BILL NUMBER: AB 243 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 11, 2015
AMENDED IN SENATE SEPTEMBER 4, 2015
AMENDED IN SENATE SEPTEMBER 1, 2015
AMENDED IN SENATE AUGUST 17, 2015
AMENDED IN SENATE JULY 2, 2015
AMENDED IN ASSEMBLY JUNE 1, 2015
AMENDED IN ASSEMBLY APRIL 22, 2015
AMENDED IN ASSEMBLY APRIL 8, 2015
INTRODUCED BY Assembly Member Wood
( Principal coauthor: Assembly Member
Rendon )
( Coauthors: Assembly Members
Rendon and
Williams Coauthor: Assembly Member
Williams )
FEBRUARY 5, 2015
An act to amend Section 2220.05 of add
Article 6 (commencing with Section 19331), Article 13 (commencing
with Section 19350), and Article 17 (commencing with Section 19360)
to Chapter 3.5 of Division 8 of the Business and Professions
Code, to add Section 12029 to the Fish and Game Code, to add
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, and declaring the urgency thereof, to take effect
immediately. marijuana, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 243, as amended, Wood. Medical Board of California:
medical marijuana.
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 requires the Medical
Board of California to prioritize its investigative and
prosecutorial resources to ensure that the most harmful physicians
and surgeons are identified and disciplined expeditiously, and
provides a list of allegations that shall be prioritized.
This bill would add repeatedly recommending excessive cannabis to
patients for medical purposes, and repeatedly recommending cannabis
to patients without a good faith examination and a medical reason, to
the list of prioritized allegations.
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 of marijuana
for medical purposes. Existing law enacted by the Legislature
requires the establishment of a program for the issuance of
identification cards to qualified patients so that they may lawfully
use marijuana for medical purposes, and requires the establishment of
guidelines for the lawful cultivation of marijuana grown for medical
use. Existing law provides for the licensure of various professions
by boards or bureaus within the Department of Consumer Affairs.
Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for
the regulation of food, drugs, devices, and cosmetics, as specified.
A violation of that law is a crime.
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.
This bill would provide that its provisions are severable.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
This bill would become operative only if AB 266 and SB 643 of the
2015-16 Regular Session is are enacted
and takes take effect on or before
January 1, 2016.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3 majority . Appropriation:
no yes . Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2220.05 of the Business and
Professions Code is amended to read:
2220.05. (a) In order to ensure that its resources are maximized
for the protection of the public, the Medical Board of California
shall prioritize its investigative and prosecutorial resources to
ensure that physicians and surgeons representing the greatest threat
of harm are identified and disciplined expeditiously. Cases involving
any of the following allegations shall be handled on a priority
basis, as follows, with the highest priority being given to cases in
the first paragraph:
(1) Gross negligence, incompetence, or repeated negligent acts
that involve death or serious bodily injury to one or more patients,
such that the physician and surgeon represents a danger to the
public.
(2) Drug or alcohol abuse by a physician and surgeon involving
death or serious bodily injury to a patient.
(3) Repeated acts of clearly excessive prescribing, furnishing, or
administering of controlled substances, or repeated acts of
prescribing, dispensing, or furnishing of controlled substances
without a good faith prior examination of the patient and medical
reason therefor. However, in no event shall a physician and surgeon
prescribing, furnishing, or administering controlled substances for
intractable pain consistent with lawful prescribing, including, but
not limited to, Sections 725, 2241.5, and 2241.6 of this code and
Sections 11159.2 and 124961 of the Health and Safety Code, be
prosecuted for excessive prescribing and prompt review of the
applicability of these provisions shall be made in any complaint that
may implicate these provisions.
(4) Repeated acts of clearly excessive recommending of cannabis to
patients for medical purposes, or repeated acts of recommending
cannabis to patients for medical purposes without a good faith prior
examination of the patient and a medical reason for the
recommendation.
(5) Sexual misconduct with one or more patients during a course of
treatment or an examination.
(6) Practicing medicine while under the influence of drugs or
alcohol.
(b) The board may by regulation prioritize cases involving an
allegation of conduct that is not described in subdivision (a). Those
cases prioritized by regulation shall not be assigned a priority
equal to or higher than the priorities established in subdivision
(a).
(c) The Medical Board of California shall indicate in its annual
report mandated by Section 2312 the number of temporary restraining
orders, interim suspension orders, and disciplinary actions that are
taken in each priority category specified in subdivisions (a) and
(b).
SECTION 1. Article 6 (commencing with Section
19331) is added to Chapter 3.5 of Division 8 of the
Business and Professions Code , to read:
Article 6. Licensed Cultivation Sites
19331. The Legislature finds and declares all of the following:
(a) The United States Environmental Protection Agency has not
established appropriate pesticide tolerances for, or permitted the
registration and lawful use of, pesticides on cannabis crops intended
for human consumption pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).
(b) The use of pesticides is not adequately regulated due to the
omissions in federal law, and cannabis cultivated in California for
California patients can and often does contain pesticide residues.
(c) Lawful California medical cannabis growers and caregivers urge
the Department of Pesticide Regulation to provide guidance, in
absence of federal guidance, on whether the pesticides currently used
at most cannabis cultivation sites are actually safe for use on
cannabis intended for human consumption.
19332. (a) The Department of Food and Agriculture shall
promulgate regulations governing the licensing of indoor and outdoor
cultivation sites.
(b) The Department of Pesticide Regulation, in consultation with
the Department of Food and Agriculture, shall develop standards for
the use of pesticides in cultivation, and maximum tolerances for
pesticides and other foreign object residue in harvested cannabis.
(c) The State Department of Public Health shall develop standards
for the production and labeling of all edible medical cannabis
products.
(d) The Department of Food and Agriculture, in consultation with
the Department of Fish and Wildlife and the State Water Resources
Control Board, shall ensure that individual and cumulative effects of
water diversion and discharge associated with cultivation do not
affect the instream flows needed for fish spawning, migration, and
rearing, and the flows needed to maintain natural flow variability.
(e) The Department of Food and Agriculture shall have the
authority necessary for the implementation of the regulations it
adopts pursuant to this chapter. The regulations shall do all of the
following:
(1) Provide that weighing or measuring devices used in connection
with the sale or distribution of medical cannabis are required to
meet standards equivalent to Division 5 (commencing with Section
12001).
(2) Require that cannabis cultivation by licensees is conducted in
accordance with state and local laws related to land conversion,
grading, electricity usage, water usage, agricultural discharges, and
similar matters. Nothing in this chapter, and no regulation adopted
by the department, shall be construed to supersede or limit the
authority of the State Water Resources Control Board, regional water
quality control boards, or the Department of Fish and Wildlife to
implement and enforce their statutory obligations or to adopt
regulations to protect water quality, water supply, and natural
resources.
(3) Establish procedures for the issuance and revocation of unique
identifiers for activities associated with a cannabis cultivation
license, pursuant to Article 8 (commencing with Section 19337). All
cannabis shall be labeled with the unique identifier issued by the
Department of Food and Agriculture.
(4) Prescribe standards, in consultation with the bureau, for the
reporting of information as necessary related to unique identifiers,
pursuant to Article 8 (commencing with Section 19337).
(f) The Department of Pesticide Regulation, in consultation with
the State Water Resources Control Board, shall promulgate regulations
that require that the application of pesticides or other pest
control in connection with the indoor or outdoor cultivation of
medical cannabis meets standards equivalent to Division 6 (commencing
with Section 11401) of the Food and Agricultural Code and its
implementing regulations.
(g) State cultivator license types issued by the Department of
Food and Agriculture include:
(1) Type 1, or "specialty outdoor," for outdoor cultivation using
no artificial lighting of less than or equal to 5,000 square feet of
total canopy size on one premises, or up to 50 mature plants on
noncontiguous plots.
(2) Type 1A, or "specialty indoor," for indoor cultivation using
exclusively artificial lighting of less than or equal to 5,000 square
feet of total canopy size on one premises.
(3) Type 1B, or "specialty mixed-light," for cultivation using a
combination of natural and supplemental artificial lighting at a
maximum threshold to be determined by the licensing authority, of
less than or equal to 5,000 square feet of total canopy size on one
premises.
(4) Type 2, or "small outdoor," for outdoor cultivation using no
artificial lighting between 5,001 and 10,000 square feet, inclusive,
of total canopy size on one premises.
(5) Type 2A, or "small indoor," for indoor cultivation using
exclusively artificial lighting between 5,001 and 10,000 square feet,
inclusive, of total canopy size on one premises.
(6) Type 2B, or "small mixed-light," for cultivation using a
combination of natural and supplemental artificial lighting at a
maximum threshold to be determined by the licensing authority,
between 5,001 and 10,000 square feet, inclusive, of total canopy size
on one premises.
(7) Type 3, or "outdoor," for outdoor cultivation using no
artificial lighting from 10,001 square feet to one acre, inclusive,
of total canopy size on one premises. The Department of Food and
Agriculture shall limit the number of licenses allowed of this type.
(8) Type 3A, or "indoor," for indoor cultivation using exclusively
artificial lighting between 10,001 and 22,000 square feet,
inclusive, of total canopy size on one premises. The Department of
Food and Agriculture shall limit the number of licenses allowed of
this type.
(9) Type 3B, or "mixed-light," for cultivation using a combination
of natural and supplemental artificial lighting at a maximum
threshold to be determined by the licensing authority, between 10,001
and 22,000 square feet, inclusive, of total canopy size on one
premises. The Department of Food and Agriculture shall limit the
number of licenses allowed of this type.
(10) Type 4, or "nursery," for cultivation of medical cannabis
solely as a nursery. Type 4 licensees may transport live plants.
19333. An employee engaged in commercial cannabis cultivation
activity shall be subject to Wage Order 4-2001 of the Industrial
Welfare Commission.
SEC. 2. Article 13 (commencing with Section 19350)
is added to Chapter 3.5 of Division 8 of the Business and
Professions Code , to read:
Article 13. Funding
19350. Each licensing authority shall establish a scale of
application, licensing, and renewal fees, based upon the cost of
enforcing this chapter, as follows:
(a) Each licensing authority shall charge each licensee a
licensure and renewal fee, as applicable. The licensure and renewal
fee shall be calculated to cover the costs of administering this
chapter. The licensure fee may vary depending upon the varying costs
associated with administering the various regulatory requirements of
this chapter as they relate to the nature and scope of the different
licensure activities, including, but not limited to, the track and
trace program required pursuant to Section 19335, but shall not
exceed the reasonable regulatory costs to the licensing authority.
(b) The total fees assessed pursuant to this chapter shall be set
at an amount that will fairly and proportionately generate sufficient
total revenue to fully cover the total costs of administering this
chapter.
(c) All license fees shall be set on a scaled basis by the
licensing authority, dependent on the size of the business.
(d) The licensing authority shall deposit all fees collected in a
fee account specific to that licensing authority, to be established
in the Medical Marijuana Regulation and Safety Act Fund. Moneys in
the licensing authority fee accounts shall be used, upon
appropriation of the Legislature, by the designated licensing
authority for the administration of this chapter.
19351. (a) The Medical Marijuana Regulation and Safety Act Fund
is hereby established within the State Treasury. Moneys in the fund
shall be available upon appropriation by the Legislature.
Notwithstanding Section 16305.7 of the Government Code, the fund
shall include any interest and dividends earned on the moneys in the
fund.
(b) (1) Funds for the establishment and support of the regulatory
activities pursuant to this chapter shall be advanced as a General
Fund or special fund loan, and shall be repaid by the initial
proceeds from fees collected pursuant to this chapter or any rule or
regulation adopted pursuant to this chapter, by January 1, 2022.
Should the initial proceeds from fees not be sufficient to repay the
loan, moneys from the Medical Cannabis Fines and Penalties Account
shall be made available to the bureau, by appropriation of the
Legislature, to repay the loan.
(2) Funds advanced pursuant to this subdivision shall be
appropriated to the bureau, which shall distribute the moneys to the
appropriate licensing authorities, as necessary to implement the
provisions of this chapter.
(3) The Director of Finance may provide an initial operating loan
from the General Fund to the Medical Marijuana Regulation and Safety
Act Fund that does not exceed ten million dollars ($10,000,000).
(c) Except as otherwise provided, all moneys collected pursuant to
this chapter as a result of fines or penalties imposed under this
chapter shall be deposited directly into the Medical Marijuana Fines
and Penalties Account, which is hereby established within the fund,
and shall be available, upon appropriation by the Legislature to the
bureau, for the purposes of funding the enforcement grant program
pursuant to subdivision (d).
(d) (1) The bureau shall establish a grant program to allocate
moneys from the Medical Cannabis Fines and Penalties Account to state
and local entities for the following purposes:
(A) To assist with medical cannabis regulation and the enforcement
of this chapter and other state and local laws applicable to
cannabis activities.
(B) For allocation to state and local agencies and law enforcement
to remedy the environmental impacts of cannabis cultivation.
(2) The costs of the grant program under this subdivision shall,
upon appropriation by the Legislature, be paid for with moneys in the
Medical Cannabis Fines and Penalties Account.
(3) The grant program established by this subdivision shall only
be implemented after the loan specified in this section is repaid.
19352. The sum of ten million dollars ($10,000,000) is hereby
appropriated from the Medical Marijuana Regulation and Safety Act
Fund to the Department of Consumer Affairs to begin the activities of
the Bureau of Medical Marijuana Regulation. Funds appropriated
pursuant to this section shall not include moneys received from fines
or penalties.
SEC. 3. Article 17 (commencing with Section 19360)
is added to Chapter 3.5 of Division 8 of the Business and
Professions Code , to read:
Article 17. Penalties and Violations
19360. (a) A person engaging in cannabis activity without a
license and associated unique identifiers required by this chapter
shall be subject to civil penalties of up to twice the amount of the
license fee for each violation, and the department, state or local
authority, or court may order the destruction of medical cannabis
associated with that violation. Each day of operation shall
constitute a separate violation of this section. All civil penalties
imposed and collected pursuant to this section shall be deposited
into the Marijuana Production and Environment Mitigation Fund
established pursuant to Section 31013 of the Revenue and Taxation
Code.
(b) If an action for civil penalties is brought against a licensee
pursuant to this chapter by the Attorney General, the penalty
collected shall be deposited into the General Fund. If the action is
brought by a district attorney or county counsel, the penalty
collected shall be paid to the treasurer of the county in which the
judgment was entered. If the action is brought by a city attorney or
city prosecutor, the penalty collected shall be paid to the treasurer
of the city or city and county in which the judgment was entered. If
the action is brought by a city attorney and is adjudicated in a
superior court located in the unincorporated area or another city in
the same county, the penalty shall be paid one-half to the treasurer
of the city in which the complaining attorney has jurisdiction and
one-half to the treasurer of the county in which the judgment is
entered.
(c) Notwithstanding subdivision (a), criminal penalties shall
continue to apply to an unlicensed person or entity engaging in
cannabis activity in violation of this chapter, including, but not
limited to, those individuals covered under Section 11362.7 of the
Health and Safety Code.
SEC. 4. Section 12029 is added to the
Fish and Game Code , to read:
12029. (a) The Legislature finds and declares all of the
following:
(1) The environmental impacts associated with marijuana
cultivation have increased, and unlawful water diversions for
marijuana irrigation have a detrimental effect on fish and wildlife
and their habitat, which are held in trust by the state for the
benefit of the people of the state.
(2) The remediation of existing marijuana cultivation sites is
often complex and the permitting of these sites requires greater
department staff time and personnel expenditures. The potential for
marijuana cultivation sites to significantly impact the state's fish
and wildlife resources requires immediate action on the part of the
department's lake and streambed alteration permitting staff.
(b) In order to address unlawful water diversions and other
violations of the Fish and Game Code associated with marijuana
cultivation, the department shall establish the watershed enforcement
program to facilitate the investigation, enforcement, and
prosecution of these offenses.
(c) The department, in coordination with the State Water Resources
Control Board, shall establish a permanent multiagency task force to
address the environmental impacts of marijuana cultivation. The
multiagency task force, to the extent feasible and subject to
available Resources, shall expand its enforcement efforts on a
statewide level to ensure the reduction of adverse impacts of
marijuana cultivation on fish and wildlife and their habitats
throughout the state.
(d) In order to facilitate the remediation and permitting of
marijuana cultivation sites, the department shall adopt regulations
to enhance the fees on any entity subject to Section 1602 for
marijuana cultivation sites that require remediation. The fee
schedule established pursuant to this subdivision shall not exceed
the fee limits in Section 1609.
SEC. 5. 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 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. 6. Section 11362.777 is added to the
Health and Safety Code , to read:
11362.777. (a) The Department of Food and Agriculture shall
establish a Medical Cannabis Cultivation Program to be administered
by the secretary, except as specified in subdivision (c), shall
administer this section as it pertains to the cultivation of medical
marijuana. For purposes of this section and Chapter 3.5 (commencing
with Section 19300) of the Business and Professions Code, medical
cannabis is an agricultural product.
(b) (1) A person or entity shall not cultivate medical marijuana
without first obtaining both of the following:
(A) A license, permit, or other entitlement, specifically
permitting cultivation pursuant to these provisions, from the city,
county, or city and county in which the cultivation will occur.
(B) A state license issued by the department pursuant to this
section.
(2) A person or entity shall not submit an application for a state
license issued by the department pursuant to this section unless
that person or entity has received a license, permit, or other
entitlement, specifically permitting cultivation pursuant to these
provisions, from the city, county, or city and county in which the
cultivation will occur.
(3) A person or entity shall not submit an application for a state
license issued by the department pursuant to this section if the
proposed cultivation of marijuana will violate the provisions of any
local ordinance or regulation, or if medical marijuana is prohibited
by the city, county, or city and county in which the cultivation is
proposed to occur, either expressly or otherwise under principles of
permissive zoning.
(c) (1) Except as otherwise specified in this subdivision, and
without limiting any other local regulation, a city, county, or city
and county, through its current or future land use regulations or
ordinance, may issue or deny a permit to cultivate medical marijuana
pursuant to this section. A city, county, or city and county may
inspect the intended cultivation site for suitability prior to
issuing a permit. After the city, county, or city and county has
approved a permit, the applicant shall apply for a state medical
marijuana cultivation license from the department. A locally issued
cultivation permit shall only become active upon licensing by the
department and receiving final local approval. A person shall not
cultivate medical marijuana prior to obtaining both a permit from the
city, county, or city and county and a state medical marijuana
cultivation license from the department.
(2) A city, county, or city and county that issues or denies
conditional licenses to cultivate medical marijuana pursuant to this
section shall notify the department in a manner prescribed by the
secretary.
(3) A city, county, or city and county's locally issued
conditional permit requirements must be at least as stringent as the
department's state licensing requirements.
(4) If a city, county, or city and county does not have land use
regulations or ordinances regulating or prohibiting the cultivation
of marijuana, either expressly or otherwise under principles of
permissive zoning, or chooses not to administer a conditional permit
program pursuant to this section, then commencing March 1, 2016, the
division shall be the sole licensing authority for medical marijuana
cultivation applicants in that city, county, or city and county.
(d) (1) The secretary may prescribe, adopt, and enforce
regulations relating to the implementation, administration, and
enforcement of this part, including, but not limited to, applicant
requirements, collections, reporting, refunds, and appeals.
(2) The secretary may prescribe, adopt, and enforce any emergency
regulations as necessary to implement this part. Any emergency
regulation prescribed, adopted, or enforced pursuant to this section
shall be adopted in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, and, for purposes of that chapter, including Section 11349.6 of
the Government Code, the adoption of the regulation is an emergency
and shall be considered by the Office of Administrative Law as
necessary for the immediate preservation of the public peace, health
and safety, and general welfare.
(3) The secretary may enter into a cooperative agreement with a
county agricultural commissioner to carry out the provisions of this
chapter, including, but not limited to, administration,
investigations, inspections, licensing and assistance pertaining to
the cultivation of medical marijuana. Compensation under the
cooperative agreement shall be paid from assessments and fees
collected and deposited pursuant to this
chapter and shall provide reimbursement to the county
agricultural commissioner for associated costs.
(e) (1) The department, in consultation with, but not limited to,
the Bureau of Medical Marijuana Regulation, the State Water Resources
Control Board, and the Department of Fish and Wildlife, shall
implement a unique identification program for medical marijuana. In
implementing the program, the department shall consider issues,
including, but not limited to, water use and environmental impacts.
In implementing the program, the department shall ensure that:
(A) Individual and cumulative effects of water diversion and
discharge associated with cultivation do not affect the instream
flows needed for fish spawning, migration, and rearing, and the flows
needed to maintain natural flow variability.
(B) Cultivation will not negatively impact springs, riparian
wetlands, and aquatic habitats.
(2) The department shall establish a program for the
identification of permitted medical marijuana plants at a cultivation
site during the cultivation period. The unique identifier shall be
attached at the base of each plant. A unique identifier, such as, but
not limited to, a zip tie, shall be issued for each medical
marijuana plant.
(A) Unique identifiers will only be issued to those persons
appropriately licensed by this section.
(B) Information associated with the assigned unique identifier and
licensee shall be included in the trace and track program specified
in Section 19335 of the Business and Professions Code.
(C) The department may charge a fee to cover the reasonable costs
of issuing the unique identifier and monitoring, tracking, and
inspecting each medical marijuana plant.
(D) The department may promulgate regulations to implement this
section.
(3) The department shall take adequate steps to establish
protections against fraudulent unique identifiers and limit illegal
diversion of unique identifiers to unlicensed persons.
(f) (1) A city, county, or city and county that issues or denies
licenses to cultivate medical marijuana pursuant to this section
shall notify the department in a manner prescribed by the secretary.
(2) Unique identifiers and associated identifying information
administered by a city or county shall adhere to the requirements set
by the department and be the equivalent to those administered by the
department.
(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.
SEC. 7. Section 13276 is added to the
Water Code , to read:
13276. (a) The multiagency task force, the Department of Fish and
Wildlife and State Water Resources Control Board pilot project to
address the Environmental Impacts of Cannabis Cultivation, assigned
to respond to the damages caused by marijuana cultivation on public
and private lands in California, shall continue its enforcement
efforts on a permanent basis and expand them to a statewide level to
ensure the reduction of adverse impacts of marijuana cultivation on
water quality and on fish and wildlife throughout the state.
(b) 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:
(1) Site development and maintenance, erosion control, and
drainage features.
(2) Stream crossing installation and maintenance.
(3) Riparian and wetland protection and management.
(4) Soil disposal.
(5) Water storage and use.
(6) Irrigation runoff.
(7) Fertilizers and soil.
(8) Pesticides and herbicides.
(9) Petroleum products and other chemicals.
(10) Cultivation-related waste.
(11) Refuse and human waste.
(12) Cleanup, restoration, and mitigation.
SEC. 8. The provisions of this act are severable.
If any provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that
can be given effect without the invalid provision or application.
SEC. 9. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SEC. 2. SEC. 10. This measure shall
become operative only if both Assembly Bill 266 and Senate Bill 643
of the 2015-16 Regular Session are enacted and become operative.
SEC. 3. This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
In order to address the damage done by illegal marijuana
cultivation at the earliest time possible, it is necessary that this
act take effect immediately.