Pages tagged "regulation"

  • 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.

  • 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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  • 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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  • 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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  • 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)
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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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  • Medical cannabis news and events from around the state

    CA SenateThe California legislative calendar is filling up, as lawmakers get ready for the summer recess on July 17. Four medical cannabis bills had committee hearings last week, and there are four more scheduled for this week. Lawmakers seem determined to pass medical cannabis bills this year. Both good and bad bills are being approved by healthy margins. Look for votes on commercial licensing and regulation, cultivation, and manufacturing butane hash oil this week. Get more information about this week’s hearings below, and read about all of the medical cannabis bills at http://www.safeaccessnow.org/2015_legislation

     

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