with AUMA, that would establish quality standards for edible marijuana products.

    AB 1627 (Cooley) - AUMA: testing laboratories.

    This bill would transfer the regulation of testing laboratories under AUMA from the State Department of Public Health to the Bureau of Marijuana Control in the Department of Consumer Affairs.

    SB 65 (Hill) - Vehicles: alcohol and marijuana: penalties.

    The bill would make driving or operating a vehicle, boat, vessel, or aircraft while drinking any alcoholic beverage or smoking or ingesting cannabis or cannabis products an offense punishable as an infraction or a misdemeanor. The bill would authorize a court to order a defendant to attend drug or alcohol education and counseling classes in addition to those penalties.

    SB 67 (Bates) - Sentencing: driving under the influence. 

    This bill would require the determination of whether an offense constitutes a separate violation or prior conviction under the driving-under-the-influence prohibition described above to be based on the date of the conviction of the separate or prior offense, and would specify that the determination is not affected by the sentence imposed or any subsequent action taken pursuant to the existing discretionary sentencing provisions.

    SB 148 (Wiener) – State Board of Equalization: counties: state agencies: collection of cash payments: cannabis-related businesses.

    This bill would enact the Cannabis State Payment Collection Law and would authorize the State Board of Equalization or a county to collect cash payments from cannabis-related businesses for a state agency that administers any fee, fine, penalty, or other charge payable by a cannabis-related business, if that state agency has entered into an agreement with the board or county. This bill would require a county to collect only if both the board of supervisors of the county and the county tax collector or county treasurer-tax collector approves of entering into an agreement with a state agency to make those collections. The bill would require the agreement to include specified provisions, including that the board or county transmit the collected moneys to the Treasurer to be deposited in the State Treasury to the credit of the funds or accounts in which the fees, fines, penalties, taxes, or other charges are otherwise required by law to be deposited, as specified... (Click the link above to see the full summary).

    SB 175 (McGuire) - Marijuana: county of origin: marketing.

    Both Medical Cannabis Regulation and Safety Act and Adult Use of Marijuana Act (Proposition 64) prohibit the use of the name of a California county in the labeling, marketing, or packaging of medical cannabis products or nonmedical cannabis products, unless the cannabis contained in the product was grown in that county. This bill would specify that those prohibitions include the use of any similar sounding name that is likely to mislead consumers as to the origin of the product.

    SB 311 (Pan) - Medical cannabis and nonmedical marijuana: testing by a licensee.

    This bill would authorize a licensee to perform testing on the licensee’s premises of cannabis or cannabis products obtained from another licensee for the purpose of quality assurance. The bill would specify that onsite testing does not exempt the licensee from the existing requirements of quality assurance testing by a distributor and testing laboratory.

    SB 506 (Nielsen) - Department of Fish and Wildlife: lake or streambed alteration agreements.

    This bill would limit the diversions and obstructions governed by these alteration agreement requirements to the diversions and obstructions that alter the bed, channel, or bank of a river, stream, or lake. The bill would exempt routine maintenance and repair of facilities for instream agricultural diversions from the alteration agreement requirements.

    SB 663 (Nielsen) - Packages and labels of marijuana or marijuana products: children.

    This bill would specify that a package or label of marijuana or marijuana products is deemed to be attractive to children if the package or label has specific characteristics, including, among others, resembling any candy, snack food, baked good, or beverage commercially sold without marijuana.

    SB 698 (Hill) - Driving under the influence: alcohol and marijuana.

    This bill would make it a crime for a person who has between 0.04% and 0.07%, by weight, of alcohol in his or her blood and whose blood contains any controlled substance or 5 ng/ml or more of delta-9-tetrahydrocannabinol to drive a vehicle. The bill would also specify certain penalties.

    SJR 5 (Stone) - Federal rescheduling of marijuana from a Schedule I drug.

    This measure would request that the Congress of the United States pass a law to reschedule marijuana or cannabis and its derivatives from a Schedule I drug to an alternative schedule and that the President of the United States sign such legislation.

  • California fiscal committees stop a bad DUID bill, but advance medical cannabis taxation

    Lobby Day Community PhotoMedical cannabis patients and other stakeholders in California scored victories and suffered defeats in the state legislature today. The Appropriations Committees in the Assembly and Senate decided the fate of hundreds of bills today in their biannual “suspense hearings” – including important bills related to medical cannabis licensing, taxation, and patients’ rights.

    The committee votes come just four days after more than one hundred and fifty medical cannabis patients and caregivers gathered in Sacramento to talk face-to-face with lawmakers and staff about medical cannabis bills. Participants in the California Citizen Lobby Day took more than 200 meetings with lawmakers and staff – including members who cast votes in today’s suspense hearings. 

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  • California Lawmakers Should Tax and Regulate Cannabis Like Medicine

    CA Capitol

    Last year’s trio of bills comprising The Medical Marijuana Regulation and Safety Act (MMRSA) bring overdue clarity to California’s 20-year-old program, but many legislative decisions that affect legal medical cannabis patients remain.

    In considering those decisions, is important that lawmakers and regulators treat medical cannabis like real medicine. We tax and regulate vices, such as alcohol and tobacco, in a fundamentally different way than we do medicine. We would never erect barriers to obtaining heart medication, but we do take steps to discourage tobacco use.  Likewise, we would not tolerate a sin tax on insulin or chemotherapy, even if the revenue was dedicated to a laudable goal. Lawmakers must resist the temptation to lump medical and non-medical cannabis use together when making policy choices.

    Some Californians, including members of the legislature, claim most medical cannabis patients are not really ill. One lawmaker recently testified that as few as 30% of patients are legitimate but provided no evidence to support the allegation. Some anecdotes of abuse of the state’s medical cannabis law may be true, but lawmakers should reject the cynical position that most medical cannabis patients are recreational users. Research and experience show otherwise.  

    A study published in 2014 shows that of the 1.4 million Californians who have used medical cannabis, almost all (92%) report cannabis helped treat the symptoms of a serious medical condition. The study challenges the commonly held perception that medical cannabis is being overused by healthy people and demonstrates that the state’s medical cannabis laws are providing real relief to many Californians (“Prevalence of medical marijuana use in California, 2012”, Drug and Alcohol Review (2014), DOI 10.111/dar. 12207).

    This groundbreaking report is the first based on a large dataset representative of the state’s population. The California Behavioral Risk Factor Surveillance System, which is an ongoing cross-sectional telephone survey, interviewed more than 7,500 Californians in English and Spanish, making this the most comprehensive scientific study of cannabis use in California ever conducted.

    The analysis shows that one in twenty Californians have used medical cannabis. More than 30% used medical cannabis to treat chronic pain; 11% used it for arthritis, 8% for migraines, and 7% for cancer. Participants also reported using medical cannabis to treat the symptoms of HIV/AIDS, glaucoma, muscle spasms, nausea, stress, and depression. These are not trivial or minor ailments. These are serious medical conditions for which conventional treatments are often ineffective or unavailable.

    The results refute smaller studies that suggest most users are young white males. Researchers found that medical cannabis was used at similar rates by men and women, the young and the old, patients with high and low levels of education, and in various regions of the state.

    This rigorous evidence that medical cannabis is commonly used throughout the state by a diverse population, and that it is highly effective in treating serious conditions, matters right now. Lawmakers are considering new legislation this year regarding taxation, commercial licensing, patients’ rights, and more. Those important decisions will affect medical cannabis patients and other stakeholders and need to be informed by facts, not anecdotes, misperceptions, or bias. 

    Voters are likely to decide in November if cannabis should be legal for non-medical use. There should be a separate conversation about what posture lawmakers and regulators take towards cannabis used for non-medical purposes. Those taxes and regulations might reasonably differ from those related to legal medical use. 

    In the meantime, we need everyone who is going to make a decision about medical cannabis this year to understand that medical cannabis is medicine for real. That is important because decisions made about genuine medicine will be fundamentally different than those we make about regulating alcohol, tobacco, or non-medical cannabis. The idea that most medical cannabis users are not really sick or that their use is not medical is misinformation. The research says otherwise, and our local and state policies should reflect the critical role medical cannabis plays in the treatment of California patients.

    Click here to download this page as a .pdf file. 

     

  • Make a difference for medical cannabis in California

    Lobby Day Banner 2016Americans for Safe Access (ASA) is hosting our annual California Citizen Lobby Day on Monday, May 23rd, in Sacramento. This is your chance to talk face-to-face with lawmakers and staff about medical cannabis issues that affect you and your loved ones –

    • Discrimination in employment, housing, access to health care, and more
    • Bills that will turn legal patients into criminals for driving, even if they are not impaired
    • Excessive taxation on medical cannabis use and cultivation – including an additional 15% tax on medicine
    • Proposed changes to the state’s new commercial licensing program

    If medical cannabis is important to you, register today for the California Citizen Lobby Day on May 23rdASA will make appointments for you at your Assembly and Senate offices when you sign up.

    Why does it matter? I am going to be talking a lot more about that in a live Google Hangout entitled “Medicine for Real” at 8:00 PM PT on Monday, May 9. Log into Google+ a little before 8:00 PM on Monday to join the interactive broadcast, or watch live on YouTube.

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  • Lori Ajax, Chief of the Bureau of Medical Marijuana Regulation, will speak at the morning session

    It’s time to get registered for the biggest medical cannabis lobby day in California! ASA will host our 5th annual California Citizen Lobby Day in Sacramento on Monday, May 23. This is your chance to join 300 other patients and advocates to talk face-to-face with lawmakers and regulators about medical cannabis in California.

    Click here to register for the California Citizen Lobby Day on Monday, May 23, and ASA will make an appointment for you at your State Assembly and Senate offices.

    We are excited to announce some very special guest speakers from the new Bureau of Medical Marijuana Regulation this year. Chief Lori Ajax and Senior Policy Advisor An-Chi Tsou will be at our morning briefing to talk about the Medical Marijuana Regulation and Safety Act (MMRSA) and what comes next for commercial medical cannabis regulation in the state.

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  • Bills related to medical cannabis in California

    Americans for Safe Access (ASA) tracks legislation related to medical cannabis in California. We work with lawmakers, staff, and other stakeholders to support beneficial bills and amendments and stop legislation and amendments that erode patients' rights. Use the links on this page to locate the most up-to-date versions of bills, ASA position letters, and related documents. Bookmark this page and check back often.

    Click here to download ASA's Fact Sheets for selected bills.


    CALIFORNIA LEGISLATIVE UPDATE AS OF: 6/4/16

    HEARINGS:

    AB 567 Senate Business, Professions and Economic Development 6/13/16 at 1:00 PM or upon adjournment of Senate Floor Session. Location of hearing: Room 3191.

    AB 2679 Senate Business, Professions and Economic Development 6/13/16 at 1:00 PM or upon adjournment of Senate Floor Session. Location of hearing: Room 3191.

    AB 26 Senate Business, Professions and Economic Development 6/20/16 at 1:00 PM or upon adjournment of Senate Floor Session. Location of hearing: Room 3191

    AB 2385 Senate Business, Professions and Economic Development 6/20/16 at l:00 PM or upon adjournment of Senate Floor Session. Location of hearing: Room 3191.

     

    AB 26 (Jones-Sawyer)

    Requires 3rd Party training for medical Marijuana personnel.

    Status: Passed the Assembly. Currently assigned to the Senate Business Professions and Economic Development Committee.  Will be heard on 6/20/16 at 1:00 PM or upon adjournment of Senate Session in room 3191   

    Link to the bill: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB26

    ASA’s Position: Support  

     

    AB 567 (Gipson)

    This bill would require the State Board of Equalization and the Employment Development Department to administer tax penalty amnesty programs during the period beginning on July 1, 2017, through September 30, 2017.

    Status: Now in the Senate Business, Profession and Economic Development Committee. Hearing date is 6/13/16

    at 1:00 PM or upon adjournment of Senate Session in room 3191. Myriam Bouaziz is the consultant assigned to the bill.

    Link to the bill: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB567

    ASA’s Position: Pending

     

    AB 821 (Gipson)

    Would allow the BOE to waive the 10% penalty for cash payments by dispensaries until 1/1/2022.

    Status: In the Senate Appropriations Committee. Expected to be heard towards the end of June. Robert Ingenito is the consultant assigned to the bill.  

    Link to bill: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB821

    ASA’s Position: Support

     

    AB 1575 (Bonta, Cooley, Jones-Sawyer, Lackey, Wood)

    This is the Medical Marijuana Regulation and Safety Act (MMRSA) clean-up bill

    Status: Has passed the Assembly, now in the Senate Rules Committee awaiting assignment along with 700 other assembly bills.

    Link to the amended bill at: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1575

    ASA’s Position: Support

     

    AB 2243 (Wood)

    Taxing bill amended June 2nd to fund “regional marijuana enforcement officers” in addition to funding local law enforcement grants. Urgency clause adopted on June 2nd. Previously Amended May 3rd  to Remove the tax burden from Cultivators and impose the tax on Distributors.

    Status: Passed Assembly Now in Senate awaiting committee assignment.

    Link to bill: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2243

    ASA Position: Oppose

     

    AB 2300 (Wood)

    Bill stating that the Medical Marijuana Program does not authorize the smoking of medical marijuana where smoking is prohibited by a landlord.

    Status: Has passed the Assembly. Is now in the Senate Judiciary Committee. Not set for hearing as of 6/3. Tobias D. Halvarson is the counsel assigned to the bill .  

    Link to amended bill: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2300

    ASA Position: Likely To Oppose

     

    AB 2385 (Jones-Sawyer)

    Legislation to enable medical marijuana businesses in Los Angeles granted immunity under Measure D to apply to the State who will verify their Measure D status and issued them a state license. Amended 4/5/16 so that if the City of Los Angeles passes an initiative authorizing the issuance of licenses, the state would require local licensing, rather than vetting LA businesses for both local and state licenses. 5/12 amendment reads: “The determination of the licensing authority that an applicant for a state license meets the criteria listed in subparagraph (A) shall be based on a written or electronic notification provided to the licensing authority by the City of Los Angeles that the applicant has met the criteria. If the City of Los Angeles does not provide written or electronic notification to the licensing authority confirming an applicant has met the criteria, the licensing authority shall not issue a state license.

    Status:  Passed Assembly Assigned to Senate Business, Professions & Economic Development where it will be heard on 6/20/16 at 1:00 PM or upon adjournment of the Senate Session in Room 3191

    Link to bill: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2385

    ASA’s Position: No Position

     

    AB 2516 (Wood)

    Adds a new license type: Type 1C, or “specialty cottage,” for cultivation.

    Status:  Passed Assembly. Now in Senate Rules Committee awaiting assignment  

    Link to bill: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2516

    ASA’s Position: Support  

     

    AB 2545 (Bonta) Bill allows the Governor to enter into agreements concerning medical cannabis with federally recognized sovereign Indian tribes. Amended 4/26 to add language which says:  “The bill would require these agreements to include a provision requiring individuals conducting medical cannabis business activity on tribal land to meet the state and local licensure requirements that are required of licensees operating in the jurisdiction of the local government in which the tribal land is located.”

    Status: 5/18 placed in Assembly Appropriations Suspense file. Lisa Murawski is appropriations staff member assigned to the bill. As of 6/3 still in suspense.

    Link to bill:  

    http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2545

    ASA’s Position: Pending

     

    AB 2614 (Bonta)

    Amends MMRSA so that someone with a conviction outside of the state of California where the sentencing did not include a period of incarceration, could obtain a state license, but only if a local government with knowledge of that prior conviction issues a permit, license, or other authorization permitting the applicant to engage in commercial cannabis activity.

    Status: Assigned to Assembly Committee on Business and Professions 3/10/16. Those interested in the bill should circle back to Bonta’s office as the bill does not appear to be moving. LA Times is reporting that Bonta is abandoning the bill.

    Consultants assigned to the bill: Gaby Nepomuceno & Le Ondra Clark Harvey

    Link to bill: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2614

    Link to committee: http://abp.assembly.ca.gov/

    ASA’s Position: Support

     

    AB 2679 (Cooley)

    Beginning on March 1, 2023, requires an annual report from licensing entities.

    New language added 3/18 would “require the report to also include the number of appeals from the denial of state licenses or other disciplinary actions taken by the licensing authority, the average time spent on these appeals, and the number of complaints submitted by citizens or representatives of cities or counties regarding licensees, as specified.”

    The new language would also allow the UC Marijuana Research Program to ascertain the effect of marijuana on motor skills.

    Status: Has passed the Assembly and is now in the Senate Committee on Business, Professions & Economic Development where it will be heard 6/13 at l:00 PM in Room 3191.  Sarah Huchel is the consultant assigned to the bill.

    Link to bill: http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB2679

    ASA’s Position: Pending

     

    AB 2740 (Low/ Lackey)

    This bill would make it an offense for a person who has 5 ng/ml or more of delta 9-tetrahydrocannabinol in his or her blood to drive a vehicle.

    Status: Went into appropriations 5/4 and was placed in suspense. Has not made it out of appropriations. Pedro Reyes is the staff member assigned to the bill.

    Link to bill:  https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB2740

    ASA’s Position: Opposed

     

    SB 987 (McGuire)

    Imposes a 15% excise tax on marijuana which will be imposed on the purchaser at the retail level.  Amended 3/15 to specify taxes collected would go to the general fund and for funding local level grants for enforcement/regulation as well as drug and alcohol treatment. Other monies would go to the Department of Parks and Recreation

    Status: Amended 5/31 to transform proposed tax into a “user fee” Passed Senate now in the Assembly awaiting committee assignment.  

    Link to bill: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB987

    ASA Position: Oppose

     

    SB 1116 (McGuire)

    This bill would eliminate the specification that the imposition of tax applies only to a licensee, specifically with the intention that a county may impose a tax on the privilege of cultivating, dispensing, producing, processing, preparing, storing, providing, donating, selling, or distributing medical cannabis or medical cannabis products. Appears to open the door to allowing counties to create additional tax categories (ad valorem tax, excise tax).

    Status: Assigned to Senate Governance and Finance Committee. Myriam Bouaziz is the consultant assigned to the bill. As of 6/3 bill has not been set for hearing.

    Link to bill: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB1116

    ASA Position: Oppose

     

    SB 1462 (Huff, Gatto, Lackey)

    This bill would authorize an officer to use a preliminary oral fluid screening test that indicates the presence or concentration of a drug or controlled substance as a further investigatory tool in order to establish reasonable cause to believe the person was driving a vehicle in violation of certain prohibitions against driving under the influence of drugs.

    Status: Amended 4/21/16. Passed Committee and is now in Appropriations where it was placed in suspense and still remains as of 6/3/16. Jolie Onodera is the consultant assigned to the bill.

    Link to the bill:

    http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB1462

    ASA Position: Oppose

     

    To read the bills, go to: http://leginfo.legislature.ca.gov/faces/billSearchClient.xhtml

    Type in the bill number in the search engine (i.e. AB 1575) and the bill will come up.

     

    *Indicates the bill is new to this report.

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

    Contents (Scroll down for details and links):

    News

    • National
    • California
    • Local

    Events

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

    Court Support

    • September 2, 2015 – Court Support for Heather Blackwood (Riverside)
    • September 2, 2015 – Court Support for Jeffery and Andrea Sarbak (Pleasanton)
    • 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 1, 2015 - San Francisco ASA (San Francisco)
    • September 2, 2015 – Brownie Mary Democratic Club of Riverside County (Riverside)
    • September 3, 2015 - Sonoma ASA (Santa Rosa)
    Read more
  • California Weekly Roundup: July 20, 2015

    Google Hangout July 28

    Mark your calendar now for the next live Google Hangout, The Truth About Medical Cannabis: Regulations in California, on Tuesday, July 28, at 8:00 PM. Get all the federal, state, and local medical cannabis news for California... plus events, court support, action alerts, chapter meetings, and more in this week’s California Weekly Roundup!

    Contents (Scroll down for details and links):

    News

    • National
    • California
    • Local

    Events

    • July 28, 2015 - Sacramento County Board of Supervisors Meeting (Sacramento)
    • July 28, 2015 – The Truth About Medical Cannabis: Regulations in California (Online)

    Court Support

    • July 21, 2015 – Court Support for Stephen Boski/The Healing Connection (Modesto)
    • More

    Take Action Now

    • Sign the Petition to Ask Your Representative and Senators to Sign on to the CARERS Act!  (National)
    • Growing Medical Cannabis is Not a Waste (Sacramento County)

    ASA Website Spotlight

    • Find an Attorney: ASA Legal Team

    Chapter & Affiliate Meetings

    • July 21, 2015 - Nevada County ASA (Grass Valley)
    • July 21, 2015 - San Francisco ASA (San Francisco)
    • July 23, 2015 - Sacramento ASA (Sacramento)
    • July 26, 2015 - Nevada County ASA (North San Juan)
    Read more