California: Bills To Regulate Medical Marijuana Head To Jerry Brown's Desk

Jacob Redmond

Well-Known Member
With California voters likely to consider legalizing recreational marijuana use next year, state lawmakers approved a package of legislation that would create the first statewide licensing and operating rules for pot growers and retail weed outlets since the state became the first to legalize medical marijuana in 1996.

Lawmakers in both houses of the Legislature pushed through three Democratic bills late Friday to set up the state's first regulatory framework for the free-wheeling medical marijuana industry, sending the proposal to Gov. Jerry Brown.

"After 20 years, we have an agreement on a comprehensive regulatory regime and that is historic," said Assemblyman Rob Bonta, D-Oakland, the lead author of the main Assembly bill. "We knew it had to be done this year."

The framework seeks to manage medical marijuana from seed to smoke, calling for 17 separate license categories, detailed labeling requirements and a product-tracking system complete with bar codes and shipping manifests.

If enacted as drafted, it would not only impose strict controls on an industry that never has had to comply with any but provide a template for how recreational marijuana might be treated if it is legalized.

Another major piece of legislation approved Friday was a landmark climate change bill that Brown and Senate President Pro Tem Kevin de Leon were forced to scale back this week as lawmakers approved dozens of bills.

Among the potential new laws that made it to the governor's desk on the Legislature's last day of business was a bill that would allow terminally ill patients to legally end their lives. The measure faces an uncertain future with the Democratic governor, a former Jesuit seminarian who has not said whether he will sign it.

Also Friday, a bipartisan group of 47 state Assembly members delivered a letter to Brown asking him to declare a special session to tackle problems related to California's ongoing drought.

Racing to meet a deadline for passing the marijuana plan hashed out late Thursday, senators on Friday night approved three bills to establish a regulatory structure.

One, AB266 by Bonta, establishes a Bureau of Medical Marijuana Regulation to oversee licensing and operating rules for pot growers, marijuana product producers and retail shops.

AB243 by Assemblyman Jim Wood, D-Healdsburg, authorizes the state to use licensing fees to carry out the framework and a fund for helping local governments address environmental problems associated with marijuana cultivation.

A third bill, SB643 by Sen. Mike McGuire, D-Healdsburg, would crack down on clinics that specialize in issuing medical marijuana recommendations to residents without valid health needs and create pesticide standards for pot plants and labeling requirements for edible marijuana products.

Whatever emerges would not have an immediate impact on the existing medical marijuana landscape because the licensing provisions would not take effect until 2018, said Nate Bradley, executive director of the California Cannabis Industry Association.

Pot dispensaries already licensed by local governments would eventually have to comply with the product tracking, advertising, criminal background check and job training provisions required for a state license, but they could continue to operate and buy marijuana from unlicensed farmers until then, Bradley said.

The near-certainty that one or more initiatives to legalize recreational marijuana will be on the 2016 ballot put pressure on lawmakers to get the state's medical marijuana house in order. The U.S. Department of Justice has said it does not plan to raid medical marijuana sites or interfere in recreational pot sales as long as states have solid regulatory schemes in place.

The bill authors said the package would charge the new medical marijuana bureau with overseeing every aspect of the industry, from pot farms and medical clinics to product safety labs and retail distribution.

The office charged with overseeing the new standards will be housed within the California Department of Consumer Affairs. But the Department of Food and Agriculture and the Department of Public Health will have prominent roles in their implementation and enforcement.


The governor has expressed skepticism over the wisdom of legalizing recreational marijuana use, but his office was involved in crafting the medical marijuana compromise.

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News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Bills To Regulate Medical Marijuana Head To Jerry Brown's Desk
Author: Lisa Leff, Judy Lin, Don Thompson and Juliet Williams
Photo Credit: Randall Benton
Website: The Denver Post
 
"...a bill that would allow terminally ill patients to legally end their lives. The measure faces an uncertain future with the Democratic governor, a former Jesuit seminarian who has not said whether he will sign it."
When will theistic, or polytheistic, politicians and citizens learn that their religious beliefs have no place in the rules and laws that govern us all. As a Nation ruled by law those laws should, no...must, be based on reason seasoned with empathy for all creatures.
 
RE: personal grow limits: From AB 243 , SEC. 6, 11362.777
====<begin Quote> ======
(g) This section does not apply to a qualified patient cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 100 square feet and he or she cultivates marijuana for his or her personal medical use and does not sell, distribute, donate, or provide marijuana to any other person or entity. This section does not apply to a primary caregiver cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 500 square feet and he or she cultivates marijuana exclusively for the personal medical use of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Section 11362.7 and does not receive remuneration for these activities, except for compensation provided in full compliance with subdivision (c) of Section 11362.765. For purposes of this section, the area used to cultivate marijuana shall be measured by the aggregate area of vegetative growth of live marijuana plants on the premises. Exemption from the requirements of this section does not limit or prevent a city, county, or city and county from regulating or banning the cultivation, storage, manufacture, transport, provision, or other activity by the exempt person, or impair the enforcement of that regulation or ban.
====<End Quote> ======
Does that mean the plant limit defined in SB 420 is superseded? You can grow a lot more than 6 mature plants in 100 square feet.

My Favorite piece was from AB266
==<begin quote>=====
19347. (a) Prior to delivery or sale at a dispensary, medical cannabis products shall be labeled and in a tamper-evident package. Labels and packages of medical cannabis products shall meet the following requirements:
...
(B) The statement “SCHEDULE I CONTROLLED SUBSTANCE.”
...
(H) A warning if nuts or other known allergens are used.
==<end quote>======
Don't sweat if it's a Schedule I drug but NO there's nuts in my edible! (I know I know nut allergies are real). I love when I look at a jar of Almond Butter and there's a "Waring: May contain Nuts." I certainly hope so.

But seriously, I'm glad the legislature finally acted. It took em 19 years but better late than never.
 
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