Indopedia All Things Marijuana
California lawmakers prepare for a week chock full of cannabis legislation. The Legislature will hear bills affecting cannabis event licensing, veterinary services and cannabis licensing equity. These and many more are the bills on the legislative calendar in California for the week of June 25, 2018.
AB 1798 would require the California Department of Justice (DOJ) to review criminal history records in the state’s database to identify past convictions that are potentially eligible for recall, dismissal, or redesignation, before July 1, 2019. The bill would also require the California DOJ to notify the prosecution of all cases in their jurisdiction that are eligible in accordance with law established by the Adult Use of Marijuana Act of 2016 (AUMA), or Proposition 64. The prosecution would be allowed to challenge the resentencing if the person does not fully meet the eligibility requirements or presents an “unreasonable risk to public safety.” The bill was scheduled for a hearing on Tuesday, June 26, 2018 at 8:30 a.m., before the Senate Public Safety Committee.
AB 2020 would authorize a state temporary event license to be issued to a licensee for an event to be held at any venue zoned or approved by a local licensing authority for events. The Bureau of Cannabis Control (BCC) has already created regulations governing the issuance of a state temporary cannabis event license. The bill would authorize onsite cannabis sales, and consumption, for adults 21 years of age or older, on condition that all participating retailers or micro-business in the event are licensed under the Medicinal and Adult-use Cannabis Regulation and Safety Act (MAUCRSA). AB 2020 was scheduled for a hearing at noon Monday June 25, 2018, before the Senate Business, Professions and Economic Development Committee.
AB 2164 proposes to allow local governments to impose fines and penalties for the violation of building, plumbing, electrical, or other structural, health and safety requirements, or zoning issues that do not create an immediate danger to health or safety, for the purposes of the illegal cultivation of cannabis. The bill was scheduled for a hearing on Wednesday, June 27, 2018 before the Senate Governance and Finance Committee.
AB 2058 would make driving under the influence of cannabis, or driving under the combined influence of alcohol and cannabis, each a separate offense but with no changes to the penalty to the current laws against drunk and drugged driving. Existing law prohibits a person driving a vehicle while under the influence of alcohol, drugs, or a combination that can affect the nervous system, brain, or muscles. AB 2058 was scheduled for a hearing Tuesday, June 26, 2018 before the Senate Public Safety Committee.
AB 2215 prohibits prescribing, administering, dispensing, or furnishing a controlled substance to or for any human or animal. The Veterinary Medicine Practice Act provides licensing for veterinarians and regulates veterinary medicine practices the Veterinary Medical Board. This bill would prohibit a licensed veterinarian from recommending or administering cannabis to an animal patient. AB 2215 was scheduled for a hearing Monday, June 25, 2018 before the Senate Business, Professions and Economic Development Committee.
AB 2255 would prohibit licensed distributors from transporting any amount of cannabis that exceeds the amount stated on the shipping manifest. The bill would impose a fine of $500 for the first violation and increasing by $50 increments for each subsequent violation. Also, the bill would prohibit law enforcement from seizing cannabis in transport, unless officers have probable cause that can prove a criminal violation has occurred. AB 2255 passed the Assembly with a vote of 78-0. The bill was scheduled for a hearing on Tuesday, June 26, 2018, before the Senate Public Safety Committee.
AB 2402 is a bill to prohibit a licensee from sharing a consumer’s personal information to a third party, unless the consumer has consented to the licensee’s disclosure of the personal information. AB 2402 would also prevent a licensee from denying a consumer a product or service for denying consent. The bill was scheduled for a hearing Tuesday June 26, 2018, before the Senate Judiciary Committee.
AB 2614 would authorize a qualified manufacturer or cultivator licensee to apply for a temporary cannabis retailer license for the purposes of hosting a cannabis consumption event. The bill would require an application be sent to the BCC and to include in that application a list, signed under penalty of perjury, detailing all of the participating owners of the business, and all of the other cannabis business licenses owned by each owner. The bill would authorize the BCC to issue a temporary cannabis retailer license to qualified manufacturers or cultivator licensees for the retail sale and delivery of cannabis or marijuana products to customers at a licensed temporary event. AB 2614 was scheduled for a hearing Monday June 25, 2018, before the Senate Business, Professions and Economic Development Committee.
AB 2717 proposes to repeal criminal penalties for the refusal of person to submit to or complete a blood test for the purpose of determining the alcoholic or drug content of blood if lawfully arrested on suspicion of driving-under-the-influence offenses. The bill would clarify that a person is required to be told that his or her failure to submit to or complete breath, blood, or urine tests will result in suspension or revocation of a driver’s license. AB 2717 was scheduled for a hearing Tuesday June 26, 2018 before the Senate Public Safety Committee.
AB 2721 proposes to allow individuals 21 and older access to testing facilities to have cannabis samples analyzed. The cannabis would have to be personally grown, and for personal use. AB 2721 would also require all tests to be recorded with the name of the person submitting the sample, and the quantity of cannabis or cannabis product received. The bill was scheduled for a hearing Monday, June 25, 2018, before the Senate Appropriations Committee.
AB 2799 would require cannabis business applicants to provide a statement, signedunder penalty of perjury, that the applicant employs, or will employ within one year of receiving a license or renewal, one supervisor and one employee who have successfully completed the Division of Occupational Safety and Health (Cal-OSHA) 30-hour general industry offered by Cal-OSHA-authorized training providers. AB 2799 was scheduled for a hearing Monday, June 25, 2018, before the Senate Appropriations Committee.
AB 2899 would prohibit a licensee from publishing advertisements or marketing materials for cannabis and marijuana products under a suspended license. After receiving unanimous support in the Assembly with a vote of 73-0 on Monday, June 15, 2017, AB 2899 go before the Senate.
AB 2914 would prohibit a licensee from selling a cannabis product that is an alcoholic beverage, including, but not limited to, an infusion of cannabis in an alcoholic beverage. This bill would also prohibit an alcoholic beverage licensee from selling, offering, or providing cannabis or marijuana products. Additionally, it would permit the department to suspend or revoke a license if a violation is found. AB 2914 was scheduled for a hearing Tuesday, June 26, 2018, before the Senate Governmental Organization Committee.
AB 2980 would require that provisions of the MAUCRSA not be interpreted to prohibit two or more licensed premises from sharing common-use areas, as long as all licensees comply with the requirements of the act. The bill was scheduled for a hearing on Monday 25, 2018, before the Senate Business, Professions and Economic Development committee.
AB3069 proposes to authorize a cannabis informational, educational, or training event to be held for state and local government officials, law enforcement officers, firefighters, paramedics, child protective services workers, and social workers. If the event complies with the bill’s requirements, it would not require a cannabis event organizer license or a temporary cannabis event license. AB 3609 was scheduled for a hearing on Monday, June 25, 2016 before the Senate Business, Professions and Economic Development committee.
AB 3261 would make regulatory changes to the MAUCRSA to reflect the name change from Bureau of Marijuana Control the Bureau of Cannabis Control. AB 3261 was scheduled for a hearing on Monday June 15, 2018 before the Senate Business, Professions and Economic Development Committee.
AB 873 would allow the California Department of Food and Agriculture to employ and train individuals who are not peace officers but are authorized to exercise the powers of arrest and to serve warrants. The proposed bill would designate investigators, investigator supervisors, or investigator managers, to enforce regulations, and investigate commercial cannabis activity. AB 873 was scheduled for a hearing Monday, June 25, 2018, before the Senate Appropriations Committee.
AB 924 is a bill authorizing the governor to enter into an agreement with a federally recognized Native America tribe, and requires the tribe to establish a tribal cannabis regulatory commission or agency. The bill was scheduled for a hearing Monday June 25, 2018 before the Senate Business, Professions and Economic Development Committee, as well as Wednesday June 27, 2018, before the Senate Governance and Finance Committee. If passed, the bill requires the commission to adopt standards that meet or exceed the standards adopted under the state’s regulatory framework governing commercial cannabis activity.
SB 1294 would require the BCC to provide technical assistance if requested by a local equity applicant or licensee,. The Legislature would need to appropriate funding to provide grants to establish businesses by qualified equity applicants, who are persons of color, women, persons of disabilities and military veterans. SB 1294 was scheduled for a hearingTuesday, June 26, 2018 before the Assembly Business And Professions committee.
SB 1451 would suspend or revoke the license of any business that sells or provides cannabis or marijuana products to minors on its premises. Also, penalties would be applied consume cannabis or cannabis products on the licensed retail premises. Penalties include licensee suspension or revocation for that retail premises where the violation occurred. The bill was scheduled for a hearing on Tuesday June 26, 2018, before the Assembly Business And Professions committee.
SB1459 would require county agricultural commissioners to include cannabis among reports of the condition, acreage, production, and value of agricultural products submitted to the secretary of Food and Agriculture. SB 1459 was scheduled for a hearing on Wednesday June 27, 2018, before the Assembly Agriculture committee.
SB 311 would authorize a licensed distributor to transport cannabis or cannabis products that are fit for sale between licensed testing laboratory and a licensed distributor. Existing law authorizes cannabis and cannabis products fit for sale be transported only from the distributor’s premises to a licensed retailer, microbusiness, or nonprofit organization. SB 311 was scheduled for a hearing on Tuesday June 26, 2018, before the Assembly Business And Professions committee.
SB 829 would require the BCC to issue and regulate compassionate-care licenses, which are issued to donors of medicinal cannabis or marijuana products to qualified patients who possess a physician’s recommendation. SB 829 was scheduled for a hearing on Monday, June 25, 2018, before the Assembly Revenue And Taxation Committee.
SB 930 proposes the creation of a state charter for privately financed banks and credit unions under a program administered by the Commissioner of Business Oversight and the Department of Business Oversight. The bill would also create the Cannabis Limited Charter Bank and Credit Union Advisory Board to include the treasurer, the controller, and the chief of the BCC as policy directors. SB 930 passed the Assembly Banking And Finance Committee on Monday, June 18, 2018, with a 10-1 vote. SB 930 was scheduled for a hearing on Tuesday, June 26, 2018.
