AB 2312 - An Act to Amend Sections 11362.775, 11362.81, and 11362.83 Of, and to Add Article 2.8 (Commencing with Section 11362.84) to Chapter 6 of Division 10 Of, the Health and Safety Code, and to Add Chapter 4 (Commencing with Section 7294) to Part 1.7 of Division 2 of the Revenue and Taxation Code, Relating to Controlled Substances, and Making an Appropriation Therefor.

An Act to Amend Sections 11362.775, 11362.81, and 11362.83 Of, and to Add Article 2.8 (Commencing with Section 11362.84) to Chapter 6 of Division 10 Of, the Health and Safety Code, and to Add Chapter 4 (Commencing with Section 7294) to Part 1.7 of Division 2 of the Revenue and Taxation Code, Relating to Controlled Substances, and Making an Appropriation Therefor.

AB 2312 — 2011-2012 Legislature

Summary

(1)Existing law provides that 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 to cultivate marijuana for medical purposes, collectively or cooperatively, shall not, solely on that basis, be subject to state criminal sanctions for the possession, sale, transport, or other proscribed acts relating to marijuana.

This bill instead authorizes qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, to associate within the State of California as collectives, cooperatives, and other business entities to cultivate, acquire, process, possess, transport, test, sell, and distribute marijuana for medical purposes. The bill would provide that these persons shall not be subject to arrest, prosecution, or specified sanctions for possessing, selling, transporting, or engaging in other proscribed acts relating to marijuana, unless they are not in compliance with the registration requirements described in this bill.More

(1)Existing law provides that 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 to cultivate marijuana for medical purposes, collectively or cooperatively, shall not, solely on that basis, be subject to state criminal sanctions for the possession, sale, transport, or other proscribed acts relating to marijuana.

This bill instead authorizes qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, to associate within the State of California as collectives, cooperatives, and other business entities to cultivate, acquire, process, possess, transport, test, sell, and distribute marijuana for medical purposes. The bill would provide that these persons shall not be subject to arrest, prosecution, or specified sanctions for possessing, selling, transporting, or engaging in other proscribed acts relating to marijuana, unless they are not in compliance with the registration requirements described in this bill.

(2)Existing law makes it a misdemeanor offense to, among other things, fraudulently use or obtain a medical marijuana identification card.

This bill also would make it a misdemeanor offense to knowingly produce, issue, utilize, or sell a falsified, forged, or fraudulent physician’s recommendation for medical marijuana. By creating a new crime, the bill would impose a state-mandated local program.

(3)Existing law, the Compassionate Use Act of 1996, an initiative measure, prohibits prosecution for the possession or cultivation of marijuana of a patient or a patient’s primary caregiver who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. Existing law, the Medical Marijuana Program Act, exempts qualified patients who hold an identification card issued pursuant to the program, and the caregivers of those persons, from certain state criminal sanctions related to the possession, cultivation, transportation, processing, or use of limited amounts of marijuana, as specified.

This bill would establish the Medical Marijuana Regulation and Control Act for the purposes of regulating and controlling medical marijuana activities. The bill would establish the Board of Medical Marijuana Enforcement in the Department of Consumer Affairs, and require the board to perform specified duties relating to the regulation of medical marijuana facilities, as defined. The governing body of the board would consist of 9 members, appointed by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly. The duties of the board would include, but not be limited to, issuing or denying registration applications, establishing fees for administering these provisions, adopting regulations in connection with these provisions, and issuing fines and penalties for the violation of these provisions.

The bill would preempt local laws regarding the regulation and control of medical marijuana and would prohibit a medical marijuana facility, as defined, from operating without state-approved registration, except as specified. The bill would generally require a city or county to permit no fewer than one medical marijuana dispensary, as defined, per 50,000 residents, provided that a city or county would be permitted to opt out of this requirement, pursuant to certain procedures. The bill would exempt from the bill’s provisions individual patients and caregivers cultivating marijuana at their residences who do not sell or charge for the cultivation.

The bill would require the board to make available mandatory registration application forms no later than July 1, 2013, and to make a thorough investigation to determine whether the applicant meets specified criteria. The bill would require that all registration applications be approved unless the applicant fails to meet the criteria. The bill would require a registration application to be approved or denied no later than 180 days after the application is filed with the board, and, if the board fails to act within this time, would require that the application be deemed approved. The bill would require a person applying for the renewal of an existing registration to apply no less than 60 days prior to the expiration, and would require the board to act upon a timely filed registration renewal application no later than 10 days prior to the expiration of the registration.

This bill would create the Medical Marijuana Fund and would require that all moneys collected pursuant to the act be deposited into the Medical Marijuana Fund and would, except for moneys derived from penalties, continuously appropriate moneys in the fund for the purposes of implementing, enforcing, and administering the program.

(4)Existing law authorizes the board of supervisors of a county and the governing body of a city to levy, increase, or extend a transactions and use tax at a rate of 0.25%, or a multiple thereof, at a combined rate not to exceed 2% if approved by the required vote of the board or governing body and the required vote of qualified voters.

This bill would additionally authorize the board of supervisors of a county and the governing body of a city to levy, increase, or extend a transactions and use tax on the retail sale of or storage, use, or other consumption of, medical marijuana or medical marijuana-infused products for general and specified purposes, as provided, at a combined rate not to exceed 5%.

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 no reimbursement is required by this act for a specified reason. Hide

Learn More

At LegInfo.ca.gov

Title

An Act to Amend Sections 11362.775, 11362.81, and 11362.83 Of, and to Add Article 2.8 (Commencing with Section 11362.84) to Chapter 6 of Division 10 Of, the Health and Safety Code, and to Add Chapter 4 (Commencing with Section 7294) to Part 1.7 of Division 2 of the Revenue and Taxation Code, Relating to Controlled Substances, and Making an Appropriation Therefor.

Author(s)

Tom Ammiano

Co-Authors

• Wesley Chesbro
• Jared Huffman
• Nancy Skinner
• Mark Leno

Subjects

• Controlled substances

Major Actions

Introduced	2/24/2012
Referred to Committee
Passed Assembly Committee on Public Safety	4/17/2012
Passed Assembly Committee on Appropriations	5/25/2012
Passed Assembly	5/31/2012

Bill History

• All Votes
• All Actions

	Chamber/Committee	Motion	Date	Result
select this vote	Assembly Committee on Public Safety	Do pass and be re-referred to the Committee on Appropriations.	4/17/2012	This motion PASSED the Assembly Committee on Public Safety 4 voted YES 2 voted NO 1 voted present/not voting
select this vote	Assembly Committee on Appropriations	Do pass as amended.	5/25/2012	This motion PASSED the Assembly Committee on Appropriations 9 voted YES 5 voted NO 3 voted present/not voting
currently selected	Assembly	AB 2312 AMMIANO Assembly Third Reading	5/31/2012	This bill PASSED the Assembly 41 voted YES 30 voted NO 9 voted present/not voting

	Action	Date	Description
	Introduced	2/24/2012
		2/24/2012	Introduced. To print.
		2/26/2012	From printer. May be heard in committee March 27.
		2/27/2012	Read first time.
		3/19/2012	Referred to Coms. on PUB. S. and HEALTH.
		4/10/2012	In committee: Set, first hearing. Hearing canceled at the request of author.
select this vote	Vote	4/17/2012	Do pass and be re-referred to the Committee on Appropriations.
		4/18/2012	From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (April 17). Re-referred to Com. on APPR.
		5/09/2012	In committee: Hearing postponed by committee.
		5/10/2012	From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.
		5/14/2012	Re-referred to Com. on APPR.
		5/16/2012	In committee: Set, first hearing. Referred to APPR. suspense file.
		5/25/2012	From committee: Do pass as amended. (Ayes 9. Noes 5.) (May 25). Read second time and amended. Ordered to second reading.
select this vote	Vote	5/25/2012	Do pass as amended.
		5/29/2012	Read second time. Ordered to third reading.
		5/31/2012	Read third time. Passed. Ordered to the Senate. (Ayes 41. Noes 30. Page 5197.)
currently selected	Assembly Vote on Passage	5/31/2012	AB 2312 AMMIANO Assembly Third Reading
		6/04/2012	In Senate. Read first time. To Com. on RLS. for assignment.
		6/14/2012	Referred to Coms. on B., P. & E.D. and RLS.
		6/25/2012	In committee: Set, first hearing. Hearing canceled at the request of author.