BILL NUMBER: AB 243 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2015
INTRODUCED BY Assembly Member Wood
FEBRUARY 5, 2015
An act to add Section Sections
11362.769 and 11362.777 to the Health and Safety Code, and
to add Section 13276 to the Water Code, relating to medical
marijuana.
LEGISLATIVE COUNSEL'S DIGEST
AB 243, as amended, Wood. Medical marijuana cultivation.
Existing
(1) Existing law, the
Compassionate Use Act of 1996, an initiative measure enacted by the
approval of Proposition 215 at the November 5, 1996, statewide
general election, authorizes the use and cultivation of
marijuana for medical purposes. Existing law makes it a crime to
plant, cultivate, harvest, dry, or process marijuana, except as
otherwise authorized by law, such as the medical marijuana
program. law. Under existing law, qualified patients,
persons with valid identification cards, and the designated primary
caregivers of qualified patients and persons with identification
cards, who associate in order collectively and cooperatively to
cultivate marijuana for medical purposes, are not subject to criminal
sanctions solely on the basis of that fact.
This bill would require all persons who cultivate marijuana for
medical purposes to obtain a permit to cultivate marijuana from the
county or from a state agency to be designated by the Governor if the
board of supervisors of the county chooses not to be the responsible
entity for these purposes. The bill would allow the county or state
agency to charge a fee in an amount sufficient to cover the
reasonable cost of issuing the permits and carrying out the program.
The bill would prohibit marijuana from being cultivated within 100
feet of an occupied legal residential home or school if grown
outdoors, or within 100 feet of a school if grown at a residence. The
bill would require the county or designated state agency to issue
zip ties for the identification of marijuana plants and would allow
the county or state agency to charge a fee to cover the reasonable
costs of issuing the zip ties, monitoring, tracking, and inspecting
the plants, and for enforcing specified requirements. The bill would
require a copy of a current and valid state-issued medical marijuana
ID card or physician recommendation to be displayed at all
cultivation sites. The bill would allow a county to revoke or suspend
a permit, deny the reissuance of a permit, or impose fines, for a
violation of these requirements, or abate a violation as a nuisance.
This
The bill would also require indoor and
outdoor medical marijuana cultivation to be conducted in accordance
with state and local laws and best practices related to land
conversion, grading, electricity usage, water usage, water
quality, woodland and riparian habitat protection, agricultural
discharges, and similar matters. This bill would require state
agencies to address environmental impacts of medical marijuana
cultivation and coordinate , when appropriate, with cities
and counties and their law enforcement agencies in enforcement
efforts.
Under
(2) Under existing law, the
Porter-Cologne Water Quality Control Act, the State Water Resources
Control Board and the California regional water quality control
boards are the principal state agencies with responsibility for the
coordination and control of water quality in the state.
This bill would require each regional board , and would allow
the state board, to address discharges of waste resulting from
medical marijuana cultivation and associated activities.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11362.769 is added to the Health and Safety
Code, to read:
11362.769. Indoor and outdoor medical marijuana cultivation shall
be conducted in accordance with state and local laws and best
practices related to land conversion, grading, electricity usage,
water usage, water quality, woodland and riparian habitat
protection, agricultural discharges, and similar matters. State
agencies, including, but not limited to, the State Board of Forestry
and Fire Protection, the Department of Fish and Wildlife, the State
Water Resources Control Board, the California regional water quality
control boards, and traditional state law enforcement agencies shall
address environmental impacts of medical marijuana cultivation and
shall coordinate , when appropriate, with
cities and counties and their law enforcement agencies in enforcement
efforts.
SEC. 2. Section 11362.777 is added to the
Health and Safety Code , to read:
11362.777. (a) A board of supervisors may choose not to be the
responsible entity for purposes of implementing this section. No
later than July 1, 2016, a county shall adopt an ordinance to
implement this section, or shall, by resolution, opt out of the
requirements of this section. The Governor shall designate an
appropriate state agency to implement this section in each county
that adopts a resolution to opt out of the requirements of this
section. For purposes of this section, "designated state agency"
means the state agency designated by the Governor to implement this
program in counties in which the board of supervisors has chosen not
to be responsible for implementing the requirements of this section.
(b) All qualified patients and designated primary care givers
cultivating marijuana pursuant to Section 11362.5, and all 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, are subject to all of the following:
(1) Each patient, primary caregiver, collective, or cooperative
that cultivates marijuana shall obtain a permit to cultivate
marijuana from the sheriff or other entity designated by the board of
supervisors of the county, or from the designated state agency. Each
permit shall specify the location being permitted and the number of
plants that may be grown at that location. The board of supervisors
or the designated state agency may charge a fee in an amount
sufficient to cover the reasonable cost of issuing the permit and
carrying out the requirements of this section. The permits authorized
by this section shall be renewed annually.
(2) Each county shall establish the number of plants that may be
cultivated on an outdoor parcel or at an indoor facility. Except for
cultivation at a residential home pursuant to paragraph (5),
cultivation shall only be permitted in areas that are zoned
specifically for the cultivation of marijuana. In counties where the
requirements of this section are being implemented by the designated
state agency, the maximum number of plants that may be cultivated at
any given site shall not exceed 99 plants. The board of supervisors
or designated state entity may set a maximum limit on the square
footage that may be cultivated at a single location.
(3) Marijuana cultivated outdoors shall not be cultivated within
100 feet of any occupied legal residential home or within 100 feet of
a school offering kindergarten and grades 1 to 12, inclusive,
education. A county may increase this distance, not to exceed one
mile. All outdoor cultivation sites shall be within a secure fence
that is not less than six feet in height and that fully encloses the
cultivation area. All marijuana cultivated outdoors shall be out of
the public's view. Use of light assistance for outdoor cultivation
shall not exceed a maximum of 1,200 watts of lighting capacity per
100 square feet of cultivated area.
(4) Indoor cultivation of marijuana shall not occur within 100
feet of a school offering kindergarten and grades 1 to 12, inclusive,
education.
(5) Marijuana cultivated at a residential home shall not exceed
the number of plants per home established by the county. In a county
where the requirements of this section are being implemented by the
designated state agency, the maximum number of plants that may be
cultivated at a residential home shall not exceed six plants unless
the county adopts an ordinance permitting a higher number.
Cultivation of marijuana that exceeds the six plants or the number of
plants per home established by the county shall be conducted in
areas specifically zoned for the cultivation of marijuana.
Cultivation of marijuana at a residential home shall not occur within
100 feet of a school offering kindergarten and grades 1 to 12,
inclusive, education. A county may increase this distance, not to
exceed one mile.
(6) All buildings where marijuana is cultivated or stored shall be
properly secured to prevent unauthorized entry.
(7) A county or the designated state agency shall issue zip ties
for the identification of medical marijuana plants. A county may
designate the sheriff to issue the zip ties. Zip ties shall be
attached at the base of each plant. The county or designated state
agency may charge a fee to cover the reasonable costs of issuing the
zip ties, monitoring, tracking, and inspecting the plants, and for
enforcing the requirements of Section 11362.769.
(8) A copy of a current and valid state-issued medical marijuana
ID card or physician recommendation shall be displayed at all
cultivation sites in a manner that allows law enforcement officers to
see the card or recommendation without entering a building or fenced
area.
(c) A county or the designated state agency may revoke or suspend
a permit, deny the reissuance of a permit, or impose fines for a
violation of this section. A county may also abate a violation of
this section through the abatement process established by Section
25845 of the Government Code. The county may set maximum noise levels
specifically related to the cultivation of marijuana.
SEC. 2. SEC. 3. Section 13276 is
added to the Water Code, to read:
13276. Each regional board shall , and the State Water
Resources Control Board may, address discharges of waste
resulting from medical marijuana cultivation and associated
activities, including by adopting a general permit, establishing
waste discharge requirements, or taking action pursuant to
Section 13269. In addressing these discharges, each regional board
shall include conditions to address items that include, but are not
limited to, all of the following:
(a) Site development and maintenance, erosion control, and
drainage features.
(b) Stream crossing installation and maintenance.
(c) Riparian and wetland protection and management.
(d) Soil disposal.
(e) Water storage and use.
(f) Irrigation runoff.
(g) Fertilizers and soil.
(h) Pesticides and herbicides.
(i) Petroleum products and other chemicals.
(j) Cultivation-related waste.
(k) Refuse and human waste.
(l) Cleanup, restoration, and mitigation.