SECTION 1. TITLE.
This measure shall be known as the Control, Regulate and Tax Adult Use ofMarijuana Act (“the Adult Use of Marijuana Act”).
SECTION 2. FINDINGS AND DECLARATIONS.
A. Currently in California, nonmedical marijuana use is unregulated, untaxed, and occurs without any consumer or enviromnental protections. The Control, Regulate and Tax Adult Use ofMarijuana Act will legalize marijuana for those over 21 years old, protect children, and establish laws to regulate marijuana cultivation, distribution, sale and use, and will protect Californians and the enviromnent from potential dangers. It establishes the Bureau of Marijuana Control within the Department ofConsumer Affairs to regulate and license the marijuana industry.
B. Marijuana is currently legal in our state for medical use and illegal for nomnedical use. Abuse of the medical marijuana system in California has long been widespread, but recent bipartisan legislation signed by Governor Jerry Brown is establishing a comprehensive regulatory scheme for medical marijuana. The Control, Regulate and Tax Adult Use of Marijuana Act (hereafter called the Adult Use of Marijuana Act) will consolidate and streamline regulation and taxation for both nomnedical and medical marijuana.
C. Currently, marijuana growth and sale is not being taxed by the State of California, which means our state is missing out on hundreds of millions of dollars in potential tax revenue every year. The Adult Use ofMarijuana Act will tax both the growth and sale ofmarijuana to generate hundreds of millions of dollars annually. The revenues will cover the cost of administering the new law and will provide funds to: invest in public health programs that educate youth to prevent and treat serious substance abuse; train local law enforcement to enforce the new law with a focus on DUI enforcement; invest in communities to reduce the illicit market and create job oppo1iunities; and provide for environmental cleanup and restoration of public lands damaged by illegal marijuana cultivation.
D. Currently, children under the age of 18 can just as easily purchase marijuana on the black market as adults can. By legalizing marijuana, the Adult Use of Marijuana Act will incapacitate the black market, and move marijuana purchases into a legal structure with strict safeguards against children accessing it. The Adult Use of Maiijuana Act prohibits the sale of nom11edical marijuana to those under 21 years old, and provides new resources to educate youth against drug abuse and train local law enforcement to enforce the new law. It bars marijuana businesses from being located within 600 feet of schools and other areas where children congregate. It establishes mandatory and strict packaging and labeling requirements for marijuana and marijuana products. And it mandates that marijuana and marijuana products cannot be advertised or marketed towards children.
E. There are currently no laws governing adult use marijuana businesses to ensure that they operateinaccordancewithexistingCalifornialaws. Adultuseofmarijuanamayonlybe
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accessed from the unregulated illicit market. The Adult Use of Marijuana Act sets up a comprehensive system governing marijuana businesses at the state level and safeguards local control, allowing local governments to regulate marijuana-related activities, to subject marijuana businesses to zoning and pennitting requirements, and to ban marijuana businesses by a vote of the people within a locality.
F. Currently, illegal marijuana growers steal or divert millions of gallons of water without any accountability. The Adult Use of Marijuana Act will create strict enviromnental regulations to ensure that the marijuana is grown efficiently and legally, to regulate the use of pesticides, to prevent wasting water, and to minimize water usage. The Adult Use of Marijuana Act will crack down on the illegal use of water and punish bad actors, while providing funds to restore lands that have been damaged by illegal marijuana grows. If a business does not demonstrate they are in full compliance with the applicable water usage and environmental laws, they will have their license revoked.
G. Currently,thecourtsarecloggedwithcasesofnon-violentdrugoffenses. Bylegalizing marijuana, the Adult Use of Marijuana Act will alleviate pressure on the courts, but continue to allow prosecutors to charge the most serious marijuana-related offenses as felonies, while reducing the penalties for minor marijuana-related offenses as set forth in the Act.
H. By bringing marijuana into a regulated and legitimate market, the Adult Use of Marijuana Act creates a transparent and accountable system. This will help police crackdown on the underground black market that currently benefits violent drug cartels and transnational gangs, which are making billions from marijuana trafficking and jeopardizing public safety.
I. The Adult Use ofMarijuana Act creates a comprehensive regulatory structure in which every marijuana business is overseen by a specialized agency with relevant expertise. The Bureau of Marijuana Control, housed in the Department of Consumer Affairs, will oversee the whole system and ensure a smooth transition to the legal market, with licenses issued beginning in 2018. The Department of Consumer Affairs will also license and oversee marijuana retailers, distributors, and microbusinesses. The Department of Food and Agriculture will license and oversee marijuana cultivation, ensuring it is environmentally safe. The Department ofPublic Health will license and oversee manufacturing and testing, ensuring consumers receive a safe product. The State Board of Equalization will collect the special marijuana taxes, and the Controller will allocate the revenue to administer the new law and provide the funds to critical investments.
J. The Adult Use of Marijuana Act ensures the nonmedical marijuana industry in California will be built around small and medium sized businesses by prohibiting large-scale cultivation licenses for the first five years. The Adult Use of Marijuana Act also protects consumers and small businesses by imposing strict anti-monopoly restrictions for businesses that participate in the nonmedical marijuana industry.
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SECTION 3. PURPOSE AND INTENT.
The purpose of the Adult Use of Marijuana Act is to establish a comprehensive system to legalize, control and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana, including marijuana products, for use by adults 21 years and older, and to tax the commercial growth and retail sale ofmarijuana. It is the intent ofthe People in enacting this Act to accomplish the following:
(a) Take nomnedical marijuana production and sales out ofthe hands ofthe illegal market and bring them under a regulatory structure that prevents access by minors and protects public safety, public health, and the environment.
(b) Strictly control the cultivation, processing, manufacture, distribution, testing and sale of nonmedical marijuana through a system of state licensing, regulation, and enforcement.
(c) Allow local governments to enforce state laws and regulations for nom11edical marijuana businesses and enact additional local requirements for nomnedical marijuana businesses, but not require that they do so for a nomnedical marijuana business to be issued a state license and be legal under state law.
(d) Allow local governments to ban nomnedical marijuana businesses as set f01ih in this Act.
(e) Require track and trace management procedures to track nonmedical marijuana from cultivation to sale.
(f) Require nomnedical marijuana to be comprehensively tested by independent testing services for the presence of contaminants, including mold and pesticides, before it can be sold by licensed businesses.
(g) Require nonmedical marijuana sold by licensed businesses to be packaged in child-resistant containers and be labeled so that consumers are fully infonned about potency and the effects of ingesting nomnedical marijuana.
(h) Require licensed nomnedical marijuana businesses to follow strict environmental and product safety standards as a condition ofmaintaining their license.
(i) Prohibit the sale ofnomnedical marijuana by businesses that also sell alcohol or tobacco.
(j) Prohibit the marketing and advertising ofnomnedical marijuana to persons younger than 21 years old or near schools or other places where children are present.
(k) Strengthen the state’s existing medical marijuana system by requiring patients to obtain by January 1, 2018, a new recommendation from their physician that meets the strict standards signed into law by the Governor in 2015, and by providing new privacy protections for patients who obtain medical marijuana identification cards as set forth in this Act.
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(1) Pennit adults 21 years and older to use, possess, purchase and grow nonmedical marijuana within defined limits for use by adults 21 years and older as set forth in this Act.
(m) Allow local governments to reasonably regulate the cultivation of nonmedical marijuana for personal use by adults 21 years and older through zoning and other local laws, and only to ban outdoor cultivation as set forth in this Act.
(n) Deny access to marijuana by persons younger than 21 years old who are not medical marijuana patients.
(o) Prohibit the consumption of marijuana in a public place unlicensed for such use, including near K-12 schools and other areas where children are present.
(p) Maintain existing laws making it unlawful to operate a car or other vehicle used for transportation while impaired by marijuana.
(q) Prohibit the cultivation of marijuana on public lands or while trespassing on private lands.
(r) Allow public and private employers to enact and enforce workplace policies pertaining to manJuana.
(s) Tax the growth and sale ofmarijuana in a way that drives out the illicit market for marijuana and discourages use by minors, and abuse by adults.
(t) Generate hundreds of millions of dollars in new state revenue annually for restoring and repairing the enviromnent, youth treatment and prevention, community investment, and law enforcement.
(u) Prevent illegal production or distribution of marijuana.
(v) PreventtheillegaldiversionofmarijuanafromCaliforniatootherstatesorcountriesorto the illegal market.
Preserve scarce law enforcement resources to prevent and prosecute violent crime. (x) Reduce barriers to entry into the legal, regulated market.
(y) Require minors who commit marijuana-related offenses to complete drug prevention education or counseling and c01mnunity service.
(z) Authorize courts to resentence persons who are currently serving a sentence for offenses for which the penalty is reduced by the Act, so long as the person does not pose a risk to public safety, and to redesignate or dismiss such offenses from the criminal records ofpersons who have completed their sentences as set forth in this Act.
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(aa) Allow industrial hemp to be grown as an agricultural product, and for agricultural or academic research, and regulated separately from the strains of cannabis with higher delta-9 tetrahydrocannabinol concentrations.
SECTION 4. PERSONAL USE.
Sections 11018 of the Health and Safety Code is hereby amended, and Sections 11018.1 and 11018.2 of the Health and Safety Code are hereby added to read:
11018. Marijuana
“Marijuana” means all parts ofthe plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part ofthe plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation ofthe mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant vihich is incapable of gennination:
(a) industrial hemp, as defined in Section 11018.5; or
(b) the weight ofany other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
11018.1. Marijuana Products
“Marijuana products” means marijuana that has undergone a process whereby the plant
material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.
11018.2. Marijuana Accessories
“Marijuana accessories” means any equipment, products or materials ofany kind which are used, intendedfor use, or designedfor use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or
for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.
Sections 11362.1 through 11362.45 are added to the Health and Safety Code, to read:
11362.1.
(a) Subject to Sections 11362.2, 11362.3, 11362.4, and 11362.45, but notwithstanding any other
provision oflaw, it shall be lawful under state and local law, and shall not be a violation ofstate or local law, for persons 21 years ofage or older to:
(1) Possess, process, transport, purchase, obtain, or give away to persons 21 years ofage or older without any compensation whatsoever, not more than 28.5 grams ofmarijuana not in the
form ofconcentrated cannabis;
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(2) Possess, process, transport, purchase, obtain, or give away to persons 21 years ofage or olderwithoutanycompensationwhatsoever, notmorethaneightgramsofmarijuanaintheform ofconcentrated cannabis, including as contained in marijuana products;
(3) Possess, plant, cultivate, harvest, dry, or process not more than six living marijuana plants and possess the marijuana produced by the plants;
(4) Smoke or ingest marijuana or marijuana products; and
(5) Possess, transport, purchase, obtain, use, manufacture, or give away marijuana accessories to persons 21 years ofage or older without any compensation whatsoever.
(b) Paragraph (5) ofsubdivision (a) is intended to meet the requirements ofsubdivision(!) of Section 863 a/Title 21 ofthe United States Code (21 US.C. § 863(!)) by authorizing, under state law, any person in compliance with this section to manufacture, possess, or distribute marijuana accessories.
(c) Marijuana and marijuana products involved in any way with conduct deemed lawful by this section are not contraband nor subject to seizure, and no conduct deemed lawful by this section shall constitute the basis for detention, search, or arrest.
11362.2.
(a) Personal cultivation ofmarijuana underparagraph (3) ofsubdivision (a) a/Section 11362.1 is subject to the following restrictions:
(1) A person shall plant, cultivate, harvest, dry, or process plants in accordance with local ordinances, ifany, adopted in accordance with subdivision (b) ofthis section.
(2) Thelivingplantsandanymarijuanaproducedbytheplantsinexcessof28.5gramsarekept withintheperson’sprivateresidence, oruponthegroundsofthatprivateresidence(e.g., inan outdoor garden area), are in a locked space, and are not visible by normal unaided vision from a
public place.
(3) Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds ofthat private residence, at one time. (b)(l) A city, county, or city and county may enact and enforce reasonable regulations to reasonably regulate the actions and conduct in paragraph (3) ofsubdivision (a) ofSection 11362.1.
(2) Notwithstanding paragraph (1), no city, county, or city and county may completely prohibit
persons engaging in the actions and conduct underparagraph (3) ofsubdivision (a) ofSection 11362.1 inside a private residence, or inside an accessory structure to a private residence located upon the grounds ofa private residence that is fully enclosed and secure.
(3) Notwithstandingparagraph (3) ofsubdivision (a) ofSection 11362.1, a city, county, or city and county may completely prohibit persons from engaging in actions and conduct under
paragraph (3) ofsubdivision (a) ofSection 11362.1 outdoors upon the grounds ofaprivate residence.
(4) Paragraph (3) ofthis subdivision shall beconie inoperable upon a determination by the California Attorney General that nonmedical use ofmarijuana is lawful in the State ofCalifornia underfederal law, and an act taken by a city, county, or city and county underparagraph (3) shall be deemed repealed upon the date ofsuch determination by the California Attorney General.
(5) For purposes ofthis section, ”private residence” means a house, an apartment unit, a mobile home, or other similar dwelling.
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11362.3.
(a) Nothing in Section 11362.1 shall be construed to permit any person to:
(1) Smoke or ingest marijuana or marijuana products in any public place, except in accordance with Section 26200 ofthe Business and Professions Code.
(2) Smoke marijuana or marijuana products in a location where snioking tobacco is prohibited. (3) Smoke marijuana or marijuanaproducts within 1,000feet ofa school, day care center, or
youth center while children are present at such a school, day care center, or youth center, except in or upon the grounds ofa private residence or in accordance with Section 26200 ofthe Business and Professions Code or Chapter 3.5 ofDivision 8 ofthe Business and Professions Code and only ifsuch smoking is not detectable by others on the grounds ofsuch a school, day care center, or youth center while children are present.
(4) Possess an open container or open package ofmarijuana or marijuana products while driving, operating, or riding in the passenger seat or compartment ofa motor vehicle, boat, vessel, aircraft, or other vehicle usedfor transportation.
(5) Possess, smoke or ingest marijuana or marijuana products in or upon the grounds ofa school, day care center, or youth center while children are present.
(6) Manufacture concentrated cannabis using a volatile solvent, unless done in accordance with a license under Chapter 3.5 ofDivision 8 or Division 10 ofthe Business and Professions Code. (7) Smoke or ingest marijuana or marijuana products while driving, operating a motor vehicle, boat, vessel, aircraft, or other vehicle usedfor transportation.
(8) Smoke or ingest marijuana or marijuana products while riding in the passenger seat or compartment ofa motor vehicle, boat, vessel, aircraft, or other vehicle usedfor transportation except as permitted on a motor vehicle, boat, vessel, aircraft, or other vehicle usedfor transportation that is operated in accordance with Section 26200 ofthe Business and Professions Code and while no persons under the age of21 years are present.
(b) For purposes ofthis section, “day care center” has the same meaning as in Section 1596. 76. (c) For purposes o f this section, “smoke” means to inhale, exhale, burn, or carry any lighted or heated device or pipe, or any other lighted or heated marijuana or marijuana product intended
for inhalation, whether natural or synthetic, in any manner or in any form. “Smoke” includes the use ofan electronic smoking device that creates an aerosol or vapor, in any manner or in any
form, ortheuseofanyoralsmokingdeviceforthepurposeofcircumventingtheprohibitionof smoking in a place.
(d) For purposes ofthis section, “volatile solvent” means volatile organic compounds, including: (1) explosive gases, such as Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, 02 or H2; and (2) dangerous poisons, toxins, or carcinogens, such as Methanol, Jso-propyl Alcohol, Methylene Chloride, Acetone, Benzene, Toluene, and Tri-chloro-ethylene.
(e) For purposes ofthis section, “youth center” has the same meaning as in Section 11353.1.
(/) Nothing in this section shall be construed or interpreted to amend, repeal, affect, restrict, or
preempt laws pertaining to the Compassionate Use Act of1996.
11362.4.
(a) A person who engages in the conduct described in paragraph (I) ofsubdivision (a) ofSection 11362.3 is guilty ofan infraction punishable by no more than a one hundred dollar ($100) fine;
provided, however, thatpersons under the age of18 shall instead be required to completefour hours ofa drug education program or counseling, and up to 10 hours ofcommunity service, over
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a period not to exceed 60 days once the drug education program or counseling and community service opportunity are made available to the person.
(b) A person who engages in the conduct described in paragraphs (2) through (4) ofsubdivision (a) ofSection 11362. 3 shall be guilty ofan irifraction punishable by no more than a two hundred andfifty dollar ($250) fine, unless such activity is otherwise permitted by state and local law; provided, however, that persons under the age o f 18 shall instead be required to complete four hours ofdrug education or counseling, and up to 20 hours ofcomniunity service, over a period not to exceed 90 days once the drug education program or counseling and community service opportunity are made available to the person.
(c) A person who engages in the conduct described in paragraph (5) ofsubdivision (a) ofSection 11362.3 shall be subject to the same punishment as provided under subdivisions (c) or (d) of Section 11357.
(d) A person who engages in the conduct described in paragraph (6) ofsubdivision (a) ofSection 11362. 3 shall be subject to punishment under Section 113 79. 6.
(e) A person who violates the restrictions in subdivision (a) ofSection 11362.2 is guilty ofan infraction punishable by no more than a two hundred andfifty dollar ($250) fine.
(!) Notwithstanding subdivision (e), a person under the age o f 18 who violates the restrictions in subdivision (a) ofSection 11362.2 shall be punished under subdivision (a) ofSection 11358. (g)(l) The drug education program or counseling hours required by this section shall be mandatory unless the court makes a finding that such a program or counseling is unnecessary
for the person or that a drug education program or counseling is unavailable.
(2) Thedrugeducationprogramrequiredbythissectionforpersonsundertheageof18mustbe
free to participants andprovide at leastfour hours ofgroup discussion or instruction based on science and evidence-basedprinciples andpractices specific to the use and abuse ofmarijuana and other controlled substances.
(h) Upon a finding o fgood cause, the court may extend the time for a person to complete the drug education or counseling, and community service required under this section.
11362.45.
Nothing in section 11362.1 shall be construed or interpreted to amend, repeal, affect, restrict, or preempt:
(a) Laws making it unlawful to drive or operate a vehicle, boat, vessel, or aircraft, while smoking, ingesting, or impaired by, marijuana or marijuana products, including, but not limited to, subdivision (e) ofSection 23152 ofthe Vehicle Code, or the penalties prescribedfor violating those laws.
(b) Laws prohibiting the sale, administering, furnishing, or giving away ofmarijuana, marijuana products, or marijuana accessories, or the offering to sell, administer, furnish, or give away marijuana, marijuana products, or marijuana accessories to a person younger than 21 years o f age.
(c) Laws prohibiting a person younger than 21 years ofagefrom engaging in any ofthe actions or conduct otherwise permitted under Section 11362.1.
(d) Laws pertaining to smoking or ingesting marijuana or marijuana products on the grounds of, or within, anyfacility or institution under thejurisdiction ofthe Department ofCorrections and Rehabilitation or the Division ofJuvenile Justice, or on the grounds of, or within, any other
facility or institution referenced in Section 4573 ofthe Penal Code.
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(e) Laws providing that it would constitute negligence or professional malpractice to undertake any task while impairedfrom smoking or ingesting marijuana or marijuana products.
(j) The rights and obligations ofpublic andprivate employers to maintain a drug and alcohol
free workplace or require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growth ofmarijuana in the workplace, or
affect the ability ofemployers to havepoliciesprohibiting the use ofmarijuana by employees and prospective employees, or prevent employers from complying with state or federal law.
(g) The ability ofa state or local government agency to prohibit or restrict any ofthe actions or conduct otherwise permitted under Section 11362.1 within a building owned, leased, or occupied by the state or local government agency.
(h) The ability ofan individual orprivate entity to prohibit or restrict any ofthe actions or conduct otherwise permitted under Section 11362.1 on the individual’s or entity’s privately owned property.
(i) Laws pertaining to the Compassionate Use Act of1996.
SECTION 5. USE OF MARIJUANA FOR MEDICAL PURPOSES.
Sections 11362.712, 11362.713, 11362.84 and 11362.85 are added to the Health and Safety Code, and 11362.755 of the Health and Safety Code is amended to read:
11362.712.
(a) Commencing on January 1, 2018, a qualified patient must possess a physician’s recommendation that complies with Article 25 (commencing with Section 2525) ofChapter 5 of Division 2 ofthe Business and Professions Code. Failure to comply with this requirement shall not, however, affectanyoftheprotectionsprovidedtopatientsortheirprimarycaregiversby Section 11362.5.
(b) A county health department or the county’s designee shall develop protocols to ensure that, commencing upon January 1, 2018, all identification cards issued pursuant to Section 11362. 71 are supported by a physician’s recommendation that complies with Article 25 (commencing with Section 2525) o f Chapter 5 o fDivision 2 o f the Business and Professions Code.
11362. 713.
(a) Information identifying the names, addresses, or social security numbers o fpatients, their medicalconditions, orthenamesoftheirprimarycaregivers, receivedandcontainedinthe records o f the Department o fPublic Health and by any county public health department are hereby deemed “medical information” within the meaning ofthe Confidentiality ofMedical Information Act (Civil Code§ 56, et seq.) and shall not be disclosed by the Department or by any county public health deparhnent except in accordance with the restrictions on disclosure o f individually identifiable information under the Confidentiality ofMedical Iriformation Act.
(b) Within 24 hours ofreceiving any request to disclose the name, address, or social security number ofapatient, their medical condition, or the name oftheirprimary caregiver, the Department o fPublic Health or any county public health agency shall contact the patient and inform the patient ofthe request and ifthe request was made in writing, a copy ofthe request.
(c) Notwithstanding Section 56.10 ofthe Civil Code, neither the Department ofPublic Health, nor any county public health agency, shall disclose, nor shall they be ordered by agency or court to disclose, the names, addresses, or social security numbers o fpatients, their medical
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conditions, or the names oftheirprimary caregivers, sooner than the 10th day after which the patient whose records are sought to be disclosed has been contacted.
(d) No identification card application system or database used or maintained by the Department ofPublic Health or by any county department ofpublic health or the county’s designee as
provided in Section 11362. 71 shall contain any personal information ofany qualifiedpatient, including but not limited to, the patient’s name, address, social security number, medical conditions, or the names oftheir primary caregivers. Such an application system or database
·may only contain a unique user identification number, and when that number is entered, the only information that may be provided is whether the card is valid or invalid.
11362.755.
(a) The department shall establish application and renewal fees for persons seeking to obtain or renew identification cards that are sufficient to cover the expenses incurred by the department, including the startup cost, the cost of reduced fees for Medi Cal beneficiaries in accordance with subdivision (b), the cost ofidentifying and developing a cost effective Internet Web based system, and the cost of maintaining the 24 hour toll free telephone number. Each county health department or the county’s designee may charge an additional a fee for all costs incurred by the county or the county’s designee for administering the program pursuant to this article.
(b) In no event shall the amount ofthe fee charged by a county health department exceed $100
per application or renewal.
(c) UponsatisfactoryproofofparticipationandeligibilityintheMedi-Calprogram,aMedi-Cal beneficiary shall receive a 50 percent reduction in the fees established pursuant to this section. (d) Uponsatisfactoryproofthataqualifiedpatient, orthelegalguardianofaqualifiedpatient under the age of18, is a medically indigent adult who is eligiblefor andparticipates in the County Medical Sen;ices Program, the fee established pursuant to this section shall be waived. (e) In the event the fees charged and collected by a county health department are not sufficient to
pay for the administrative costs incurred in discharging the county health department’s duties with respect to the mandatory identification card system, the Legislature, upon request by the county health department, shall reimburse the county health departmentfor those reasonable administrative costs in excess ofthefees charged and collected by the county health department.
11362.84.
The status and conduct ofa qualifiedpatient who acts in accordance with the Compassionate Use Act shall not, by itself, be used to restrict or abridge custodial or parental rights to minor children in any action or proceeding under the jurisdiction o ffamily or juvenile court.
11362.85.
Upon a determination by the California Attorney General that thefederal schedule ofcontrolled
substances has been amended to reclassify or declassify marijuana, the Legislature may amend or repeal the provisions ofthe Health and Safety Code, as necessary, to conform state law to such changes in federal law.
SECTION 6. MARIJUANA REGULATION AND SAFETY.
Division 10 is hereby added to the Business and Professions Code to rea_d as follows:
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Division 10. Marijuana
Chapter 1. General Provisions and Definitions
26000.
(a) The purpose and intent ofthis division is to establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale o f nonmedical marijuana and marijuana products for adults 21 years ofage and over. (b)Inthefurtheranceofsubdivision(a), thisdivisionexpandsthepoweranddutiesofthe existing state agencies responsible for controlling and regulating the medical cannabis industry under Chapter 3.5 ofDivision 8 to include the power and duty to control and regulate the commercial nonmedical marijuana industry.
(c) The Legislature may, by majority vote, enact laws to implement this division, provided such laws are consistent with the purposes and intent ofthe Control, Regulate and Tax Adult Use of Marijuana Act.
26001.
Forpurposes ofthis division, thefollowing definitions shall apply:
(a) “Applicant” means the following:
(1)Theownerorownersofaproposedlicensee. “Owner”meansallpersonshaving(A)an aggregate ownership interest (other than a security interest, lien, or encumbrance) of20 percent or more in the licensee and (B) the power to direct or cause to be directed, the management or control ofthe licensee.
(2) Ifthe applicant is a publicly traded company, “owner” includes the chiefexecutive officer and any member ofthe board ofdirectors and any person or entity with an aggregate ownership interest in the company of20 percent or more. Ifthe applicant is a nonprofit entity, “owner” means both the chiefexecutive officer and any member ofthe board ofdirectors.
(b) “Bureau” means the Bureau ofMarijuana Control within the Department ofConsumer Affairs.
(c) “Child resistant” means designed or constructed to be significantly difficult for children underfive years ofage to open, and not difficultfor normal adults to use properly.
(d) “Commercial marijuana activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale ofmarijuana and marijuana products as providedfor in this division.
(e) “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming ofmarijuana.
(!) “Customer” means anaturalperson 21 years ofage or over.
(g) “Day care center” shall have the same meaning as in Section 1596. 76 o f the Health and Safety Code.
(h) “Delivery” means the commercial transfer ofmarijuana or marijuana products to a customer. “Delivery” also includes the use by a retailer ofany technology platform owned and controlled by the retailer, or independently licensed under this division, that enables customers to arrangefor orfacilitate the commercial transfer by a licensed retailer ofmarijuana or marijuana products.
(i) “Director” means the Director ofthe Department ofConsumer Affairs.
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OJ “Distribution” means the procurement, sale, and transport ofmarijuana and marijuana products between entities licensed pursuant to this division.
(k) “Fund” means the Marijuana Control Fund established pursuant to Section 26210.
(l) “Kind” means applicable type or designation regarding a particular marijuana variant or marijuana product type, including, but not limited to, strain name or other grower trademark, or growing area designation.
(m) “License” means a state license issued under this division.
(n) “Licensee ” means any person or entity holding a license under this division.
(o) “Licensing authority” means the state agency responsible for the issuance, renewal, or reinstatement ofthe license, or the state agency authorized to take disciplinary action against the
· licensee.
(p) “Localjurisdiction” means a city, county, or city and county.
(q) “Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.
(r) “Manufacturer” means a person that conducts the production, preparation, propagation, or compounding ofmarijuana or marijuana products either directly or indirectly or by extraction methods, or independently by means ofchemical synthesis, or by a combination ofextraction and chemical synthesis at a fixed location that packages or repackages marijuana or marijuana
products or labels or re-labels its container, that holds a state license pursuant to this division. (s) “Marijuana” has the same meaning as in Section 11018 ofthe Health and Safety Code, except that it does not include marijuana that is cultivated, processed, transported, distributed, or soldfor medicalpurposes under Chapter 3.5 ofDivision 8.
(t) “Marijuana accessories” has the same meaning as in Section 11018.2 ofthe Health and Safety Code.
(u) “Marijuana products” has the same meaning as in Section 11018.1 ofthe Health and Safety Code, except that it does not include marijuana products manufactured, processed, transported, distributed, or soldfor medicalpurposes under Chapter 3.5 ofDivision 8.
(v) “Nursery” means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation o f marijuana.
“Operation” means any actfor which licensure is required under the provisions ofthis division, or any commercial transfer ofmarijuana or 1narijuana products.
(x) “Package” means any container or receptacle usedfor holding marijuana or marijuana products.
(y) “Person” includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
(z) “Purchaser” means the customer who is engaged in a transaction with a licensee for purposes ofobtaining marijuana or marijuana products.
(aa) “Sell, ” “sale, ” and “to sell” include any transaction whereby, for any consideration, title
to marijuana is transferredfrom one person to another, and includes the delivery ofmarijuana or marijuana products pursuant to an order placedfor the purchase ofthe same and soliciting or receiving an orderfor the same, but does not include the return ofmarijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana product was purchased.
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(bb) “Testing service” means a laboratory,facility, or entity in the state, that offers or performs
tests ofmarijuana or marijuanaproducts, including the equipmentprovided by such laboratory, facility, or entity, and that is both ofthefollowing:
(1) Accredited by an accrediting body that is independentfrom all otherpersons involved in commercial marijuana activity in the state.
(2) Registered with the Department o fPublic Health.
(cc) “Unique identifier” means an alphanumeric code or designation usedfor reference to a specific plant on a licensed premises.
(dd) “Unreasonably impracticable” means that the measures necessary to comply with the regulations require such a high investment ofrisk, money, time, or any other resource or asset, that the operation ofa marijuana establishment is not worthy ofbeing carried out in practice by a reasonably prudent business person.
(ee) “Youth center” shall have the same meaning as in Section 11353.1 ofthe Health and Safety Code.
Chapter 2. Administration
26010.
(a) The Bureau ofMedical Marijuana Regulation established in Section 19302 in Chapter 3.5 of Division 8 is hereby renamed the Bureau ofMarijuana Control. The director shall administer and enforce the provisions ofthis division in addition to the provisions ofChapter 3.5 of Division 8. The director shall have the same power and authority as provided by subdivisions
(b) and (c) ofSection 19302.1 for purposes ofthis division.
(b) The bureau and the director shall succeed to and are vested with all the duties, powers,
purposes, responsibilities, andjurisdiction vested in the Bureau ofMedical Marijuana Regulation under Chapter 3.5 ofDivision 8.
(c) In addition to the powers, duties, purposes, responsibilities, andjurisdiction referenced in subdivision (b), the bureau shall heretofore have the power, duty, purpose, responsibility, and jurisdiction to regulate commercial marijuana activity as provided in this division.
(d) Upon the effective date ofthis section, whenever “Bureau ofMedical Marijuana Regulation” appears in any statute, regulation, or contract, or in any other code, it shall be construed to refer to the bureau.
26011.
Neither the chiefofthe bureau nor any member ofthe Marijuana Control Appeals Panel establishedunderSection26040shallhavenordo anyofthefollowing:
(a) Receive any commission or profit whatsoever, directly or indirectly, from any person applying for or receiving any license or permit under this division or Chapter 3.5 o fDivision 8. (b) Engage or have any interest in the sale or any insurance covering a licensee’s business or premises.
(c) Engage or have any interest in the sale ofequipmentfor use upon the premises ofa licensee engaged in commercial marijuana activity.
(d)Knowingly solicit any licenseefor the purchase ofticketsfor benefits or contributionsfor benefits.
(e) Knowingly request any licensee to donate or receive money, or any other thing ofvalue, for the benefit ofany person whatsoever.
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26012.
(a) It being a matter ofstatewide concern, except as otherwise authorized in this division: (1) The Department o f Consumer Affairs shall have the exclusive authority to create, issue, renew, discipline, suspend, or revoke licenses for the transportation, storage unrelated to manufacturing activities, distribution, and sale ofmarijuana within the state.
(2) The Department ofFood and Agriculture shall administer the provisions ofthis division related to and associated with the cultivation ofmarijuana. The Department ofFood and
Agriculture shall have the authority to create, issue, and suspend or revoke cultivation licenses for violations ofthis division.
(3) The Department o fPublic Health shall administer the provisions o f this division related to and associated with the manefacturing and testing ofmarijuana. The Department ofPublic Health shall have the authority to create, issue, and suspend or revoke manufacturing and testing licenses for violations ofthis division.
(b) The licensing authorities and the bureau shall have the authority to collectfees in connection with activities they regulate concerning marijuana. The bureau may create licenses in addition to those identified in this division that the bureau deems necessary to effectuate its duties under this division.
(c) Licensing authorities shall begin issuing licenses under this division by January 1, 2018.
26013.
(a) Licensing authorities shall make andprescribe reasonable rules and regulations as may be necessary to implement, administer and enforce their respective duties under this division in accordance with Chapter 3.5 (commencing with Section 11340) ofPart 1 ofDivision 3 ofTitle 2 ofthe Government Code. Such rules and regulations shall be consistent with the purposes and intent ofthe Control, Regulate and Tax Adult Use ofMarijuana Act.
(b) Licensing authorities may prescribe, adopt, and enforce any emergency regulations as necessary to implement, administer and enforce their respective duties under this division. Any emergency regulation prescribed, adopted or enforcedpursuant to this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) ofPart 1 ofDivision 3 ofTitle 2 ofthe Government Code, and, for purposes ofthat chapter, including Section 11349.6 ofthe Government Code, the adoption ofthe regulation is an emergency and shall be considered by the Office ofAdministrativeLaw as necessaryfor the immediatepreservation ofthepublicpeace, health and safety, and general welfare.
(c) Regulations issued under this division shall be necessary to achieve the purposes ofthis division, based on best available evidence, and shall mandate only commercially feasible
procedures, technology; or other requirements, and shall not unreasonably restrain or inhibit the development ofalternative procedures or technology to achieve the same substantive requirements, nor shall such regulations make compliance unreasonably impracticable.
26014.
(a) The bureau shall convene an advisory committee to advise the bureau and licensing authorities on the development ofstandards and regulations pursuant to this division, including best practices and guidelines that protect public health and safety while ensuring a regulated environmentfor commercial marijuana activity that does not impose such unreasonably
14
impracticable barriers so as to perpetuate, rather than reduce and eliminate, the illicit market for marijuana.
(b) The advisory committee members shall include, but not be limited to, representatives ofthe marijuana industry, representatives oflabor organizations, appropriate state and local agencies,
public health experts, and other subject matter experts, including representatives from the Department o fAlcoholic Beverage Control, with expertise in regulating commercial activity for adult-use intoxicating substances. The advisory committee members shall be determined by the director.
(c) Commencing on January 1, 2019, the advisory committee shall publish an annual public report describing its activities including, but not limited to, the recommendations the advisory committee made to the bureau and licensing authorities during the immediately preceding calendar year and whether those recommendations were implemented by the bureau or licensing authorities.
26015.
A licensing authority may make or cause to be made such investigation as it deems necessary to carry out its duties under this division.
26016.
For any hearing heldpursuant to this division, except a hearing held under Chapter 4, a licensing authority may delegate the power to hear and decide to an administrative law judge. Any hearing before an administrative law judge shall be pursuant to the procedures, rules, and limitations prescribed in Chapter 5 (commencing with Section 11500) ofPart 1 ofDivision 3 of Title 2 ofthe Government Code.
26017.
In any hearing before a licensing authority pursuant to this division, the licensing authority may pay any person appearing as a witness at the hearing at the request ofthe licensing authority pursuant to a subpoena, his or her actual, necessary, and reasonable travel, food, and lodging expenses, not to exceed the amount authorizedfor state employees.
26018.
A licensing authority may on its own motion at any time before a penalty assessment is placed into effect, and without any further proceedings, review the penalty, but such review shall be limited to its reduction.
Chapter 3. Enforcement
26030.
Grounds for disciplinary action include:
(a) Failure to comply with the provisions ofthis division or any rule or regulation adopted
pursuant to this division.
(b) Conduct that constitutes grounds for denial oflicensure pursuant to Chapter 3 (commencing with Section 490) ofDivision 1.5.
(c) Any other grounds contained in regulations adopted by a licensing authority pursuant to this division.
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(d) Failure to comply with any state law including, but not limited to, the payment oftaxes as required under the Revenue and Taxation Code, except as providedfor in this division or other California law.
(e) Knowing violations ofany state or local law, ordinance, or regulation conferring worker
protections or legal rights on the employees ofa licensee.
(f) Failure to comply with the requirement ofa local ordinance regulating commercial marijuana activity.
(g) The intentional and knowing sale ofmarijuana or marijuana products by a licensee to a
person under the legal age to purchase or possess.
26031.
Each licensing authority may suspend or revoke licenses, after proper notice and hearing to the licensee, ifthe licensee isfound to have committed any ofthe acts or omissions constituting grounds for disciplinary action. The disciplinary proceedings under this chapter shall be conducted in accordance with Chapter 5 (commencing with Section 11500) ofPart 1 ofDivision 3 ofTitle 2 ofthe Government Code, and the director ofeach licensing authority shall have all the powers granted therein.
26032.
Each licensing authority may take disciplinary action against a licenseefor any violation ofthis division when the violation was committed by the licensee’s agent or employee while acting on behalfofthe licensee or engaged in commercial marijuana activity.
26033.
Upon suspension or revocation ofa license, the licensing authority shall iriform the bureau. The bureau shall then iriform all other licensing authorities.
26034.
Accusations against licensees under this division shall befiled within the same time limits as specified in Section 19314 or as otherwise provided by law,
26035.
(a) The director shall designate the persons employed by the Department o f Consumer Affairs
for purposes ofthe administration and enforcement ofthis division. The director shall ensure that a sufficient number ofemployees are qualifiedpeace officersfor purposes ofenforcing this division.
26036.
Nothing in this division shall be interpreted to supersede or limit state agencies from exercising their existing enforcement authority, including, but not limited to, under the Fish and Game Code, the Food and Agricultural Code, the Government Code, the Health and Safety Code, the Public Resources Code, the Water Code, or the application ofthose laws.
26037.
(a) The actions ofa licensee, its employees, and its agents that are: (1) permitted under a license issued under this division and any applicable local ordinances; and (2) conducted in accordance
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with the requirements ofthis division and regulations adoptedpursuant to this division, are not unlawful under state law and shall not be an offense subject to arrest, prosecution, or other sanction under state law, or be subject to a civilfine or be a basisfor seizure orforfeiture of assets under state law.
(b) The actions ofaperson who, in goodfaith, allows his or herproperty to be used by a licensee, its employees, and its agents, as permitted pursuant to a state license and any applicable local ordinances, are not unlawful under state law and shall not be an offense subject to arrest, prosecution, or other sanction under state law, or be subject to a civilfine or be a basis
for seizure orforfeiture ofassets under state law.
26038.
(a) A person engaging in commercial marijuana activity without a license required by this division shall be subject to civilpenalties ofup to three times the amount ofthe licensefee for each violation, and the court may order the destruction ofmarijuana associated with that violation in accordance with Section 11479 ofthe Health and Safety Code. Each day of operation shall constitute a separate violation ofthis section. All civilpenalties imposed and collected pursuant to this section by a licensing authority shall be deposited into the General Fund except as provided in subdivision (b).
(b) Ifan action for civil penalties is brought against a licensee pursuant to this division by the Attorney General on behalfofthe people, the penalty collected shall be deposited into the General Fund. Ifthe action is brought by a district attorney or county counsel, the penalty shall
first be used to reimburse the district attorney or county counselfor the costs ofbringing the actionfor civilpenalties, with the remainder, ifany, to be deposited into the GeneralFund. Ifthe action is brought by a city attorney or city prosecutor, the penalty collected shallfirst be used to reimburse the city attorney or city prosecutorfor the costs ofbringing the action for civil
penalties, with the remainder, ifany, to be deposited into the General Fund.
(c) Notwithstanding subdivision (a), criminal penalties shall continue to apply to an unlicensed
person engaging in commercial marijuana activity in violation ofthis division.
Chapter 4. Appeals
26040.
(a) There is established in state government a Marijuana Control Appeals Panel which shall consist ofthree members appointed by the Governor and subject to confirmation by a majority vote ofall ofthe members elected to the Senate. Each member, at the time ofhis or her initial appointment, shall be a resident ofa different countyfrom the one in which either ofthe other members resides. Members ofthe panel shall receive an annual salary as providedfor by Chapter 6 (commencing with Section 11550) ofPart 1 ofDivision 3 ofTitle 2 ofthe Government Code.
(b) The members ofthe panel may be removedfrom office by the Governor, and the Legislature shall have the power, by a majority vote ofall members elected to each house, to remove any memberfrom officefor dereliction ofduty, corruption or incompetency.
(c) A concurrent resolution for the removal ofany member ofthe panel may be introduced in the
Legislature only iffive Members ofthe Senate, or ten Members ofthe Assembly, join as authors.
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26041.
Allpersonnel ofthe panel shall be appointed, employed, directed, and controlled by the panel consistent with state civil service requirements. The director shallfurnish the equipment, supplies, and housing necessaryfor the authorized activities ofthe panel and shallperform such other mechanics ofadministration as the panel and the director may agree upon.
26042.
The panel shall adopt procedures for appeals similar to the procedures used in Articles 3 and 4 in Chapter 1.5 in Division 9 ofthe Business and Professions Code. Such procedures shall be adopted in accordance with the Administrative Procedure Act (Government Code, Title 2, Division 3, section 11340 et seq.).
26043.
(a) When anyperson aggrieved thereby appealsfrom a decision ofthe bureau or any licensing authority ordering any penalty assessment, issuing, denying, transferring, conditioning, suspending or revoking any license providedfor under this division, the panel shall review the decision subject to such limitations as may be imposed by the Legislature. In such cases, the
panel shall not receive evidence in addition to that considered by the bureau or the licensing authority.
(b) Review by the panel ofa decision ofthe bureau or a licensing authority shall be limited to the
following questions:
(1) Whether the bureau or any licensing authority has proceeded without or in excess ofits
jurisdiction.
(2) Whether the bureau or any licensing authority has proceeded in the manner required by law. (3) Whether the decision is supported by the findings.
(4) Whether the findings are supported by substantial evidence in the light o f the whole record.
26044.
(a) In appeals where the panelfinds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the bureau or licensing authority, it may enter an order remanding the matter to the bureau or licensing authorityfor reconsideration in the light ofsuch evidence.
(b) Except as provided in subdivision (a), in all appeals, the panel shall enter an order either affirming or reversing the decision ofthe bureau or licensing authority. When the order reverses the decision ofthe bureau or licensing authority, the board may direct the reconsideration ofthe matter in the light ofits order and may direct the bureau or licensing authority to take such
further action as is specially enjoined upon it by law, but the order shall not limit or control in .any way the discretion vested by law in the bureau or licensing authority.
26045.
Orders ofthe panel shall be subject to judicial review under Section 1094.5 ofthe Code ofCivil Procedure upon petition by the bureau or licensing authority or any party aggrieved by such order.
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Chapter 5. Licensing
26050.
(a) The license classification pursuant to this division shall, at a minimum, be as follows:
(1) Type I = Cultivation; Specialty outdoor; Small.
(2) Type IA == Cultivation; Specialty indoor; Small.
(3) Type IB = Cultivation; Specialty mixed-light; Small.
(4) Type 2 = Cultivation; Outdoor; Small.
(5) Type 2A = Cultivation; Indoor; Small.
(6) Type 2B = Cultivation; Mixed-light; Small.
(7) Type 3 = Cultivation; Outdoor; Medium.
(8) Type 3A = Cultivation; Indoor; Medium.
(9) Type 3B = Cultivation; Mixed-light; Medium.
(10) Type 4 = Cultivation; Nursery.
(11) Type 5 = Cultivation; Outdoor; Large.
(12) Type 5A =Cultivation; Indoor; Large.
(13) Type 5B = Cultivation; Mixed-light; Large.
(14) Type 6 = Manufacturer 1.
(15) Type 7 = Manufacturer 2.
(16) Type 8 = Testing.
(17) Type 10 = Retailer.
(18) Type 11 = Distributor.
(19) Type 12 =Microbusiness.
(b) All licenses issued under this division shall bear a clear designation indicating that the license is for commercial marijuana activity as distinctfrom commercial medical cannabis activity licensed under Chapter 3.5 ofDivision 8. Examples ofsuch a designation include, but are not limited to, “Type 1 -Nonmedical, “or “Type INM”
(c) A license issuedpursuant to this division shall be validfor 12 monthsfrom the date of issuance. The license may be renewed annually.
(d) Each licensing authority shall establish proceduresfor the issuance and renewal oflicenses. (e) Notwithstanding subdivision (c), a licensing authority may issue a temporary license for a
period ofless than 12 months. This subdivision shall cease to be operable on January 1, 2019.
26051.
(a) In determining whether to grant, deny, or renew a license authorized under this division, a licensing authority shall considerfactors reasonably related to the determination, including, but not limited to, whether it is reasonablyforeseeable that issuance, denial, or renewal ofthe license could:
(1) allow unreasonable restrains on competition by creation or maintenance ofunlawful monopoly power;
(2) perpetuate the presence ofan illegal marketfor marijuana or marijuana products in the state or out ofthe state;
(3) encourage underage use or adult abuse ofmarijuana or marijuana products, or illegal diversion ofmarijuana or marijuana products out ofthe state;
(4) result in an excessive concentration oflicensees in a given city, county, or both;
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(5) present an unreasonable risk ofminors being exposed to marijuana or marijuana products; or
(6) result in violations ofany environmentalprotection laws.
(b) A licensing authority may deny a license or renewal ofa license based upon the considerations in subdivision (a).
(c)Forpurposesofthissection, “excessiveconcentration”meanswhenthepremisesforaretail license, microbusiness license, or a license issued under Section 26070.5 is located in an area where either ofthe following conditions exist:
(]) The ratio ofa licensee to population in the census tract or census division in which the applicantpremises are located exceeds the ratio oflicensees to population in the county in which the applicantpremises are located, unless denial ofthe application would unduly limit the development ofthe legal market so as to perpetuate the illegal marketfor marijuana or marijuana products.
(2) The ratio ofretail licenses, microbusiness licenses, or licenses under Section 26070.5 to population in the census tract, division or jurisdiction exceeds that allowable by local ordinance
adopted under Section 26200.
26052.
(a) No licensee shallperform any ofthefollowing acts, orpermit any such acts to beperformed by any employee, agent, or contractor ofsuch licensee:
(1) Make any contract in restraint oftrade in violation ofSection 16600;
(2) Farm a trust or other prohibited organization in restraint oftrade in violation ofSection 16720;
(3) Make a sale or contractfor the sale ofmarijuana or marijuana products, or to fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement or understanding that the consumer or purchaser thereofshall not use or deal in the goods, merchandise, machinery, supplies, commodities, or services ofa competitor or competitors of such seller, where the effect ofsuch sale, contract, condition, agreement or understanding may be to substantially lessen competition or tend to create a monopoly in any line oftrade or commerce;
(4) Sell any marijuana or marijuana products at less than costfor the purpose ofinjuring competitors, destroying competition, or misleading or deceiving purchasers or prospective
purchasers;
(5) Discriminate between different sections, communities, or cities or portions thereof, or between different locations in such sections, communities, cities orportions thereofin this state, by selling or furnishing marijuana or marijuana products at a lower price in one section, community, or city or ‘any portion thereof, or in one location in such section, community, or city or any portion thereof, than in another, for the purpose ofinjuring competitors or destroying competition; or
(6) Sell any marijuana or marijuana products at less than the cost thereofto such vendor, or to give away any article or productfor the purpose ofinjuring competitors or destroying competition.
(b) Anyperson who, either as director, officer or agent ofanyfirm or corporation, or as agent of any person, violates the provisions ofthis chapter, assists or aids, directly or indirectly, in such violation is responsible therefor equally with the person, firm or corporation for which such
person acts.
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(c) A licensing authority may enforce this section by appropriate regulation.
(d) Any person or trade association may bring an action to enjoin and restrain any violation of this sectionfor the recovery ofdamages.
26053.
(a) The bureau and licensing authorities may issue licenses under this division to persons or entities that hold licenses under Chapter 3.5 ofDivision 8.
(b) Notwithstanding subdivision (a), a person or entity that holds a state testing license under this division or Chapter 3.5 ofDivision 8 is prohibitedfrom licensurefor any other activity, except testing, as authorized under this division.
(c) Except as provided in subdivision (b), a person or entity may apply for and be issued more than one license under this division.
26054.
(a) A licensee shall not also be licensed as a retailer ofalcoholic beverages under Division 9 or o f tobacco products.
(b) No licensee under this division shall be located within a 600-foot radius ofa school
providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center that is in existence at the time the license is issued, unless a licensing authority or a local
jurisdiction specifies a different radius. The distance specified in this section shall be measured in the same manner as provided in paragraph (c) ofSection 11362. 768 ofthe Health and Safety Code unless otherwise provided by law.
(c) It shall be lawful under state and local law, and shall not be a violation ofstate or local law,
for a business engaged in the manufacture ofmarijuana accessories to possess, transport, purchase or otherwise obtain small amounts ofmarijuana or marijuana products as necessary to
conduct research and development related to such marijuana accessories, provided such marijuana and marijuana products are obtainedfrom a person or entity licensed under this division or Chapter 3.5 o fDivision 8 permitted to provide or deliver such marijuana or marijuana products.
26054.1
(a) No licensing authority shall issue or renew a license to any person that cannot demonstrate continuous California residencyfrom or before January 1, 2015. In the case ofan applicant or licensee that is an entity, the entity shall not be considered a resident ifany person controlling the entity cannot demonstrate continuous California residency from and before January 1, 2015. (b) Subdivision (a) shall cease to be operable on December 31, 2019 unless reenacted prior thereto by the Legislature.
26054.2
(a) A licensing authority shall give priority in issuing licenses under this division to applicants that can demonstrate to the authority’s satisfaction that the applicant operated in compliance with the Compassionate Use Act and its implementing laws before September 1, 2016, or currently operates in compliance with Chapter 3.5 ofDivision 8.
(b) The bureau shall request that local jurisdictions identify for the bureau potential applicants
for licensure based on the applicants’ prior operation in the local jurisdiction in compliance with state law, including the Compassionate Use Act and its implementing laws, and any
21
applicable local laws. The bureau shall make the requested information available to licensing authorities.
(c) In addition to or in lieu ofthe information described in subdivision (b), an applicant may
furnish other evidence to demonstrate operation in compliance with the Compassionate Use Act or Chapter 3.5 ofDivision 8. The bureau and licensing authorities may accept such evidence to demonstrate eligibility for the priority providedfor in subdivision (a).
(d) This section shall cease to be operable on December 31, 2019 unless otherwise provided by law.
26055.
(a) Licensing authorities may issue state licenses only to qualified applicants.
(b) Revocation ofa state license issued under this division shall terminate the ability ofthe licensee to operate within California until the licensing authority reinstates or reissues the state license.
(c) Separate licenses shall be issuedfor each ofthe premises ofany licensee having more than one location, except as otherwise authorized by law or regulation.
(d) After issuance or transfer ofa license, no licensee shall change or alter the premises in a manner which materially or substantially alters the premises, the usage ofthe premises, or the mode or character ofbusiness operation conductedfrom the premises, from the plan contained in the diagram on file with the application, unless and until prior written assent o f the licensing authorityorbureauhasbeenobtained. Forpurposesofthissection,materialorsubstantial
physical changes ofthe premises, or in the usage ofthe premises, shall include, but not be limited to, a substantial increase or decrease in the total area ofthe licensedpremises previously diagrammed, or any other physical modification resulting in substantial change in the mode or character ofbusiness operation.
(e) Licensing authorities shall not approve an application for a state license under this division if approval ofthe state license will violate the provisions ofany local ordinance or regulation adopted in accordance with Section 26200.
26056.
An applicantfor any type ofstate license issuedpursuant to this division shall comply with the same requirements as setforth in Section 19322 ofChapter 3.5 ofDivision 8 unless otherwise provided by law, including electronic submission offingerprint images, and any other requirements imposed by law or a licensing authority, except as follows:
(a) notwithstandingparagraph (2) ofsubdivision (a) ofSection 19322 ofChapter 3.5 ofDivision 8, an applicant need not provide documentation that the applicant has obtained a license, permit or other authorization to operatefrom the localjurisdiction in which the applicant seeks to operate;
(b) an application for a license under this division shall include evidence that the proposed location meets the restriction in subdivision (b) ofSection 26054; and
(c) for applicants seeking licensure to cultivate, distribute, or manufacture nonmedical marijuana or marijuanaproducts, the application shall also include a detailed description ofthe applicant’s operatingproceduresfor all ofthefollowing, as required by the licensing authority: (1) Cultivation.
(2) Extraction and infusion methods. (3) The transportation process.
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(4) The inventory process.
(5) Quality control procedures.
(6) Thesourceorsourcesofwatertheapplicantwilluseforthelicensedactivities, includinga certification that the applicant may use that water legally under state law.
(d) The applicant shallprovide a complete detailed diagram ofthe proposedpremises wherein the license privileges will be exercised, with sufficient particularity to enable ready determination ofthe bounds ofthe premises, showing all boundaries, dimensions, entrances and exits, interior partitions, walls, rooms, and common or shared entryways, and include a brief statement or description ofthe principal activity to be conducted therein, and, for licenses
permitting cultivation, measurements o f the planned canopy including aggregate square footage and individual square footage ofseparate cultivation areas, ifany.
26056.5.
The bureau shall devise protocols that each licensing authority shall implement to ensure compliance with state laws and regulations related to environmental impacts, natural resource
protection, water quality, water supply, hazardous materials, and pesticide use in accordance with regulations, including but not limited to, the California Environmental Quality Act (Public Resources Code, Section 21000, et seq.), the California Endangered Species Act (Fish and Game Code, Section 2800 et. seq.), lake or streambed alteration agreements (Fish and Game Code, Section 1600 et. seq.), the Clean Water Act, the Porter-Cologne Water Quality Control Act, timber production zones, wastewater discharge requirements, and any permit or right necessary to divert water.
26057.
(a) The licensing authority shall deny an application ifeither the applicant, or the premises for which a state license is applied, do not qualifyfor licensure under this division.
(b) The licensing authority may deny the applicationfor licensure or renewal ofa state license if any ofthefollowing conditions apply:
(1) Failure to comply with the provisions o f this division, any rule or regulation adopted
pursuant to this division, or any requirement imposed to protect natural resources, including, but not limited to, protections for instream flow and water quality.
(2) Conduct that constitutes groundsfor denial oflicensure under Chapter 2 ofDivision 1.5, except as otherwise specified in this section and Section 26059.
(3) Failure to provide information required by the licensing authority.
(4) The applicant or licensee has been convicted ofan offense that is substantially related to the qualifications, functions, or duties ofthe business orprofessionfor which the application is made, except that ifthe licensing authority determines that the applicant or licensee is otherwise suitable to be issued a license, and granting the license would not compromise public safety, the licensing authority shall conduct a thorough review ofthe nature ofthe crime, conviction, circumstances, and evidence ofrehabilitation ofthe applicant, and shall evaluate the suitability ofthe applicant or licensee to be issued a license based on the evidencefound through the review. In determining which offenses are substantially related to the qualifications, functions, or duties ofthe business or profession for which the application is made, the licensing authority shall include, but not be limited to, the following:
(A) A violentfelony conviction, as specified in subdivision (c) ofSection 667.5 ofthe Penal Code.
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(BJ A seriousfelony conviction, as specifiedin subdivision (cJ ofSection 1192.7ofthe Penal Code.
(CJ Afelony conviction involvingfraud, deceit, or embezzlement.
(DJ Afelony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparingfor sale, orpeddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor.
(EJ A felony conviction for drug trafficldng with enhancements pursuant to Sections 113 70. 4 or 11379.8.
(5J Except as provided in subparagraphs (DJ and (EJ ofparagraph (4J and notwithstanding Chapter 2 o fDivision 1. 5, a prior conviction, where the sentence, including any term o f
probation, incarceration, or supervised release, is completed, for possession of, possession for sale, sale, manufacture, transportation, or cultivation ofa controlled substance is not considered substantially related, and shall not be the sole groundfor denial ofa license. Conviction for any controlledsubstancefelony subsequent to licensure shall be groundsfor revocation ofa license or denial ofthe renewal ofa license.
(6J The applicant, or any ofits officers, directors, or owners, has been subject tofines or penaltiesfor cultivation orproduction ofa controlledsubstance onpublic orprivate lands pursuant to Sections 12025 or 12025.1 ofthe Fish and Game Code.
(7J The applicant, or any ofits officers, directors, or owners, has been sanctioned by a licensing authority or a city, county, or city and county for unauthorized commercial marijuana activities or commercial medical cannabis activities, has had a license revoked under this division or Chapter 3.5 o fDivision 8 in the three years immediately preceding the date the application is
filed with the licensing authority, or has been sanctioned under Sections 12025 or 12025.l ofthe Fish and Game Code.
(8J Failure to obtain and maintain a valid seller’s permit required pursuant to Part 1 (commencing with Section 6001J ofDivision 2 ofthe Revenue and Taxation Code.
(9J Any other condition specified in law.
26058.
Upon the denial ofany applicationfor a license, the licensing authority shall notify the applicant in writing.
26059.
An applicant shall not be denied a state license ifthe denial is based solely on any ofthe
following:
(aJ A conviction or act that is substantially related to the qualifications, fimctions, or duties of the business or profession for which the application is made for which the applicant or licensee has obtained a certificate ofrehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.0lJ ofTitle 6 ofPart 3 ofthe Penal Code.
(bJ A conviction that was subsequently dismissed pursuant to Sections 1203.4, l 203.4a, or 1203.41 ofthe Penal Code or any otherprovision allowingfor dismissal ofa conviction.
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Chapter6. LicensedCultivationSites
26060.
(a) Regulations issued by the Department o fFood and Agriculture governing the licensing o f indoor, outdoor, and mixed-light cultivation sites shall apply to licensed cultivators under this division.
(b) Standards developed by the Department ofPesticide Regulation, in consultation with the Department ofFood and Agriculture, for the use ofpesticides in cultivation, and maximum tolerancesfor pesticides and otherforeign object residue in harvested cannabis shall apply to licensed cultivators under this division.
(c) The Department o fFood and Agriculture shall include conditions in each license requested by the Department ofFish and Wildlife and the State Water Resources Control Board to ensure that individual and cumulative effects ofwater diversion and discharge associated with cultivation do not affect the instreamflows neededforfish spawning, migration, and rearing, and the flows needed to maintain naturalflow variability, and to otherwise protectfish, wildlife,
fish and wildlife habitat, and water quality.
(d) The regulations promulgated by the Department o fFood and Agriculture under this division shall, at a minimum, address in relation to commercial marijuana activity, the same matters described in subdivision (e) ofSection 19332 ofChapter 3.5 ofDivision 8.
(e) The Department ofPesticide Regulation, in consultation with the State Water Resources Control Board, shall promulgate regulations that require that the application o fpesticides or otherpest control in connection with the indoor, outdoor, or mixed light cultivation ofmarijuana meets standards equivalent to Division 6 (commencing with Section 11401) ofthe Food and Agricultural Code and its implementing regulations.
26061.
(a) The state cultivator license types to be issued by the Department o fFood and Agriculture under this division shall include Type 1, Type IA, Type JB, Type 2, Type 2A, Type 2B, Type 3, Type 3A, Type 3B, Type 4, and Type 5, Type SA, and Type SB unless otherwise provided by law. (b) Except as otherwise provided by law, Type 1, Type IA, Type JB, Type 2, Type 2A, Type 2B; Type 3, Type3A, Type 3B and Type 4 licenses shallprovidefor the cultivation ofmarijuana in the same amount as the equivalent license typefor cultivation ofmedical cannabis as specified in subdivision (g) ofSection 19332 ofChapter 3.5 ofDivision 8.
(c) Except as otherwise provided by law:
(1) Type 5, or “outdoor, “means for outdoor cultivation using no artificial lighting greater than one acre, inclusive, o f total canopy size on one premises.
(2) Type SA, or “indoor, “means for indoor cultivation using exclusively artificial lighting greater than 22, 000 square feet, inclusive, o f total canopy size on one premises.
(3) Type SB, or “mixed-light,” meansfor cultivation using a combination ofnatural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, greater than 22,000 square feet, inclusive, o f total canopy size on one premises.
(d) No Type 5, Type 5A, or Type 5B cultivation licenses may be issued before January 1, 2023. (e) Commencing on January 1, 2023, A Type 5, Type 5A, or Type 5B licensee may apply for and hold a Type 6 or Type 7 license and apply for and hold Type 10 license. A Type 5, Type 5A, or Type 5B licensee shall not eligible to apply for or hold a Type 8, Type 11, or Type 12 license.
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26062.
The Department o fFood and Agriculture, in conjunction with the bureau, shall establish a certified organic designation and organic certification program for marijuana and marijuana
products in the same manner as provided in Section 19332.5 ofChapter 3.5 ofDivision 8.
26063.
(a) The bureau shall establish standardsfor recognition ofaparticular appellation oforigin applicable to marijuana grown or cultivated in a certain geographical area in California.
(b) Marijuana shall not be marketed, labeled, or sold as grown in a California county when the marijuana was not grown in that county.
(c) The name ofa California county shall not be used in the labeling, marketing, orpackaging of marijuana products unless the marijuana contained in the product was grown in that county.
26064.
Each licensed cultivator shall ensure that the licensed premises do not pose an unreasonable risk offire or combustion. Each cultivator shall ensure that all lighting, wiring, electrical and mechanical devices, or other relevant property is carefully maintained to avoid unreasonable or dangerous risk to the property or others.
26065.
An employee engaged in the cultivation ofmarijuana under this division shall be subject to Wage
Order No. 4-2001 ofthe Industrial Welfare Commission.
26066.
Indoor and outdoor marijuana cultivation by persons and entities licensed under this division 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 Board ofForestry and Fire Protection, the Department ofFish 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 ofmarijuana cultivation and shall coordinate when appropriate with cities and counties and their law enforcement agencies in enforcement efforts.
26067.
(a) The Department ofFood and Agriculture shall establish a Marijuana Cultivation Program to be administered by the secretary. The secretary shall administer this section as it pertains to the cultivation ofmarijuana. Forpurposes ofthis division, marijuana is an agriculturalproduct.
(b) A person or entity shall not cultivate marijuana withoutfirst obtaining a state license issued by the department pursuant to this section.
(c)(l) The department, in consultation with, but not limited to, the bureau, the State Water Resources Control Board, and the Department ofFish and Wildlife, shall i111,plement a unique identification program for 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:
26
(A) Individual and cumulative effects ofwater diversion and discharge associated with cultivation do not affect the instream flows neededfor fish spawning, migration, and rearing, and the flows needed to maintain naturalflow variability. Ifa watershed cannot support additional cultivation, no new plant identifiers will be issuedfor that watershed.
(B) Cultivation will not negatively impact springs, riparian wetlands and aquatic habitats.
(2) The department shall establish a program for the identification o fpermitted marijuana plants at a cultivation site during the cultivation period. A unique identifier shall be issuedfor each marijuana plant. The department shall ensure that unique identifiers are issued as quickly as
possible to ensure the implementation ofthis division. The unique identifier shall be attached at the base ofeach plant or as otherwise required by law or regulation.
(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 trackprogram specified in Section 26170.
(C) The department may charge afee to cover the reasonable costs ofissuing the unique identifier and monitoring, tracking, and inspecting each marijuana plant.
(D) The department may promulgate regulations to implement this section.
(3) The department shall take adequate steps to establish protections againstfraudulent unique identifiers and limit illegal diversion ofunique identifiers to unlicensedpersons.
(d) Unique identifiers and associated identifying information administered by localjurisdictions shall adhere to the requirements set by the department and be the equivalent to those administered by the department.
(e) (1) This section does not apply to the cultivation ofmarijuana in accordance with Section 11362.1 ofthe Health and Safety Code or the Compassionate Use Act.
(2) Subdivision (b) ofthis section does not apply to persons or entities licensed under either paragraph (3) ofsubdivision (a) ofSection 26070 or subdivision (b) ofSection 26070.5.
(!) “Department”for purposes ofthis section means the Department ofFood andAgriculture. Chapter 7. Retailers and Distributors
26070. Retailers and Distributors
(a) State licenses to be issued by the Department o f Consumer Affairs are as follows:
(1) “Retailer, “for the retail sale and delivery ofmarijuana or marijuana products to customers. (2) “Distributor,”for the distribution ofmarijuana andmarijuanaproducts. A distributor licensee shall be bonded and insured at a minimum level established by the licensing authority. (3) “Microbusiness, “for the cultivation ofmarijuana on an area less than 10,000 squarefeet and to act as a licensed distributor, Level 1 manufacturer, and retailer under this division,
provided such licensee complies with all requirements imposed by this division on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities. Microbusiness licenses that authorize cultivation ofmarijuana shall include conditions requested by the Department ofFish and Wildlife and the State Water Resources Control Board to ensure that individual and cumulative effects ofwater diversion and discharge associated with cultivation do not affect the instream flows neededfor fish spawning, migration, and rearing, and the flow needed to maintain flow variability, and otherwise protectfish, wildlife, fish and wildlife habitat, and water quality.
(b) The bureau shall establish minimum security and transportation safety requirements for the commercial distribution and delivery ofmarijuana and marijuana products. The transportation
27
safety standards established by the bureau shall include, but not be limited to, minimum standards governing the types ofvehicles in which marijuana and marijuana products may be distributed and delivered and minimum qualifications for persons eligible to operate such vehicles.
(c) Licensed retailers and microbusinesses, and licensed nonprofits under Section 26070.5, shall implement security measures reasonably designed to prevent unauthorized entrance into areas containing marijuana or marijuana products and theft ofmarijuana or marijuana products from the premises. These security measures shall include, but not be limited to, all ofthe following: (1) Prohibiting individuals from remaining on the licensee’s premises ifthey are not engaging in activity expressly related to the operations ofthe dispensary.
(2) Establishing limited access areas accessible only to authorizedpersonnel.
(3) Other than limited amounts ofmarijuana usedfor display purposes, samples, or immediate sale, storing allfinished marijuana and marijuana products in a secured and locked room, safe, or vault, and in a manner reasonably designed to prevent diversion, theft, and loss.
26070.5
(a) The bureau shall, by January 1, 2018, investigate the feasibility ofcreating one or more classifications ofnonprofit licenses under this section. The feasibility determination shall be made in consultation with the relevant licensing agencies and representatives oflocal
jurisdictions which issue temporary licenses pursuant to subdivision (b).
The bureau shall consider factors including, but not limited to, the following:
(1) Should nonprofit licensees be exemptedfrom any or all state taxes, licensingfees and regulatory provisions applicable to other licenses in this division?
(2) Shouldfunding incentives be created to encourage others licensed under this division to
provide professional services at reduced or no cost to nonprofit licensees?
(3) Should nonprofit licenses be limited to, or prioritize those, entities previously operating on a not-for-profit basis primarily providing whole-plant marijuana and marijuana products and a diversity ofmarijuana strains and seed stock to low income persons?
(b) Any localjurisdiction may issue temporary local licenses to nonprofit entities primarily
providing whole-plant marijuana and marijuana products and a diversity ofmarijuana strains and seed stock to low income persons so long as the local jurisdiction:
(1) confirms the license applicant’s status as a nonprofit entity registered with the California Attorney General’s Registry ofCharitable Trusts and that the applicant is in good standing with all state requirements governing nonprofit entities;
(2) licenses and regulates any such entity to protectpublic health and safety, and so as to require compliance with all environmental requirements in this division;
(3) provides notice to the bureau ofany such local licenses issued, including the name and location ofany such licensed entity and all local regulations governing the licensed entity’s operation, and;
(4) certifies to the bureau that any such licensed entity will not generate annual gross revenues in excess o f two million dollars ($2, 000, 000).
(c) Temporary local licenses authorized under subdivision (b) shall expire after twelve months unless renewed by the localjurisdiction.
(d) The bureau may impose reasonable additional requirements on the local licenses authorized under subdivision (b).
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(e) (1) No new temporary local licenses shall be issuedpursuant to this section after the date the bureau determines that creation ofnonprofit licenses under this division is notfeasible, or ifthe bureau determines such licenses are feasible, after the date a licensing agency commences issuing state nonprofit licenses.
(2) I f the bureau determines such licenses are feasible, no temporary license issued under subdivision (b) shall be renewed or extended after the date on which a licensing agency commences issuing state nonprofit licenses.
(3) Ifthe bureau determines that creation ofnonprofit licenses under this division is notfeasible, the bureau shallprovide notice ofthis determination to all localjurisdictions that have issued temporary licenses under subdivision (b). The bureau may, in its discretion, permit any such localjurisdiction to renew or extend on an annual basis any temporary license previously issued under subdivision (b).
Chapter 8. Distribution and Transport
26080.
(a) This division shall not be construed to authorize or permit a licensee to transport or distribute, or cause to be transported or distributed, marijuana or marijuana products outside the state, unless authorized by federal law.
(b) A localjurisdiction shall notprevent transportation ofmarijuana or marijuanaproducts on
public roads by a licensee transporting marijuana or marijuana products in compliance with this division.
Chapter 9. Delivery
26090.
(a) Deliveries, as defined in this division, may only be made by a licensed retailer or microbusiness, or a licensed nonprofit under Section 26070.5.
(b) A customer requesting delivery shall maintain a physical or electronic copy ofthe delivery request and shall make it available upon request by the licensing authority and law enforcement officers.
(c) A localjurisdiction shall notprevent delivery ofmarijuana or marijuana products on public roads by a licensee acting in compliance with this division and local law as adopted under Section 26200.
Chapter10. ManufacturersandTestingLaboratories
26100.
The Department o fPublic Health shall promulgate regulations governing the licensing o f marijuana manufacturers and testing laboratories. Licenses to be issued are as follows:
(a) “Manufacturing Level 1, “for sites that manufacture marijuana products using nonvolatile solvents, or no solvents.
(b) “Manufacturing Level 2, “for sites that manufacture marijuana products using volatile solvents.
(c) “Testing, “for testing ofmarijuana and marijuana products. Testing licensees shall have theirfacilities or devices licensed according to regulations setforth by the Department. A testing
29
licensee shall not hold a license in another license category ofthis division and shall not own or have ownership interest in a non-testingfacility licensedpursuant to this division.
(d) For purposes ofthis section, “volatile solvents” shall have the same meaning as in subdivision (d) ofSection 11362.2 ofthe Health and Safety Code unless otherwise provided by law or regulation.
26101.
(a) Except as otherwise provided by law, no marijuana or marijuana products may be sold
pursuant to a license providedfor under this division unless a representative sample ofsuch marijuana or marijuana product has been tested by a certified testing service to determine: (1) Whether the chemicalprofile ofthe sample conforms to the labeled content ofcompounds, including, but not limited to, all ofthefollowing:
(A) Tetrahydrocannabinol (THC).
(B) Tetrahydrocannabinolic Acid (THCA).
(CJ Cannabidiol (CED).
(DJ Cannabidiolic Acid (CBDA).
(E) The terpenes described in the most current version ofthe cannabis inflorescence monograph
published by the American Herbal Pharmacopoeia.
(F) Cannabigerol (CBG).
(G) Cannabinol (CBN).
(2) That the presence ofcontaminants does not exceed the levels in the most current version of the American Herbal Pharmacopoeia monograph. For purposes ofthis paragraph, contaminants includes, but is not limited to, all ofthefollowing:
(A) Residual solvent or processing chemicals, including explosive gases, such as Butane, propane, 02 or H2, and poisons, toxins, or carcinogens, such as Methanol, Iso-propyl Alcohol, Methylene Chloride, Acetone, Benzene, Toluene, and Tri-chloro-ethylene.
(BJ Foreign material, including, but not limited to, hair, insects, or similar or related adulterant. (CJ Microbiological impurity, including total aerobic microbial count, total yeast mold count, P. aeruginosa, aspergillus spp., s. aureus, aflatoxin Bl, B2, GI, or G2, or ochratoxin A.
(b) Residual levels ofvolatile organic compounds shall satisfy standards ofthe cannabis inflorescence monograph set by the United States Pharmacopeia (USP. Chapter 467).
(c) The testing required by paragraph (a) shall be performed in a manner consistent with general requirementsfor the competence oftesting and calibrations activities, including sampling, using standard methods established by the International Organization for Standardization, specifically ISOIIEC 17020 and ISOIIEC 17025 to test marijuana and marijuana products that are approved by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Agreement.
(d) Anypre-sale inspection, testing transfer, or transportation ofmarijuanaproductspursuant to this section shall coriform to a specified chain ofcustody protocol and any other requirements imposed under this division.
26102.
A licensed testing service shall not handle, test, or analyze marijuana or marijuana products unless the licensed testing laboratory meets the requirements ofSection 19343 in Chapter 3.5 of Division 8 or unless otherwise provided by law.
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26103.
A licensed testing service shall issue a certificate ofanalysisfor each lot, with supporting data, to report the same information required in Section 19344 in Chapter 3.5 ofDivision 8 or unless otherwise provided by law.
26104.
(a) A licensed testing service shall, in performing activities concerning marijuana and marijuana
products, comply with the requirements and restrictions setforth in applicable law and regulations.
(b) The Department ofPublic Health shall develop procedures to:
(]) ensure that testing ofmarijuana and marijuana products occurs prior to distribution to retailers, microbusinesses, or nonprofits licensed under Section 26070.5;
(2) specify how often licensees shall test marijuana and marijuana products, and that the cost o f testing marijuana shall be borne by the licensed cultivators and the cost oftesting marijuana
products shall be borne by the licensed manufacturer, and that the costs oftesting marijuana and marijuana products shall be borne a nonprofit licensed under Section 26070.5; and
(3) require destruction ofharvested batches whose testing samples indicate noncompliance with health and safety standards promulgated by the Department ofPublic Health, unless remedial measures can bring the marijuana or marijuana products into compliance with quality assurance standards as promulgated by the Department o fPublic Health.
26105.
Manufacturing Level 2 licensees shall enact sufficient methods or procedures to capture or otherwise limit risk ofexplosion, combustion, or any other unreasonably dangerous risk to public safety created by volatile solvents. The Department ofPublic Health shall establish minimum standards concerning such methods and procedures for Level 2 licensees.
26106.
Standards for the production and labeling ofall marijuana products developed by the Department ofPublic Health shall apply to licensed manufacturers and microbusinesses, and nonprofits licensed under Section 26070.5 unless otherwise specified by the Department of Public Health.
Chapter 11. Quality Assurance, Inspection, and Testing
26110.
(a) All marijuana and marijuana products shall be subject to quality assurance, inspection, and testing.
(b) All marijuana and marijuana products shall undergo quality assurance, inspection, and testing in the same manner as provided in Section 19326 in Chapter 3.5 ofDivision 8 except as otherwise provided in this division or by law.
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Chapter 12. Packaging and Labeling
26120.
(a) Prior to delivery or sale at a retailer, marijuana and marijuana products shall be labeled and placed in a resealable, child resistant package.
(b) Packages and labels shall not be made to be attractive to children.
(c) All marijuana and niarijuana product labels and inserts shall include the following information prominently displayed in a clear and legible fashion in accordance with the requirements, includingfont size, prescribed by the bureau or the Department ofPublic Health: not kss than 8pointfont:
(I) Manufacture date and source.
(2) The following statements, in bold print:
(A) For marijuana: “GOVERNMENT WARNING: THIS PACKAGE CONTAINS MARIJUANA,
A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDRENAND ANIMALS. MARIJUANA MAY ONLYBE POSSESSED OR CONSUMED BY PERSONS 21
YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED P ATIENT MARIJUANA USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL.
CONSUMPTION OF MARIJUANA IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY PLEASE USE EXTREME CAUTION”
(B) For marijuana products: “GOVERNMENT WARNING: THIS PRODUCT CONTAINS MARIJUANA,ASCHEDULEICONTROLLEDSUBSTANCE. KEEPOUTOFREACHOF CHILDRENANDANIMALS. MARIJUANA PRODUCTSMAYONLYBEPOSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIEDPATIENT THEINTOXICATINGEFFECTSOFMARIJUANA PRODUCTSMAY BE DELAYED UP TO TWO HOURS. MARIJUANA USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF MARIJUANA PRODUCTS
IMP AIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY PLEASE USE EXTREME CAUTION”
(3) For packages containing only driedflower, the net weight ofmarijuana in the package. (4) Identification ofthe source and date ofcultivation, the type ofmarijuana or marijuana
product and the date ofmanefacturing andpackaging.
(5) The appellation oforigin, ifany.
(6) List ofpharmacologically active ingredients, including, but not limited to, tetrahydrocannabinol (THC), cannabidiol (CED), and other cannabinoid content, the THC and other cannabinoid amount in milligrams per serving, servings per package, and the THC and other cannabinoid amount in milligramsfor the package total, and the potency ofthe marijuana or marijuana product by reference to the amount oftetrahydrocannabinol and cannabidiol in each serving.
(7) For marijuana products, a list ofall ingredients and disclosure ofnutritional information in the same manner as the federal nutritional labeling requirements in 21 C.F.R. section 101.9.
(8) A list ofany solvents, nonorganic pesticides, herbicides, andfertilizers that were used in the cultivation, production, and manufacture o fsuch marijuana or marijuana product.
(9) A warning ifnuts or other known allergens are used.
(I0) Information associated with the unique identifier issued by the Department ofFood and
Agriculture.
(11) Any other requirement set by the bureau or the Department ofPublic Health.
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(d) Only generic food names may be used to describe the ingredients in edible marijuana products.
(e) In the event the bureau determines that marijuana is no longer a schedule I controlled substance under federal law, the label prescribed in subdivision (c) shall no longer require a statement that marijuana is a schedule I controlled substance.
Chapter 13. Marijuana Products
26130.
(a) Marijuana products shall be:
(1) Not designed to be appealing to children or easily confused with commercially sold candy or
foods that do not contain marijuana.
(2) Produced and sold with a standardized dosage ofcannabinoids not to exceed ten (10) milligrams tetrahydrocannabinol per serving.
(3) Delineated or scored into standardized serving sizes ifthe marijuana product contains more than one serving and is an edible marijuana product in solidform.
(4) Homogenized to ensure uniform disbursement ofcannabinoids throughout the product.
(5) Manufactured and sold under sanitation standards established by the Department ofPublic Health, in consultation with the bureau, for preparation, storage, handling and sale offood
products.
(6) Provided to customers with sufficient information to enable the informed consumption of such product, including the potential effects ofthe marijuana product and directions as to how to consume the marijuana product, as necessary.
(b) Marijuana, including concentrated cannabis, included in a marijuana product manufactured in compliance with law is not considered an adulterant under state law.
Chapter 14. Protection ofMinors
26140.
(a) No licensee shall:
(1) Sell niarijuana or marijuana products to persons under 21 years ofage. ·
(2) Allow any person under 21 years ofage on its premises.
(3) Employ or retain persons under 21 years ofage.
(4) Sell or transfer marijuana or marijuana products unless the person to whom the marijuana or marijuana product is to be soldfirst presents documentation which reasonably appears to be a valid government-issued identification card showing that the person is 21 years ofage or older .
(b) Persons under 21 years ofage may be used by peace officers in the enforcement ofthis division and to apprehend licensees, or employees or agents oflicensees, or otherpersons who sell orfurnish marijuana to minors. Notwithstanding any provision oflaw, any person under 21
years ofage who purchases or attempts to purchase any marijuana while under the direction of a peace officer is immune from prosecution for that purchase or attempt to purchase marijuana. Guidelines with respect to the use ofpersons under 21 years ofage as decoys shall be adopted andpublished by the bureau in accordance with the rulemakingportion ofthe Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) ofPart 1 ofDivision 3 ofTitle 2 ofthe Government Code).
33
(c) Notwithstanding subdivision (a), a licensee that is also a dispensary licensed under Chapter 3.5 ofDivision 8 may:
(1) Allow on the premises any person 18 years ofage or older who possesses a valid identification card under Section 11362. 71 ofthe Health and Safety Code and a valid government-issued identification card;
(2) Sell marijuana, marijuana products, and marijuana accessories to a person 18 years ofage or older who possesses a valid identification card under Section 11362. 71 ofthe Health and Safety Code and a valid government-issued identification card.
Chapter15. AdvertisingandMarketingRestrictions
26150.
Forpurposes ofthis chapter:
(a) “Advertise” means the publication or dissemination ofan advertisement.
(b) “Advertisement” includes any written or verbal statement, illustration, or depiction which is calculated to induce sales ofmarijuana or marijuana products, including any written, printed, graphic, or other material, billboard, sign, or other outdoor display, public transit card, other periodical literature, publication, or in a radio or television broadcast, or in any other media; except that such term shall not include:
(1) Any label affixed to any marijuana or marijuana products, or any individual covering,
carton, or other wrapper ofsuch container that constitutes a part ofthe labeling under provisions ofthis division.
(2) Any editorial or other reading material (e.g., news release) in any periodical or publication or newspaperfor the publication ofwhich no money or valuable consideration is paid or promised, directly or indirectly, by any licensee, and which is not written by or at the direction of the licensee.
(c) “Advertising sign” is any sign, poster, display, billboard, or any other stationary or permanently-affixed advertisementpromoting the sale ofmarijuana or marijuana products
which are not cultivated, manufactured, distributed, or sold on the same lot.
(d) “Health-related statement” means any statement related to health, and includes statements ofa curative or therapeutic nature that, expressly or by implication, suggest a relationship between the consumption ofmarijuana or marijuana products and health benefits, or effects on health.
(e) “Market” or “Marketing” means any act or process o fpromoting or selling marijuana or marijuana products, including but not limited to, sponsorship ofsporting events, point ofsale advertising, development ofproducts specifically designed to appeal to certain demographics,
etc.
26151.
(a) All advertisements and marketing shall accurately and legibly identify the licensee responsible for its content.
(b) Any advertising or marketing placed in broadcast, cable, radio, print and digital communications shall only be displayed where at least 71.6percent ofthe audience is reasonably expected to be 21 years ofage or older, as determined by reliable, up-to-date audience composition data.
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(c) Any advertising or marketing involving direct, individualized communication or dialogue controlled by the licensee shall utilize a method ofage affirmation to verify that the recipient is 21 years ofage or olderprior to engaging in such communication or dialogue controlled by the licensee. For purposes ofthis section, such method ofage affirmation may include user confirmation, birth date disclosure, or other similar registration method.
(d) All advertising shall be truthful and appropriately substantiated.
26152.
No licensee shall:
(a) Advertise or market in a manner that isfalse or untrue in any materialparticular, or that, irrespective offalsit;y, directly, or by ambiguit;y, omission, or inference, or by the addition of irrelevant, scientific or technical matter tends to create a misleading impression;
(b) Publish or disseminate advertising or marketing containing any statement concerning a brand or product that is inconsistent with any statement on the labeling thereof;
(c) Publish or disseminate advertising or marketing containing any statement, design, device, or representation which tends to create the impression that the marijuana originated in a particular place or region, unless the label ofthe advertisedproduct bears an appellation oforigin, and such appellation oforigin appears in the advertisement;
(d) Advertise or market on a billboard or similar advertising device located on an Interstate Highway or State Highway which crosses the border ofany other state;
(e) Advertise or market marijuana or marijuana products in a manner intended to encourage persons under the age of21 years to consume marijuana or marijuana products;
(/) Publish or disseminate advertising or marketing containing symbols, language, music, gestures, cartoon characters or other content elements known to appeal primarily to persons below the legal age ofconsumption; or
(g) Advertise or market marijuana or marijuana products on an advertising sign within 1,000 feet ofa day care center, schoolproviding instruction in kindergarten or any grades 1 through 12, playground, or youth center.
26153.
No licensee shall give away any amount ofmarijuana or marijuana products, or any marijuana accessories, as part ofa business promotion or other commercial activit;y.
26154.
No licensee shall publish or disseminate advertising or marketing containing any health-related statement that is untrue in any particular manner or tends to create a misleading impression as to the effects on health ofmarijuana consumption.
26155.
(a) The provisions o fsubsection (g) o fsection 26152 shall not apply to the placement o f advertising signs inside a licensed premises and which are not visible by normal unaided vision
from a public place, provided that such advertising signs do not advertise marijuana or marijuana products in a manner intended to encourage persons under the age of21years to consume marijuana or marijuana products.
(b) This chapter does not apply to any noncommercial speech.
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Chapter 16. Records
26160.
(a) A licensee shall keep accurate records ofcommercial marijuana activity.
(b) All records related to commercial marijuana activity as defined by the licensing authorities shall be maintainedfor a minimum ofseven years.
(c) The bureau may examine the books and records ofa licensee and inspect the premises ofa licensee as the licensing authority, or a state or local agency, deems necessary to perform its duties under this division. All inspections shall be conducted during standard business hours of the licensedfacility or at any other reasonable time.
(d) Licensees shall keep records identified by the licensing authorities on the premises ofthe location licensed. The licensing authorities may make any examination ofthe records ofany licensee. Licensees shall also provide and deliver copies ofdocuments to the licensing agency upon request.
(e) A licensee, or its agent or employee, that refuses, impedes, obstructs, or interferes with an inspection ofthe premises or records ofthe licensee pursuant to this section, has engaged in a violation ofthis division.
(/) Ifa licensee, or an agent or employee ofa licensee, fails to maintain orprovide the records requiredpursuant to this section, the licensee shall be subject to a citation andfine ofup to thirty thousand dollars ($30,000) per individual violation.
26161.
(a) Every sale or transport ofmarijuana or marijuanaproductsfrom one licensee to another licensee must be recorded on a sales invoice or receipt. Sales invoices and receipts may be maintained electronically and must be filed in such manne,r as to be readily accessible for examination by employees ofthe bureau or Board ofEqualization and shall not be commingled with invoices covering other commodities.
(b) Each sales invoice required by subdivision (a) shall include the name and address ofthe seller and shall include the following information:
(1) Name and address ofthe purchaser.
(2) Date ofsale and invoice number.
(3) Kind, quantity, size, and capacity ofpackages ofmarijuana or marijuana products sold.
(4) The cost to the purchaser, together with any discount applied to the price as shown on the invoice.
(5) The placefrom which transport ofthe marijuana or marijuanaproduct was made unless transport was madefrom thepremises ofthe licensee.
(6) Any other information specified by the bureau or the licensing authority.
Chapter 17. Track and Trace System
26170.
(a) The Department o fFood and Agriculture, in consultation with the bureau and the State Board ofEqualization, shall expand the track and trace program providedfor under Article 7.5 to include the reporting ofthe movement ofmarijuana and marijuana products throughout the distribution chain andprovide, at a minimum, the same level ofinformationfor marijuana and marijuana products as required to be reportedfor medical cannabis and medical cannabis
36
products, and in addition, the amount ofthe cultivation tax due pursuant to Part 14.5 ofthe Revenue and Taxation Code. The expanded track and trace program shall include an electronic seed to sale software tracldng system with data pointsfor the different stages ofcommercial activity including, but not limited to, cultivation, harvest, processing, distribution, inventory, and sale.
(b) The Department, in consultation with the bureau, shall ensure that licensees under this division are allowed to use third-party applications, programs and ieformation technology systems to comply with the requirements ofthe expanded track and trace program described in subdivision (a) to report the movement ofmarijuana and marijuana products throughout th<? distribution chain and communicate such information to licensing agencies as required by law. (c) Any software, database or other information technology system utilized by the Department to implement the expanded track and trace program shall support interoperability with third-party cannabis business software applications and allow all licensee-facing system activities to be performed through a secure application programming interface (AP!) or comparable technology which is well documented, bi-directional, and accessible to any third-party application that has been validated and has appropriate credentials. The AP! or comparable technology shall have version control andprovide adequate notice ofupdates to third-party applications. The system should provide a test environment for third-party applications to access that mirrors the
production environment.
Chapter18. LicenseFees
26180.
Each licensing authority shall establish a scale ofapplication, licensing, and renewalfees, based upon the cost ofenforcing this division, as follows:
(a) Each licensing authority shall charge each licensee a licensure and renewalfee, as applicable. The licensure and renewalfee shall be calculated to cover the costs ofadministering this division. The licensure fee may vary depending upon the varying costs associated with administering the various regulatory requirenients ofthis division as they relate to the nature and scope ofthe different licensure activities, including, but not limited to, the track and trace program required pursuant to Section 26170, but shall not exceed the reasonable regulatory costs to the licensing authority.
(b) The total fees assessed pursuant to this division shall be set at an amount that will fairly and proportionately generate sufficient total revenue to fully cover the total costs ofadministering
·this division.
(c) All license fees shall be set on a scaled basis by the licensing authority, dependent on the size ofthe business.
(d) The licensing authority shall deposit all fees collected in a fee account specific to that licensing authority, to be established in the Marijuana Control Fund. Moneys in the licensing authority fee accounts shall be used, upon appropriation by the Legislature, by the designated licensing authorityfor the administration ofthis division.
26181.
The State Water Resources Control Board, the Department o fFish and Wildlife, and other agencies may establish fees to cover the costs oftheir marijuana regulatory programs.
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Chapter19. AnnualReports;PerformanceAudit
26190.
Beginning on March 1, 2020, and on or before March 1 ofeach year thereafter, each licensing authority shall prepare and submit to the Legislature an annual report on the authority’s activities concerning commercial marijuana activities and post the report on the authority’s website. The report shall include, but not be limited to, the same type ofiriformation specified in Section 19353, and a detailed list ofthe petitionsfor regulatory reliefor rulemaking changes received by the officefrom licensees requesting modifications ofthe eriforcement ofrules under this division.
26191.
(aJ Commencing January 1, 2019, and by January 1 ofeach year thereafter, the Bureau ofState Audits shall conduct a performance audit ofthe bureau’s activities under this division, and shall report itsfindings to the bureau and the Legislature by July 1 ofthat same year. The report shall include, but not be limited to, the following:
(lJ The actual costs ofthe program.
(2J The overall effectiveness oferiforcementprograms.
(3J Any report submittedpursuant to this section shall be submitted in compliance with Section 9795 ofthe Government Code.
(bJ The Legislature shallprovide sufficientfunds to the Bureau ofState Audits to conduct the annual audit required by this section.
Chapter20. LocalControl
26200.
(aJ Nothing in this division shall be interpreted to supersede or limit the authority ofa local
jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to second hand smoke, or to completely prohibit the establishment or operation ofone or more types ofbusinesses licensed under this division within the local jurisdiction.
(bJ Nothing in this division shall be interpreted to require a licensing authority to undertake local law eriforcement responsibilities, enforce local zoning requirements, or enforce local licensing requirements.
(cJ A localjurisdiction shall notify the bureau upon revocation ofany local license, permit, or authorization for a licensee to engage in commercial marijuana activity within the local
jurisdiction. Within ten (IOJ days ofnotification, the bureau shall inform the relevant licensing authorities. Within ten (1OJ days ofbeing so informed by the bureau, the relevant licensing authorities shall commence proceedings under Chapter 3 o f this Division to determine whether a license issued to the licensee should be suspended or revoked.
(dJ Notwithstandingparagraph (lJ ofsubdivision (aJ ofSection 11362.3 ofthe Health andSafety Code, a localjurisdiction may allowfor the smoking, vaporizing, and ingesting ofmarijuana or marijuana products on the premises ofa retailer or microbusiness licensed under this division if: (1J Access to the area where marijuana consumption is allowed is restricted to persons 21 years ofage and older;
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(2) Marijuana consumption is not visible from any public place or non-age restricted area; and (3) Sale or consumption ofalcohol or tobacco is not allowed on the premises.
26201.
Any standards, requirements, and regulations regarding health and safety, environmental protection, testing, security, food safety, and worker protections established by the state shall be the minimum standardsfor all licensees under this division statewide. A localjurisdiction may establish additional standards, requirements, and regulations.
26202.
(a) A local jurisdiction may enforce this division and the regulations promulgated by the bureau or any licensing authority ifdelegated the power to do so by the bureau or a licensing authority. (b) The bureau or any licensing authority shall implement the delegation ofenforcenient authority in subdivision (a) through a memorandum ofunderstanding between the bureau or licensing authority and the localjurisdiction to which enforcement authority is to be delegated.
Chapter 21. Funding
26210.
(a) The Medical Marijuana Regulation and Safety Act Fund established in Section 19351 of Chapter 3. 5 o fDivision 8 is hereby renamed the Marijuana Control Fund.
(b) Upon the effective date o f this section, whenever “Medical Marijuana Regulation and Safety
Act Fund” appears in any statute, regulation, or contract, or in any other code, it shall be construed to refer to the Marijuana Control Fund.
26211.
(a) Funds for the initial establishment and support ofthe regulatory activities under this division, including the public information program described in subdivision (c), andfor the activities ofthe Board o.fEqualization under Part 14.5 ofDivision 2 ofthe Revenue and Taxation Code until July 1, 2017, or until the 2017 Budget Act is enacted, whichever occurs later, shall be advancedfrom the General Fund and shall be repaid by the initialproceedsfrom fees collected
pursuant to this division, any rule or regulation adopted pursuant to this division, or revenues collectedfrom the tax imposed by Sections 34011 and 34012 ofthe Revenue and Taxation Code, by January 1, 2025.
(I) 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 ofthis division, and to the Board ofEqualization, as necessary, to implement the provisions ofPart 14.5 ofDivision 2 ofthe Revenue and Taxation Code.
(2) Within 45 days ofthis section becoming operative:
(A) The Director ofFinance shall determine an amount ofthe initial advancefrom the General Fund to the Marijuana Control Fund that does not exceed thirty million dollars ($30,000,000); and
(B) There shall be advanced a sum offive million dollars ($5,000,000)from the General Fund to the Department o fHealth Care Services to provide for the public information program described in subdivision (c).
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(b) Notwithstanding subdivision (a), the Legislature shall provide sufficientfunds to the Marijuana Control Fund to support the activities ofthe bureau, state licensing authorities under this division, and the Board ofEqualization to support its activities under Part 14.5 ofDivision 2 ofthe Revenue and Taxation Code. It is anticipated that this funding will be provided annually beginning on July 1, 2017.
(c) The Department o fHealth Care Services shall establish and implement a public information program no later than September 1, 2017. This public information program shall, at a minimum, describe the provisions ofthe Control, Regulate, and Tax Adult Use ofMarijuana Act of2016, the scientific basis for restricting access ofmarijuana and marijuana products to persons under the age of21 years, describe the penaltiesfor providing access to marijuana and marijuana products to persons under the age of21 years, provide information regarding the dangers ofdriving a motor vehicle, boat, vessel, aircraft, or other vehicle usedfor transportation while impairedfrom marijuana use, the potential harms ofusing marijuana while pregnant or breastfeeding, and the potential harms ofoverusing marijuana or marijuana products.
Section 147.6 of the Labor Code is hereby added as follows:
147.6.
(a) By March 1, 2018, the Division ofOccupational Safety and Health shall convene an advisory committee to evaluate whether there is a need to develop industry-specific regulations related to the activities oflicensees under Division 10 ofthe Business and Professions Code, including but not limited to, whether specific requirements are needed to address exposure to second-hand marijuana smoke by employees atfacilities where on-site consumption ofmarijuana is permitted under subdivision (d) ofSection 26200 ofthe Business andProfessions Code, and whether specific requirements are needed to address the potential risks ofcombustion, inhalation, armed robberies or repetitive strain injuries.
(b) By October 1, 2018, the advisory committee shall present to the board its findings and recommendations for consideration by the board. By October 1, 2018, the board shall render a decision regarding the adoption ofindustry-specific regulations pursuant to this section.
Section 13276 of the Water Code is amended to read:
13276.
(a) The multiagency task force, the Department ofFish and Wildlife and State Water Resources Control Board pilot project to address the Environmental Impacts o f 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 ofadverse impacts ofmarijuana 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 commercial marijuana cultivation under Division 10 ofthe Business and Profession Code and associated activities, including by adopting a general pennit, 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 ofthe following:
(1) Site development and maintenance, erosion control, and drainage features.
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(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.
SECTION 7. MARIJUANA TAX.
Part 14.5 (commencing with Section 34010) is added to Division 2 ofthe Revenue and Taxation Code, to read:
Part 14.5. Marijuana Tax
34010.
For purposes ofthis part:
(a) “Board” shall mean the Board ofEqualization or its successor agency.
(b) “Bureau” shall mean the Bureau ofMarijuana Control within the Department ofConsumer Affairs.
(c) “Tax Fund” means the California Marijuana Tax Fund created by Section 34018.
(d) “Marijuana” shall have the same meaning as setforth in Section 11018 ofthe Health and Safety Code and shall also mean medical cannabis.
(e) “Marijuana products” shall have the same meaning as setforth in Section 11018.1 ofthe Health and Safety Code and shall also mean medical concentrates and medical cannabis products.
(/) “Marijuanaflowers”shallmeanthedriedflowersofthemarijuanaplantasdefinedbythe Board.
(g) “Marijuana leaves” shall mean allparts ofthe marijuana plant other than marijuanaflowers that are sold or consumed.
(h) “Gross receipts” shall have the same meaning as setforth in Section 6012.
(i) “Retail sale” shall have the same meaning as setforth in Section 6007.
0) “Person” shall have the same meaning as setfor in section 6005.
(k) “Microbusiness” shall have the same meaning as setfor in Section 26070(a)(3) ofthe Business and Professions Code.
(l) “Nonprofit” shall have the same meaning as setfor in Section 26070.5 ofthe Business and Professions Code.
34011.
(a) Effective January 1, 2018, a marijuana excise tax shall be imposed upon purchasers of marijuana or marijuana products sold in this state at the rate offifteen percent (15%) ofthe gross receipts ofany retail sale by a dispensary or otherperson required to be licensedpursuant to Chapter 3.5 ofDivision 8 ofthe Business and Professions Code or a retailer, microbusiness,
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nonprofit, or otherperson required to be licensedpursuant to Division 10 ofthe Business and Professions Code to sell marijuana and marijuanaproducts directly to a purchaser.
(b) Except as otherwise provided by regulation, the tax levied under this section shall apply to thefull price, ifnon-itemized, ofany transaction involving both marijuana or marijuana products and any other otherwise distinct and identifiable goods or services, and the price ofany goods or services, ifa reduction in the price ofmarijuana or marijuana products is contingent on purchase ofthose goods or services.
(c) A dispensary or otherperson required to be licensedpursuant to Chapter 3.5 ofDivision 8 of the Business and Professions Code or a retailer, microbusiness, nonprofit, or other person required to be licensedpursuant to Division 10 ofthe Business and Professions Code shall be responsible for collecting this tax and remitting it to the board in accordance with rules and
procedures established under law and any regulations adopted by the board.
(d) The excise tax imposed by this section shall be in addition to the sales and use tax imposed by the state and local governments.
(e) Grossreceiptsfrom thesaleofmarijuanaormarijuanaproductsforpurposesofassessing the sales and use tax under Part 1 ofthis division shall include the tax leviedpursuant to this section.
(!) No marijuana or marijuana products may be sold to a purchaser unless the excise tax required by law has been paid by the purchaser at the time ofsale.
(g) The sales and use tax imposed by Part 1 ofthis division shall not apply to retail sales of medical cannabis, medical cannabis concentrate, edible medical cannabis products or topical cannabis as those terms are defined in Chapter 3.5 ofDivision 8 ofthe Business and Professions Code when a qualifiedpatient (or primary caregiverfor a qualifiedpatient) provides his or her card issued under Section 11362. 71 ofthe Health and Safety Code and a valid government- issued identification card.
34012.
(a) Effective January 1, 2018, there is hereby imposed a cultivation tax on all harvested
marijuana that enters the commercial market upon all persons required to be licensed to cultivate marijuana pursuant to Chapter 3.5 ofDivision 8 ofthe Business and Professions Code or Division 10 ofthe Business and Professions Code. The tax shall be due after the marijuana is harvested.
(1) The tax for marijuana flowers shall be nine dollars and twenty five cents ($9.25) per dry- weight ounce.
(2) The tax for marijuana leaves shall be set at two dollars and seventy jive cents ($2. 75) per dry-weight ounce.
(b) The board may adjust the tax rate for marijuana leaves annually to reflectfluctuations in the relative price ofmarijuanaflowers to marijuana leaves.
(c) The board mayfrom time to time establish other categories ofharvested marijuana, categories for unprocessed or frozen marijuana or immature plants, or marijuana that is shipped directly to manefacturers. These categories shall be taxed at their relative value compared with marijuana flowers.
(d) The board may prescribe by regulation a method and mannerfor payment ofthe cultivation tax that utilizes tax stamps or state-issuedproduct bags that indicate that all required tax has been paid on the product to which the tax stamp is affixed or in which the marijuana is packaged.
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(e) The tax stamps andproduct bags shall be ofthe designs, specifications and denominations as may be prescribed by the board and may be purchased by any licensee under Chapter 3.5 of Division 8 ofthe Business and Professions Code or under Division 10 ofthe Business and Professions Code.
(!) Subsequent to the establishment ofa tax stamp program, the board may by regulation provide that no niarijuana may be removedfrom a licensed cultivationfacility or transported on apublic highway unless in a state-issuedproduct bag bearing a tax stamp in the proper denomination. (g) The tax stamps andproduct bags shall be capable ofbeing read by a scanning or similar device and must be traceable utilizing the track and trace system pursuant to Section 26170 o f the Business and Professions Code.
(h) Persons required to be licensed to cultivate marijuana pursuant to Chapter 3. 5 o fDivision 8 ofthe Business and Professions Code or Division 10 ofthe Business and Professions Code shall beresponsibleforpaymentofthetaxpursuanttoregulationsadoptedbytheboard. No marijuana may be sold unless the tax has been paid as provided in this part.
(i) All marijuana removedfrom a cultivator’s premises, exceptfor plant waste, shall be presumed to be sold and thereby taxable under this section.
(j) The tax imposed by this section shall be imposed on all marijuana cultivated in the state pursuant to rules and regulations promulgated by the board, but shall not apply to marijuana
cultiva.tedfor personal use under Section 11362.1 ofthe Health and Safety Code or cultivated by a qualified patient or primary caregiver in accordance with the Compassionate Use Act.
(k) Beginning January 1, 2020, the rates setforth in subdivisions (a), (b), and (c) shall be adjusted by the board annually thereafterfor inflation.
34013.
(a) The board shall administer and collect the taxes imposed by this part pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) ofDivision 2 ofthe Revenue and Taxation Code). For purposes ofthis part, the references in the Fee Collection Procedures Law to “fee” shall include the tax imposed by this part, and references to ”feepayer” shall include a person required to pay or collect the tax imposed by this part.
(b) The board may prescribe, adopt, and enforce regulations relating to the administration and enforcement ofthis part, including, but not limited to, collections, reporting, refunds, and appeals. .
·(c) The board shall adopt necessary rules and regulations to administer the taxes in this part. Such rules and regulations may include methods or procedures to tag marijuana or marijuana
products, or the packages thereof, to designate prior tax payment.
(d) The board may prescribe, adopt, and enforce any emergency regulations as necessary to implement, administer and enforce its duties under this division. Any emergency regulation
prescribed, adopted, or enforcedpursuant to this section shall be adopted in accordance with Chapter 3.5 (commencing with section 11340) ofPart 1 ofDivision 3 ofTitle 2 ofthe GovernmentCode, and,forpurposesofthatchapter, includingSection 11349.6ofthe Government Code, the adoption ofthe regulation is an emergency and shall be considered by the Office ofAdministrative Law as necessaryfor the immediate preservation ofthe publicpeace, health and safety, and general welfare. Notwithstanding any otherprovision oflaw, the emergency regulations adopted by the board may remain in effectfor two yearsjj,om adoption. (e) Any person who fails to pay the taxes imposed under this part shall, in addition to owing the taxes notpaid, be subject to apenalty ofat least one-halfthe amount ofthe taxes notpaid, and
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shall be subject to having its license revokedpursuant to Section 26031 ofthe Business and Professions Code orpursuant to Chapter 3.5 ofDivision 8 ofthe Business andProfessions Code. (/) The board may bring such legal actions as are necessary to collect any deficiency in the tax required to be paid, and, upon the board’s request, the Attorney General shall bring the actions.
34014.
(a) Allpersons required to be licensed involved in the cultivation and retail sale ofmarijuana or marijuanaproducts must obtain a separatepermitfrom the boardpursuant to regulations adoptedbytheboard. Nofeeshallbechargedtoanypersonforissuanceofthepermit.Any
person required to obtain a permit who engages in business as a cultivator, dispensary, retailer, microbusiness or nonprofitpursuant to Chapter 3.5 ofDivision 8 ofthe Business and Professions Code or Division 10 ofthe Business and Professions Code without apermit or after a permit has been canceled, suspended, or revoked, and each officer ofany corporation which so engages in business, is guilty ofa misdemeanor.
(b) The board may require every licensed dispensary, cultivator, microbusiness, nonprofit, or other person required to be licensed, to provide security to cover the liability for taxes imposed by state law on marijuana produced or received by the cultivator, microbusiness, nonprofit, or other person required to be licensed in accordance with procedures to be established by the board. Notwithstanding anything herein to the contrary, the board may waive any security requirement it imposes for good cause, as determined by the board. “Good cause” includes, but is not limited to, the inability ofa cultivator, microbusiness, nonprofit, or other person required to be licensed to obtain security due to a lack o fservice providers or the policies o fservice
providers that prohibit service to a marijuana business. A person may not commence or continue any business or operation relating to marijuana cultivation until any surety required by the board with respect to the business or operation have been properly prepared, executed and submitted under this part.
(c) In fixing the amount ofany security required by the board, the board shall give consideration to thefinancial hardship that may be imposed on licensees as a result ofany shortage of available surety providers.
34015.
(a)The marijuana excise tax and cultivation tax imposed by this part is due andpayable to the board quarterly on or before the last day ofthe monthfollowing each quarterly period ofthree months. On or before the last day ofthe monthfollowing each quarterlyperiod, a returnfor the
preceding quarterly period shall be filed with the board by each person required to be licensed for cultivation or retail sale under Divisions 8 or 10 ofthe Business and Professions Code using
electronic media. Returns shall be authenticated in a form or pursuant to methods as may be prescribed by the board. Ifthe cultivation tax is paid by stamp pursuant to section 34012(d) the
board may by regulation determine when and how the tax shall be paid.
(b) The board may require every person engaged in the cultivation, distribution or retail sale o f marijuana and marijuana products required to be licensed pursuant to Chapter 3.5 o fDivision 8 ofthe Business or Professions Code or Division 10 ofthe Business and Professions Code to file, on or before the 25th day ofeach month, a report using electronic media respecting the person’s inventory, purchases, and sales during the preceding month and any other information as the boardmayrequiretocarryoutthepurposesofthispart. Reportsshallbeauthenticatedina
form or pursuant to methods as may be prescribed by the board.
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34016.
(a) Any peace officer, or board employee granted limited peace officer status pursuant to
paragraph (6) ofsubdivision (a) ofSection 830.11 ofthe Penal Code, upon presenting appropriate credentials, is authorized to enter any place as described in paragraph (3) and to conduct inspections in accordance with the following paragraphs, inclusive.
(1) Inspections shall be performed in a reasonable manner and at times that are reasonable under the circumstances, taking into consideration the normal business hours ofthe place to be entered.
(2) Inspections may be at any place at which marijuana or marijuana products are sold to
purchasers, cultivated, or stored, or at any site where evidence ofactivities involving evasion of tax may be discovered.
(3) Inspections shall be requested or conducted no more than once in a 24-hour period.
(b) Any person who fails or refuses to allow an inspection shall be subject to a misdemeanor. Each offense shall be punished by a fine not to exceedfive thousand dollars ($5, 000), or imprisonment not exceeding one year in a county jail, or both the fine and imprisonment. The court shall order any fines assessed be deposited in the California Marijuana Tax Fund.
(c) Upon discovery by the board or a law enforcement agency that a licensee or any other person possesses, stores, owns, or has made a retail sale ofmarijuana or marijuana products,
withoutevidenceoftaxpaymentornotcontainedinsecurepackaging, theboardorthelaw enforcementagencyshallbeauthorizedtoseizethemarijuanaormarijuanaproducts. Any marijuana or marijuana products seized by a law enforcement agency or the board shall within seven days be deemedforfeited and the board shall comply with the procedures setforth in Sections 30436 through 30449, inclusive.
(d) Anyperson who renders afalse orfraudulent report is guilty ofa misdemeanor andsubject to afine not to exceed one thousand dollars ($1,000)for each offense.
(e) Any violation ofany provisions ofthis part, except as otherwise provided, is a misdemeanor and is punishable as such.
(!) All moneys remitted to the board under this part shall be credited to the California Marijuana Tax Fund.
34017.
The Legislative Analyst’s Office shall submit a report to the Legislature by January 1, 2020, with recommendations to the Legislaturefor adjustments to the tax rate to achieve the goals of undercutting illicit marketprices and discouraging use bypersons younger than 21 years ofage while ensuring sufficient revenues are generatedfor the programs identified in Section 34019.
34018.
(a) The California Marijuana Tax Fund is hereby created in the State Treasury. The Tax Fund sh_all consist ofall taxes, interest, penalties, and other amounts collected andpaid to the board
pursuant to this part, less payment ofrefunds.
(b) Notwithstanding any other law, the California Marijuana Tax Fund is a special trustfund established solely to carry out the purposes ofthe Control, Regulate and Tax Adult Use of Marijuana Act and all revenues deposited into the Tax Fund, together with interest or dividends earned by the fund, are hereby continuously appropriatedfor the purposes ofthe Control,
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Regulate and Tax Adult Use ofMarijuana Act without regard to fiscal year and shall be expended only in accordance with the provisions ofthis part and its purposes.
(c) Notwithstanding any other law, the taxes imposed by this part and the revenue derived therefrom, including investment interest, shall not be considered to be part ofthe General Fund, as that term is used in Chapter 1 (commencing with section 16300) ofPart 2 ofDivision 4 ofthe Government Code, shall not be considered General Fund revenue for purposes ofSection 8 of Article XVI ofthe California Constitution and its implementing statutes, and shall not be considered “moneys”forpurposes ofsubdivisions (a) and (b) ofSection 8 ofArticleXVIofthe California Constitution and its implementing statutes.
34019.
(a) Beginning with fiscal year 2017-2018 the Department o fFinance shall estimate revenues to be receivedpursuant to sections 34011 and 34012 andprovide those estimates to the Controller no later than June 15 ofeach year. The Controller shall use these estimates when disbursing
funds pursuant to this section. Before any funds are disbursed pursuant to subdivisions (b), (c), (d), and (e) ofthis section the Controller shall disburse from the Tax Fund to the appropriate account, without regard to fiscal year, the following:
(1) Reasonable costs incurred by the boardfor administering and collecting the taxes imposed by this part; provided, however; such costs shall not exceedfour percent (4%) oftax revenues received.
(2) Reasonable costs incurred by the Bureau, the Department o f Consumer Affairs, the Department o fFood and Agriculture, and the Department o fPublic Health for implementing, administering, and enforcing Chapter 3.5 o fDivision 8 o f the Business and Professions Code and Division 10 o f the Business and Professions Code to the extent those costs are not reimbursedpursuant to Section 26180 ofthe Business and Professions Code orpursuant to Chapter 3.5 o fDivision 8 o f the Business and Professions Code. This paragraph shall remain operative through fiscal year 2022-2023.
(3) Reasonable costs incurred by the Department ofFish and Wildlife, the State Water Resources Control Board, and the Department o fPesticide Regulation for carrying out their respective duties under Chapter 3.5 ofDivision 8 ofthe Business and Professions Code or Division 10 of the Business and Professions Code to the extent those costs are not otherwise reimbursed.
(4) Reasonable costs incurred by the Controller for performing duties imposed by the Control, Regulate and Tax Adult Use ofMarijuana Act, including the audit required by Section 34020.
(5) Reasonable costs incurred by the State Auditor for conducting the performance audit pursuant to Section 26191 o f the Business and Professions Code.
(6) Reasonable costs incurred by the Legislative Analyst’s Office for performing duties imposed by Section 34017.
(7) Sufficient funds to reimburse the Division o fLabor Standards Enforcement and Occupational Safety and Health within the Department o fIndustrial Relations and the Employment Development Departmentfor the costs ofapplying and enforcing state labor laws to licensees under Chapter 3.5 ofDivision 8 ofthe Business andProfessions Code andDivision 10 ofthe Business and Professions Code.
(b) The Controller shall next disburse the sum o f ten million dollars ($10, 000, 000) to a public university or universities in California annually beginning with fiscal year 2018-2019 untilfiscal year 2028-2029 to research and evaluate the implementation and effect ofthe Control, Regulate and Tax Adult Use ofMarijuana Act, and shall, ifappropriate, make recommendations to the
46
Legislature and Governor regarding possible amendments to the Control, Regulate and Tax Adult Use ofMarijuana Act. The recipients ofthesefunds shallpublish reports on theirfindings at a minimum ofevery two years and shall make the reports available to the public. The Bureau shall select the universities to be funded. The research funded pursuant to this subdivision shall include but not necessarily be limited to:
(1) Impacts on public health, including health costs associated with marijuana use, as well as whether marijuana use is associated with an increase or decrease in use ofalcohol or other drugs.
(2) The impact oftreatmentfor maladaptive marijuana use and the effectiveness ofdifferent treatment programs.
(3) Public safety issues related to marijuana use, including studying the effectiveness ofthe packaging and labeling requirements and advertising and marketing restrictions contained in
the Act atpreventing underage access to and use ofmarijuana and marijuanaproducts, and studying the health-related effects among users ofvaryingpotency levels ofmarijuana and marijuana products.
(4) Marijuana use rates, maladaptive use rates for adults and youth, and diagnosis rates o f marijuana-related substance use disorders.
(5) Marijuana market prices, illicit market prices, tax structures and rates, including an evaluation ofhow to best tax marijuana based on potency, and the structure andfunction of licensed marijuana businesses.
(6) Whether additional protections are needed to prevent unlawful monopolies or anti- competitive behaviorfrom occurring in the nonmedical marijuana industry and, ifso, recommendations as to the most effective measures for preventing such behavior.
(7) The economic impacts in the private and public sectors, including but not necessarily limited to, job creation, workplace safety, revenues, taxes generatedfor state and local budgets, and criminaljustice impacts, including, but not necessarily limited to, impacts on law enforcement andpublic resources, short and long term consequences ofinvolvement in the criminaljustice system, and state and local government agency administrative costs and revenue.
(8) Whether the regulatory agencies tasked with implementing and enforcing the Control, Regulate and Tax Adult Use ofMarijuana Act are doing so consistent with the purposes ofthe Act, and whether different agencies might do so more effectively. (9) Environmental issues related to marijuana production and the criminalprohibition ofmarijuana production.
(10) The geographic location, structure, andfunction oflicensed marijuana businesses, and demographic data, including race, ethnicity, and gender, oflicense holders.
(11) The outcomes achieved by the changes in criminal penalties made under the Control, Regulate, and Tax Adult Use ofMarijuana Actfor marijuana-related offenses, and the outcomes ofthejuvenilejusticesystem, inparticular,probation-basedtreatmentsandthefrequency ofup- charging illegalpossession ofmarijuana or marijuanaproducts to a more serious offense.
(c) The Controller shall next disburse the sum ofthree million dollars ($3, 000, 000) annually to the Department ofthe California Highway Patrol beginningfiscal year 2018-2019 untilfiscal year 2022-2023 to establish and adopt protocols to determine whether a driver is operating a vehicle while impaired, including impairment by the use ofmarijuana or marijuana products, and to establish and adoptprotocols settingforth bestpractices to assist law enforcement agencies. The department may hire personnel to establish the protocols specified in this subdivision. Inaddition,thedepartmentmaymakegrantstopublicandprivateresearch
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institutionsfor the purpose ofdeveloping technologyfor determining when a driver is operating a vehicle while impaired, including impairment by the use ofmarijuana or marijuana products. (d) The Controller shall next disburse the sum o f ten million dollars ($10, 000, 000) beginning
fiscal year 2018-2019 and increasing ten million dollars ($10, 000, 000) each fiscal year thereafter untilfiscal year 2022-2023, at which time the disbursement shall befifty million dollars($50,000,000)eachyearthereafter, totheGovernor’sOfficeofBusinessandEconomic Development, in consultation with the Labor and Workforce Development Agency and the Department ofSocial Services, to administer a Community Reinvestments grants program to local health departments and at leastfifty-percent to qualified community-based nonprofit organizations to supportjob placement, mental health treatment, substance use disorder treatment, system navigation services, legal services to address barriers to reentry, and linkages to medical care for communities disproportionately affected by past federal and state drug
policies. The Office shall solicit inputfrom community-basedjob skills, job placement, and legal service providers with relevant expertise as to the administration ofthe grants program. In addition, the Office shall periodically evaluate the programs it is funding to determine the effectiveness ofthe programs, shall not spend more than four percent (4%) for administrative costs related to implementation, evaluation and oversight ofthe programs, and shall award grants annually, beginning no later than January 1, 2020.
(e) The Controller shall next disburse the sum oftwo million dollars ($2, 000, 000) annually to the University ofCalifornia San Diego Centerfor Medicinal Cannabis Research tofurther the objectives ofthe Center including the enhanced understanding ofthe efficacy and adverse effects o f marijuana as a pharmacological agent.
(!) By July 15 ofeach fiscal year beginning in fiscal year 2018-2019, the Controller shall, after disbursing funds pursuant to subdivisions (a), (b), (c), (d), and (e), disburse funds deposited in the Tax Fund during the prior fiscal year into sub-trust accounts, which are hereby created, as
follows:
(1) Sixty percent (60%) shall be deposited in the Youth Education, Prevention, Early Intervention and Treatment Account, and disbursed by the Controller to the Department of Health Care Services for programs for youth that are designed to educate about and to prevent substance use disorders and to prevent harmfrom substance use. The Department ofHealth Care services shall enter into inter-agency agreements with the Department ofPublic Health and the Department ofEducation to implement and administer these programs. The programs shall emphasize accurate education, effective prevention, early intervention, school retention, and timely treatment services for youth, their families and caregivers. The programs may include, but are not limited to, the following components:
(A) Prevention and early intervention services including outreach, risk survey and education to
youth, families, caregivers, schools, primary care health providers, behavioral health and substance use disorder service providers, community andfaith-based organizations, foster care providers, juvenile andfamily courts, and others to recognize and reduce risks related to substance use, and the early signs o fproblematic use and o fsubstance use disorders.
(BJ Grants to schools to develop and support Student Assistance Programs, or other similar programs, designed to prevent and reduce substance use, and improve school retention and performance, by supporting students who are at risk ofdropping out ofschool andpromoting
alternatives to suspension or expulsion thatfocus on school retention, remediation, and professional care. Schools with higher than average dropout rates should be prioritizedfor grants.
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(CJ Grantstoprogramsforoutreach,educationandtreatmentforhomelessyouthandout-of- school youth with substance use disorders.
(D) Access and linkage to care provided by county behavioral health programs for youth, and theirfamilies and caregivers, who have a substance use disorder or who are at riskfor developing a substance use disorder.
(E) Youth-focused substance use disorder treatment programs that are culturally and gender
competent, trauma-informed, evidence-based andprovide a continuum ofcare that includes
, screening and assessment (substance use disorder as well as mental health), early intervention,
active treatment, family involvement, case management, overdose prevention, prevention o f communicable diseases related to substance use, relapse managementfor substance use and other co-occurring behavioral health disorders, vocational services, literacy services, parenting classes, family therapy and counseling services, medication-assisted treatments, psychiatric medication and psychotherapy. When indicated, referrals must be made to other providers.
(F) To the extent permitted by law and where indicated, interventions shall utilize a two- generation approach to addressing substance use disorders with the capacity to treat youth and adults together. This would include supporting the development offamily-based interventions that address substance use disorders and related problems within the context o ffamilies, including parents, foster parents, caregivers and all their children.
(G) Programs to assist individuals, as well asfamilies andfriends ofdrug usingyoungpeople, to reduce the stigma associated with substance use including being diagnosed with a substance use disorder or seeking substance use disorder services. This includes peer-run outreach and education to reduce stigma, anti-stigma campaigns, and community recovery networks.
(HJ Workforce training and wage structures that increase the hiringpool ofbehavioral health staffwith substance use disorder prevention and treatment expertise. Provide ongoing education and coaching that increases substance use treatment providers ‘ core competencies and trains providers on promising and evidenced-basedpractices.
(I) Construction ofcommunity-basedyouth treatmentfacilities.
(J) The departments may contract with each county behavioral health program for the provision ofservices.
(K) Fund~ shall be allocated to counties based on demonstrated need, including the number of youth in the county, the prevalence ofsubstance use disorders among adults, and confirmed through statistical data, validated assessments or submitted reports prepared by the applicable county to demonstrate and validate need.
(L) The departments shall periodically evaluate the programs they are funding to determine the effectiveness ofthe programs.
(M) The departments may use up to four percent (4%) ofthe moneys allocated to the Youth Education, Prevention, Early Intervention and Treatment Accountfor administrative costs related to implementation, evaluation and oversight ofthe programs.
(NJ Ifthe Department ofFinance ever determines thatfunding pursuant to marijuana taxation exceeds demandfor youth prevention and treatment services in the state, the departments shall provide a plan to the Department ofFinance to provide treatment services to adults as well as youth using these funds.
(OJ The departments shall solicit inputfrom volunteer health organizations, physicians who treat addiction, treatment researchers, family therapy and counseling providers, and professional education associations with relevant expertise as to the administration ofany grants made pursuant to this paragraph.
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(2J Twenty percent (20%J shall be deposited in the Environmental Restoration and Protection Account, and disbursed by the Controller as follows:
(AJ To the Department o fFish and Wildlife and the Department o fParks and Recreation for the cleanup, remediation, and restoration ofenvironmental damage in watersheds affected by marijuana cultivation and related activities including, but not limited to, damage that occurred
prior to enactment o f this part, and to support local partnerships for this purpose. The Department ofFish and Wildlife and the Department ofParks and Recreation may distribute a portionofthefunds theyreceivefrom theEnvironmentalRestorationandProtectionAccount through grants for purposes specified in this paragraph.
(BJ To the Department o fFish and Wildlife and the Department o fParks and Recreation for the stewardship and operation ofstate-owned wildlife habitat areas and state park units in a manner that discourages andprevents the illegal cultivation, production, sale and use ofmarijuana and marijuana products on public lands, and to facilitate the investigation, enforcement and prosecution ofillegal cultivation, production, sale, and use ofmarijuana or 1narijuana products on public lands.
(CJ To the Department o fFish and Wildlife to assist in funding the watershed enforcement program and multiagency taskforce establishedpursuant to subdivisions (bJ and (cJ ofSection 12029 ofthe Fish and Game Code to facilitate the investigation, enforcement, andprosecution of these offenses and to ensure the reduction ofadverse impacts ofmarijuana cultivation, production, sale, and use on fish and wildlife habitats throughout the state.
(DJ For purposes ofthis paragraph, the Secretary ofthe Natural Resources Agency shall determ,ine the allocation ofrevenues between the departments. During thefirstfive years of implementation, first consideration should be given to funding purposes specified in subparagraph (AJ.
(EJ Funds allocated pursuant to this paragraph shall be used to increase and enhance activities described in subparagraphs (AJ, (BJ, and (CJ, and not replace allocation ofotherfundingfor these purposes. Accordingly, annual General Fund appropriations to the Department ofFish
and Wildlife and the Department ofParks and Recreation shall not be reduced below the levels provided in the Budget Act of2014 (Chapter 25 ofStatutes of2014J.
(3J Twenty percent (20%J shall be deposited into the State and Local Government Law Enforcement Account and disbursed by the Controller as follows:
(AJ To the Department ofthe California Highway Patrolfor conducting trainingprogramsfor detecting, testing and enforcing laws against driving under the influence ofalcohol and other drugs, including driving under the influence ofmarijuana. The Department may hirepersonnel to conduct the training programs specified in this subparagraph.
(BJ To the Department o f the California Highway Patrol to fund internal California Highway Patrol programs and grants to qualified nonprofit organizations and local governments for education, prevention and enforcement oflaws related to driving under the influence ofalcohol and other drugs, including marijuana; programs that help enforce traffic laws, educate the public in traffic safety, provide varied and effective means ofreducingfatalities, injuries and economic losses from collisions; andfor the purchase ofequipment related to enforcement of laws related to driving under the influence ofalcohol and other drugs, including marijuana.
(CJ To the Board o fState and Community Corrections for making grants to local governments to assist with law enforcement, fire protection, or other local programs addressing public health and safety associated with the implementation ofthe Control, Regulate and Tax Adult Use of Marijuana Act. The Board shall not make any grants to local governments which have banned
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the cultivation, including personal cultivation under Section l l 362.2(b)(3J o f the Health and Safety Code, or retail sale ofmarijuana or marijuana products pursuant to Section 26200 ofthe Business and Professions Code or as otherwise provided by law.
(DJ For purposes o f this paragraph the Department o fFinance shall determine the allocation o f revenues between the agencies; provided, however, beginning in fiscal year 2022-2023 the amount allocated pursuant to subparagraph (AJ shall not be less than ten million dollars
($10, 000, OOOJ annually and the amount allocated pursuant to subparagraph (BJ shall not be less than forty million dollars ($40, 000, OOOJ annually. In determining the amount to be allocated before fiscal year 2022-2023 pursuant to this paragraph, the Department o fFinance shall give initial priority to subparagraph (A).
(gJ Funds allocated pursuant to subdivision (!) shall be used to increase the funding o fprograms andpurposes identified and shall not be used to replace allocation ofotherfundingfor these
purposes.
(hJ Effective July 1, 2028, the Legislature may amend this section by majority vote to further the
purposes ofthe Control, Regulate and Tax Adult Use ofMarijuana Act, including allocating funds to programs other than those specified in subdivisions (dJ and (!) ofthis section. Any
revisions pursuant to this subdivision shall not result in a reduction offunds to accounts establishedpursuant to subdivisions (dJ and(!) in any subsequentyearfrom the amount allocated to each account in fiscal year 2027-2028. Prior to July 1, 2028, the Legislature may not change the allocations to programs specified in subdivisions (dJ and(!) ofthis section.
34020.
The Controller shall periodically audit the Tax Fund to ensure that those funds are used and accountedfor in a manner consistent with this part and as otherwise required by law.
34021.
(aJ The taxes imposed by this Part shall be in addition to any other tax imposed by a city, county, or city and county.
34021.5
(aJ (lJ A county may impose a tax on the privilege ofcultivating, manufacturing, producing,
processing, preparing, storing, providing, donating, selling, or distributing marijuana or
m a r i j u a n a p r o d u c t s b y a l i c e n s e e o p e r a t i n g u n d e r C h a p t e r 3. 5 o f D i v i s i o n 8 o f t h e B u s i n e s s a n d Professions Code or Division 10 o f the Business and Professions Code.
(2J The board ofsupervisors shall specify in the ordinance proposing the tax the activities subject to the tax, the applicable rate or rates, the method ofapportionment, ifnecessary, and the manner ofcollection ofthe tax. The tax may be imposedfor general governmentalpurposes orfor purposes specified in the ordinance by the board ofsupervisors.
(3J In addition to any other method ofcollection authorized by law, the board ofsupervisors mayprovidefor the collection ofthe tax imposedpursuant to this section in the same manner, andsubjecttothesamepenaltiesandpriorityoflien, asotherchargesandtaxesfixedand collected by the county. A tax imposed pursuant to this section is a tax and not a fee or special assessment. The board ofsupervisors shall specify whether the tax applies throughout the entire county or within the unincorporated area ofthe county.
(4J The tax authorized by this section may be imposed upon any or all ofthe activities setforth in paragraph (lJ, as specified in the ordinance, regardless ofwhether the activity is undertaken
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individually, collectively, or cooperatively, and regardless ofwhether the activity isfor compensation or gratuitous, as determined by the board o fsupervisors.
(b) A tax imposed pursuant to this section shall be subject to applicable voter approval requirements imposed by law.
(c) This section is declaratory ofexisting law and does not limit orprohibit the levy or collection ofany otherfee, charge, or tax, or a license or servicefee or charge upon, or related to, the activities setforth in subdivision (a) as otherwise provided by law. This section shall not be construed as a limitation upon the taxing authority ofa county as provided by law.
(d) This section shall not be construed to authorize a county to impose a sales or use tax in addition to the sales and use tax imposed under an ordinance conforming to the provisions of Sections 7202 and 7203 ofthe Revenue and Taxation Code.
SECTION 8. CRIMINAL OFFENSES, RECORDS, AND RESENTENCING. Sections 11357, 11358, 11359, 11360 and 11361.5 of the Health and Safety Code are
amended, and Sections 11361.1 and 11361.8 are added to read as follows:
11357. Possession
(a) Except as authorized by lav,r, every person vmo possesses any concentrated cannabis shall be punished by imprisomnent in the county jail for a period of not more than one year or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Gode if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (G) of paragraph (2) of subdivision (e) of Section 667 of the Penal Gode or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Gode.
(ea) Except as authorized by law, every person 1vvho possessesion ofnot more than 28.5 grams of marijuana, other than or not more than four grams ofconcentrated cannabis, is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100). or both, shall be
punished or adjudicated as follows:
(1) Persons under the age of18 shall be guilty ofan infraction and shall be required to:
(A) Upon afinding that afirst offense has been committed, completefour hours ofdrug education or counseling and up to 10 hours ofcommunity service over a period not to exceed 60 days.
(B) Upon a finding that a second offense or subsequent offense has been committed, complete six hours ofdrug education or counseling and up to 20 hours ofcommunity service over a period not to exceed 90 days.
(2) Persons at least 18 years ofage but less than 21 years ofage shall be guilty ofan infraction andpunishable by afine ofnot more than one hundred dollars ($100).
(eh) Except as authorized by law, every person vmo possessesion ofmore than 28.5 grams of marijuana, or more than four grams ofother than concentrated cannabis, shall be punished as
follows:
(1) Persons under the age of18 who possess more than 28.5 grams ofmarijuana or more than
four grams ofconcentrated cannabis, or both, shall be guilty ofan infraction and shall be required to:
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(A) Upon afinding that afirst offense has been committed, complete eight hours ofdrug education or counseling and up to 40 hours ofcommunity service over a period not to exceed 90 days.
(B) Upon a finding that a second or subsequent offense has been committed, complete 10 hours ofdrug education or counseling and up to .60 hours ofcommunity service over a period not to exceed 120 days.
(2) Persons 18 years ofage or over who possess more than 28.5 grams ofmarijuana, or more thanfourgramsofconcentratedcannabis, orboth, shallbepunishedbyimprisomnentina county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisomnent.
(de) Except as authorized by law, every person 18 years of age or over who possesses not more than 28.5 grams ofmarijuana, or not more than four grams ofother than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be punished by-a as follows:
(1) A fine ofnot more than two hundredfifty dollars ($250), upon afinding that afirst offense has been committed.
(2) A fine of not more than five hundred dollars ($500), or by imprisonment in a county jail for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed.
(ed) Except as authorized by law, every person under the age of 18 who possesses not more than 28.5 grams ofmarijuana, or not more thanfour grams ofother than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of-a misdemeanor an infraction and shall be punished in the same manner provided in paragraph (1) ofsubdivision (b) ofthis section. subject to the following dispositions:
(1) ,A,. fine ofnot more than t,-,;v:o hundred fifty dollars ($250), upon a finding that a first offense has been c01m11itted.
( 2 ) , A. _ f i n e o f n o t m o r e t h a n f i v e h u n d r e d d o l l a r s ( $ 5 0 0 ) , o r c o m m i t m e n t t o a j u v e n i l e h a l l , r a n c h , camp, forestry camp, or secure juvenile home for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed.
11358. Planting, harvesting, or processing
Every person who plants, cultivates, harvests, dries, or processes any marijuana plants, or any part thereof, except as otherwise provided by law, shall be punished as follows:
(a) Everyperson under the age of18whoplants, cultivates, harvests, dries, orprocesses any marijuanaplantsshallbepunishedinthesamemannerprovidedinparagraph(1) ofsubdivision (b) ofsection 11357.
(b) Every person at least 18 years ofage but less than 21 years ofage who plants, cultivates, harvests, dries, or processes not more than six living marijuana plants shall be guilty ofan infraction and afine ofnot more than one hundred dollars ($100).
(c) Everyperson 18years ofage or over whoplants, cultivates, harvests, dries, orprocesses more than six living marijuana plants shall be punished by imprisonment in a county jail for a
period ofnot more than six months or by afine ofnot more thanfive hundred dollars ($500), or by both such fine and imprisonment.
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(d) Not:withstanding subdivision (c), a person 18 years ofage or over who plants, cultivates, harvests, dries, or processes more than six living marijuana plants, or any part thereof, except as otherwise provided by law, shall may be punished by imprisom11ent pursuant to subdivision (h) ofSection 1170 ofthe Penal Code if:
(1) the person has one or more prior convictions for an offense specified in clause (iv) o f subparagraph (C) ofparagraph (2) ofsubdivision (e) ofSection 667 ofthe Penal Code orfor an offense requiring registration pursuant to subdivision (c) ofSection 290 ofthe Penal Code;
(2) the person has t:wo or more prior convictions under subdivision (c); or
(3) the offense resulted in any ofthe following:
(A) violation ofSection 1052 ofthe Water Code relating to illegal diversion ofwater;
(B) violation ofSection 13260, 13264, 13272, or 13387 ofthe Water Code relating to discharge o f waste;
(C) violation ofFish and Game Code Section 5650 or Section 5652 ofthe Fish and Game Code relating to waters ofthe state;
(D) violation ofSection 1602 ofthe Fish and Game Code relating to rivers, streams and
lakes;
(E) violation ofSection 374.8 ofthe Penal Code relating to hazardous substances or Sections 25189.5, 25189.6, or 25189. 7 ofthe Health and Safety Code relating to hazardous waste;
(F) violation ofSection 2080 ofthe Fish and Game Code relating to endangered and threatened species or Section 3513 ofthe Fish and Game Code relating to the Migratory Bird Treaty Act; or (G) intentionally or with gross negligence causing substantial environmental harm to public lands or other public resources.
11359. Possession for sale
Every person who possesses for sale any marijuana, except as otherwise provided by law, shall be punished as follows:
(a) Every person under the age o f 18 who possesses marijuana for sale shall be punished in the same manner provided in paragraph (1) ofsubdivision (b) ofsection 11357.
(b) Every person 18 years ofage or over who possesses marijuana for sale shall be
punished by imprisonment in a countyjailfor a period ofnot more than six months or by afine ofnotmorethanfivehundreddollars($500), orbybothsuchfineandimprisonment.
(c) Not:withstanding subdivision (b), a person 18 years ofage or over who possesses marijuana
for sale may be punished by imprisom11ent pursuant to subdivision (h) of Section 1170 of the Penal Code if:
(1) the person has one or more prior convictions for an offense specified in clause (iv) o f subparagraph (C) ofparagraph (2) ofsubdivision (e) ofSection 667 ofthe Penal Code orfor an offense requiring registration pursuant to subdivision (c) ofSection 290 ofthe Penal Code;
(2) the person has t:wo or more prior convictions under subdivision (b); or
(3) the offense occurred in connection with the knowing sale or attempted sale ofmarijuana to a
person under the age of18years.
(d) Not:withstanding subdivision (b), a person 21 years ofage or over who possesses marijuana
for sale may bepunished by imprisonmentpursuant to subdivision (h) ofSection 1170 ofthe Penal Code ifthe offense involves knowingly hiring, employing, or using a person 20 years of age or younger in unlawfully cultivating, transporting, carrying, selling, offering to sell, giving away, preparingfor sale, or peddling any marijuana.
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11360. Unlawful transportation, importation, sale, or gift
(a) Except as otherwise provided by this section or as authorized by law, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any marijuana shall be punished as follows:
(])Persons under the age of18 years shall be punished in the same manner as provided in
paragraph (I) ofsubdivision (b) ofsection 11357.
(2) Persons 18 years ofage or over shall be punished by imprisonment in a countyjailfor a
period ofnot more than six months or by afine ofnot more thanfive hundred dollars ($500), or by both such fine and imprisonment.
(3) Notwithstandingparagraph (2), aperson 18years ofage or over may bepunishedby imprisomnent pursuant to subdivision (h) of Section 1170 of the Penal Code for a period two, three, or four years if:
(A) the person has one or more prior convictions for an offense specified in clause (iv) o f subparagraph (CJ ofparagraph (2) ofsubdivision (e) ofSection 667 ofthe Penal Code orfor an offense requiring registration pursuant to subdivision (c) ofSection 290 ofthe Penal Code;
(BJ the person has two or more prior convictions under paragraph (2);
(CJ the offense involved the knowing sale, attempted sale, or the knowing offer to sell, furnish, administer or give away marijuana to a person under the age of18 years; or
(DJ the offense involved the import, offer to import; or attempted import into this state, or the transportfor sale, offer to transportfor sale, or attempted transportfor sale out ofthis state, of more than 28.5 grams ofmarijuana or more than four grams ofconcentrated cannabis.
(b) Except as authorized by law, every person who gives away, offers to give away, transports, offers to transport, or attempts to transport not more than 28.5 grams ofmarijuana, other than concentrated cannabis, is guilty of an infraction misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). In any case in which a person is arrested for a violation ofthis subdivision and does not demand to be taken before a magistrate, such person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his or her written promise to appear in court, as provided in Section 853.6 of the Penal Code, and shall not be subjected to booking.
(c) For purposes ofthis section, “transport” means to transportfor sale.
(d) This section does not preclude or limit prosecution for any aiding and abetting or conspiracy offenses.
11361.1.
(a) The drug education and counseling requirements under sections 11357, 11358, 11359, and 11360 shall be:
(I) mandatory, unless the court finds that such drug education or counseling is unnecessary for the person, or that a drug education or counseling program is unavailable;
(2) free to participants, and the drug education provide at leastfour hours ofgroup discussion or instruction based on science and evidence-based principles and practices specific to the use and abuse ofmarijuana and other controlled substances.
(b) For good cause, the court may grant an extension oftime not to exceed 30 days for a person to complete the drug education and counseling required under sections 11357, 11358, 11359; and 11360.
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Subdivision (a) of Section 11361.5 of the Health and Safety Code is amended to read:
11361.5. Destruction of arrest and conviction records; Procedure; Exceptions
(a) Records of any court of this state, any public or private agency that provides services upon referral under Section 1000.2 of the Penal Code, or of any state agency pertaining to the arrest or conviction of any person for a violation of subdivision (b), (c), (d), or (e) of Section 11357 or subdivision (b) ofSection 11360, orpertaining to the arrest or conviction ofanyperson under the age of18for a violation ofanyprovision ofthis article except Section 11357.5, shall not be kept beyond two years from the date ofthe conviction, or from the date ofthe arrest ifthere was no conviction, except with respect to a violation of subdivision (ed) of Section 11357, or any other violation by a person under the age of18 occurring upon the grounds of, or within,
any schoolproviding instruction in kindergarten or any ofgrades 1 through 12 during hours
the school is openfor classes or school-relatedprograms, the records shall be retained until the offender attains the age of 18 years at which time the records shall be destroyed as provided in this section. Any court or agency having custody of the records, including the statewide criminal databases, shall provide for the timely destruction ofthe records in accordance with subdivision (c), and such records must also be purgedfrom the statewide criminal databases. As used in this subdivision, “records pertaining to the arrest or conviction” shall include records ofarrests resulting in the criminalproceeding and records relating to other offenses charged in the accusatory pleading, whether defendant was acquitted or charges were dismissed. The two-year
period beyond which records shall not be kept pursuant to this subdivision shall not apply to any person who is, at the time at which this subdivision would otherwise require record destruction,
incarceratedfor an offense subject to this subdivision. For such persons, the two-year period shall begin to run from the date the person is releasedfrom custody. The requirements of this subdivision do not apply to records of any conviction occurring prior to January 1, 1976, or records of any arrest not followed by a conviction occurring prior to that date, or records ofany arrestfor an offense specified in subdivision (c) ofSection 1192. 7, or subdivision (c) ofSection 667.5 ofthe Penal Code.
Section 11361.8 is added to the Health and Safety Code to read:
11361.8
(a) A person currently serving a sentence for a conviction, whether by trial or by open or negotiatedplea, who would not have been guilty ofan offense or who would have been guilty of a lesser offense under the Control, Regulate and Tax Adult Use ofMarijuana Act had that Act been in effect at the time ofthe offense may petition for a recall or dismissal ofsentence before the trial court that entered thejudgment ofconviction in his or her case to request resentencing or dismissal in accordance with Sections 11357, 11358, 11359, 11360, 11362.1, 11362.2,
11362. 3, and 11362. 4 as those sections have been amended or added by this Act.
(b) Upon receiving a petition under subdivision (a), the court shall presume the petitioner satisfies the criteria in subdivision (a) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. Ifthe petitioner satisfies the criteria in subdivision (a), the court shall grant the petition to recall the sentence or dismiss the sentence because it is legally invalid unless the court determines that granting the petition would
pose an unreasonable risk ofdanger to public safety.
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(1) In exercising its discretion, the court may consider, but shall not be limited to evidence providedfor in subdivision (b) ofSection 1170.18 ofthe Penal Code.
(2) As used in this section, “unreasonable risk ofdanger to public safety” has the same meaning as provided in subdivision (c) ofSection 1170.18 ofthe Penal Code.
(c) A person who is serving a sentence and resentenced pursuant to subdivision (b) shall be given creditfor any time already served and shall be subject to supervision for one year
following completion o fhis or her time in custody or shall be subject to whatever supervision time he or she would have otherwise been subject to after release, whichever is shorter, unless the court, in its discretion, as part ofits resentencing order, releases the personfrom supervision. Such person is subject to parole supervision under Penal Code Section 3000.08 or
post-release community supervision under subdivision (a) ofSection 3451 ofthe Penal Code by the designated agency and thejurisdiction ofthe court in the county in which the offender is released or resides, or in which an alleged violation ofsupervision has occurred, for the purpose ofhearingpetitions to revoke supervision and impose a term ofcustody.
(d) Under no circumstances may resentencing under this section result in the imposition ofa termlongerthantheoriginalsentence, orthereinstatementofchargesdismissedpursuanttoa negotiatedplea agreement.
(e) A person who has completed his or her sentence for a conviction under Sections 11357, 11358, 11359, and 11360, whether by trial or open or negotiatedplea, who would not have been guilty ofan offense or who would have been guilty ofa lesser offense under the Control, Regulate and Tax Adult Use ofMarijuana Act had that Act been in effect at the time ofthe offense, mayfile an application before the trial court that entered thejudgment ofconviction in his or her case to have the conviction dismissed and sealed because the prior conviction is now legally invalid or redesignated as a misdemeanor or infraction in accordance with Sections 11357, 11358, 11359, 11360, 11362.1, 11362.2, 11362.3, and 11362.4 as those sections have been amended or added by this Act.
(!) The court shall presume the petitioner satisfies the criteria in subdivision (e) unless the party opposing the application proves by clear and convincing evidence that the petitioner does not satisfy the criteria in subdivision (e). Once the applicant satisfies the criteria in subdivision (e), the court shall redesignate the conviction as a misdemeanor or infraction or dismiss and seal the conviction as legally invalid as now established under the Control, Regulate and Tax Adult Use ofMarijuana Act.
(g) Unless requested by the applicant, no hearing is necessary to grant or deny an application filed under subdivision (e).
(h) Anyfelony conviction that is recalled and resentenced under subdivision (b) or designated as a misdemeanor or infraction under subdivision (!) shall be considered a misdemeanor or infraction for all purposes. Any misdemeanor conviction that is recalled and resentenced under subdivision (b) or designated as an infraction under subdivision(!) shall be considered an infraction for all purposes.
(i) Ifthe court that originally sentenced the petitioner is not available, the presidingjudge shall designate anotherjudge to rule on the petition or application.
(j) Nothing in this section is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner or applicant.
(k) Nothing in this and related sections is intended to diminish or abrogate the finality o f judgments in any case not falling within the purview o f the Control, Regulate and Tax Adult Use
ofMarijuana Act.
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(l) A resentencing hearing ordered under this act shall constitute a ”post-conviction release proceeding” underparagraph (7) ofsubdivision (b) ofSection 28 ofArticle I ofthe California
Constitution (Marsy’s Law).
(m) The provisions ofthis section shall apply equally to juvenile delinquency adjudications and dispositions under Section 602 ofthe Welfare and Institutions Code ifthe juvenile would not have been guilty o f an offense or would have been guilty o f a lesser offense under the Control, Regulate and Tax Adult Use ofMarijuana Act.
(l) The Judicial Council shall promulgate and make available all necessary forms to enable the
filing o f the petitions and applicationsprovided in this section.
SECTION 9. INDUSTRIAL HEMP.
Section 11018.5 of the Health and Safety Code is amended to read as follows:
11018.5. Industrial hemp
(a) “Industrial hemp” means a fiber or oilseed crop, or both, that is limited to nonpsychoactive types ofthe plant Cannabis sativa L. and the seed produced therefrom, having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; and that is cultivated and processed exclusively for the purpose of producing the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds ofthe plant;, the resin extractedfrom anypart oftheplant; and or any other every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or mature stalks, except the resin or flov1ering tops extracted produced therefrom, fiber, oil, or cake, or the sterilized seed, or any component of the seed, of the plant that is incapable of gennination.
(b) The possession, use, purchase, sale, cultivation, processing, manufacture, packaging, labeling, transporting, storage, distribution, use and transfer ofindustrial hemp shall not be subject to the provisions o f this Division or o fDivision 10 o f the Business and Professions Code, but instead shall be regulated by the Department ofFood and Agriculture in accordance with the
provisions ofDivision 24 ofthe Food and Agricultural Code, inclusive.
Sections 81000, 81006, 81008, and 81010 of the Food and Agricultural Code are amended to read, and Section 81007 of the Food and Agricultural Code is repealed as follows:
81000. Definitions
For purposes ofthis division, the following terms have the following meanings:
(a) “Board” means the Industrial Hemp Advisory Board.
(b) “Commissioner” means the county agricultural commissioner.
(c) “Established agricultural research institution” means a public or private institution or organization that maintains land for agricultural research, including colleges, universities, agricultural research centers, and conservation research centers.
any institution that is either:
(1) apublicorprivateinstitutionororganizationthatmaintainslandorfacilitiesfor agricultural research, including colleges, universities, agricultural research centers, and conservation research centers; or
(2) an institution ofhigher education (as defined in Section 1001 ofthe Higher Education Act of 1965 (20 USC. 1001)) that grows, cultivates or manufactures industrial hemp for
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purposes ofresearchconductedunderanagriculturalpilotprogramorotheragriculturalor academic research.
(d) “Industrial hemp” has the same meaning as that tennis defined in Section 11018.5 of the Health and Safety Code.
(e) “Secretary” means the Secretary of Food and Agriculture.
(f) “Seed breeder” means an individual or public or private institution or organization that is registered with the commissioner to develop seed cultivars intended for sale or research.
(g) “Seed cultivar” means a variety of industrial hemp.
(h) “Seed development plan” means a strategy devised by a seed breeder, or applicant seed breeder, detailing his or her plam1ed approach to growing and developing a new seed cultivar for industrial hemp.
81006. Industrial hemp growth limitations; Prohibitions; Imports; Laboratory testing
(a)(l) Except when grown by an established agricultural research institution or a registered seed breeder, industrial hemp shall be grown only as a densely planted fiber or oilseed crop, or both, in acreages ofnot less than five acres one-tenth ofan acre at the same time, and no portion ofan acreage of industrial hemp shall include plots of less than one contiguous acre.
(2) Registered seed breeders, for purposes of seed production, shall only grow industrial hemp as a densely planted crop in acreages ofnot less than one-tenth ofan twe-acres at the same time, and no portion ofthe acreage ofindustrial hemp shall include plots ofless than one contiguous -acre.
(3) Registered seed breeders, for purposes of developing a new California seed cultivar, shall grow industrial hemp as densely as possible in dedicated acreage ofnot less than one-tenth ofan acre and in accordance with the seed development plan. The entire area of the dedicated acreage is not required to be used for the cultivation of the particular seed cultivar.
(b) Ornamental and clandestine cultivation of industrial hemp is prohibited. All plots shall have adequate signage indicating they are industrial hemp.
(c) Pruning and tending of individual industrial hemp plants is prohibited, except when grown by an established agricultural research institution or when the action is necessary to perfonn the tetrahydrocannabinol (THC) testing described in this section.
(d) Culling ofindustrial hemp is prohibited, except when grown by an established agricultural research institution, when the action is necessary to perform the THC testing described in this section, or for purposes of seed production and development by a registered seed breeder.
(e) Industrial hemp shall include products imported under the Hannonized Tariff Schedule of the United States (2013) of the United States International Trade Commission, including, but not limited to, hemp seed, per subheading 1207.99.03, hemp oil, per subheading 1515.90.80, oilcake, per subheading 2306.90.01, true hemp, perheading 5302, true hemp yam, per subheading 5308.20.00, and woven fabrics of true hemp fibers, per subheading 5311.00.40.
(f) Except when industrial hemp is grown by an established agricultural research institution, a registrant that grows industrial hemp under this section shall, before the harvest of each crop and as provided below, obtain a laboratory test report indicating the THC levels of a random sampling of the dried flowering tops of the industrial hemp grown.
(1) Sampling shall occur as soon as practicable when the THC content of the leaves surrounding the seeds is at its peak and shall cmmnence as the seeds begin to mature, when the first seeds of approximately 50 percent ofthe plants are resistant to compression.
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(2) The entire fruit-bearing part ofthe plant including the seeds shall be used as a sample. The sample cut shall be made directly underneath the inflorescence found in the top one-third of the plant.
(3) The sample collected for THC testing shall be accompanied by the following documentation: (A) The registrant’s proof of registration.
(B) Seed certification documentation for the seed cultivar used.
(C) The THC testing report for each certified seed cultivar used.
(4) The laboratory test report shall be issued by a laboratory registered with the federal Drug Enforcement Administration, shall state the percentage content of THC, shall indicate the date and location of samples taken, and shall state the Global Positioning System coordinates and total acreage o f the crop. I f the laboratory test report indicates a percentage content o f THC that is equal to or less than three-tenths of 1 percent, the words “P ASSED AS CALIFORNIA INDUSTRIAL HEMP” shall appear at or near the top ofthe laboratory test report. Ifthe laboratory test report indicates a percentage content of THC that is greater than three-tenths of 1 percent, the words “FAILED AS CALIFORNIA INDUSTRIAL HEMP” shall appear at or near the top o f the laboratory test report.
(5) Ifthe laboratory test report indicates a percentage content ofTHC that is equal to or less than three-tenths of 1 percent, the laboratory shall provide the person who requested the testing not less than 10 original copies signed by an employee authorized by the laboratory and shall retain one or more original copies of the laboratory test report for a minimum of two years from its date of sampling.
(6) I f the laboratory test report indicates a percentage content o f THC that is greater than three- tenths of 1 percent and does not exceed 1 percent, the registrant that grows industrial hemp shall submit additional samples for testing ofthe industrial hemp grown.
(7) A registrant that grows industrial hemp shall destroy the industrial hemp grown upon receipt of a first laboratory test report indicating a percentage content of THC that exceeds 1 percent or a second laboratory test report pursuant to paragraph (6) indicating a percentage content o f THC that exceeds three-tenths of 1 percent but is less than 1 percent. If the percentage content of THC exceeds 1 percent, the destruction shall take place within 48 hours after receipt o f the laboratory test report. If the percentage content of THC in the second laboratory test report exceeds three- tenths of 1 percent but is less than 1 percent, the destruction shall take place as soon as practicable, but no later than 45 days after receipt of the second test report.
(8) A registrant that intends to grow industrial hemp and who complies with this section shall not
be prosecuted for the cultivation or possession of marijuana as a result of a laboratory test report that indicates a percentage content of THC that is greater than three-tenths of 1 percent but does not exceed 1 percent.
(9) Established agricultural research institutions shall be pennitted to cultivate or possess industrial hemp with a laboratory test report that indicates a percentage content of THC that is greater than three-tenths of 1 percent if that cultivation or possession contributes to the development of types of industrial hemp that will comply with the three-tenths of 1 percent THC limit established in this division.
(10) Except for an established agricultural research institution, a registrant that grows industrial hemp shall retain an original signed copy o f the laboratory test report for two years from its date of sampling, make an original signed copy of the laboratory test report available to the department, the commissioner, or law enforcement officials or their designees upon request, and shall provide an original copy of the laboratory test report to each person purchasing,
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transporting, or otherwise obtaining from the registrant that grows industrial hemp the fiber, oil, cake, or seed, or any component of the seed, of the plant.
(g) If, in the Attorney General’s opinion issued pursuant to Section 8 ofthe act that added this division, it is determined that the provisions of this section are not sufficient to comply with federal law, the department, in consultation with the board, shall establish procedures for this section that meet the requirements of federal law.
81007. Prohibitions; De minimis considerations
(a) Except as provided in subdivision (b) or as necessary to perform testing pursuant to subdivision (f) of Section 81006, the possession, outside of a field oflawful cultivation, of resin, flowering tops, or leaves that have been removed from the hemp plant is prohibited.
(b) The presence of a de minimis amount, or insignificant number, of hemp leaves or flov101ing tops in hemp bales that result from the nonnal and appropriate processing of industrial hemp shall not constitute possession of marijuana.
81008. Attorney General reports; Requirements
(a) Not later than January 1, 2019, or five years after the provisions of this division m·e authorized under federal lmv, whichever is later, the Attorney General shall report to the Assembly and Senate C01mnittees on Agriculture and the Assembly and Senate Committees on Public Safety the reported incidents, if any, of the following:
(1) A field of industrial hemp being used to disguise marijuana cultivation.
(2) Claims in a court hearing by persons other than those exempted in subdivision (f) of Section 81006 that marijuana is industrial hemp.
(b) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2023, or four.years after the date that the report is due, whichever is later.
81010. Operation of division
(a) This division, and Section 221 ofthe Food and Agricultural Code, shall net become operative unless authorized under federal lav1 on January 1, 2017.
(b) The possession, use, purchase, sale, production, manufacture, packaging, labeling, transporting, storage, distribution, use, and transfer ofindustrial hemp shall be regulated in accordance with this division. The Bureau ofMarijuana Control has authority to regulate and conttolplants andproducts thatfit within the definition ofindustrial hemp but that are
produced, processed, manufactured, tested, delivered, or otherwise handledpursuant to a license issued under Division 10 ofthe Business and Professions Code.
SECTION 10. AMENDMENT.
This Act shall be broadly construed to accomplish its purposes and intent as stated in Section 3. The Legislature may by majority vote amend the provisions of this Act contained in Sections 5 and 6 to implement the substantive provisions of those sections, provided that such amendments are consistent with and further the purposes and intent ofthis Act as stated in Section 3. Amendments to this Act that enact protections for employees and other workers of licensees under Section 6 ofthis Act that are in addition to the protections provided for in this Act or that
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otherwise expand the legal rights of such employees or workers of licensees under Section 6 of this Act shall be deemed to be consistent with and further the purposes and intent of this Act. The Legislature may by majority vote amend, add, or repeal any provisions to further reduce the penalties for any of the offenses addressed by this Act. Except as otherwise provided, the provisions of the Act may be amended by a two-thirds vote of the Legislature to further the purposes and intent ofthe Act.
SECTION 11. CONSTRUCTION AND INTEPRETATION.
The provisions ofthis Act shall be liberally construed to effectuate the purposes and intent ofthe Control, Regulate and Tax the Adult Use of Marijuana Act; provided, however, no provision or provisions of this Act shall be interpreted or construed in a mam1er to create a positive conflict with federal law, including the federal Controlled Substances Act, such that the provision or provisions ofthis Act and federal law cannot consistently stand together.
SECTION 12. SEVERABILITY.
If any provision in this Act, or part thereof, or the application of any provision or part to any person or circumstance is held for any reason to be invalid or unconstitutional, the remaining provisions and parts shall not be affected, but shall remain in full force and effect, and to this end the provisions of this Act are severable.
SECTION 13. CONFLICTING INITIATIVES.
In the event that this measure and another measure or measures concerning the control, regulation, and taxation ofmarijuana, medical marijuana, or industrial hemp appear on the same statewide election ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure receives a greater number of affinnative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure shall be null and void.
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Yes !!!!! SEEDS ARE AVAILABLE NOW!!
Click on the logo or go to this Link – http://www.canna-divine.com/product/grizzly-glue
We joined forces with Grizzly Griptape to create and cultivate a co-branded masterpiece we are calling THE GRIZZLY GLUE !
First off, you gotta try it! Freaking delicious……..
It’s Canna-Divine/TG Genetics take on a Gorilla Glue strain that they have been tweaking on for the last couple years.
Breakdown – [ Gorilla Glue #4 x Hollister Kush at a 56-64 Days Generative Cycle. Glue like structure with a tighter nodal stack. Strong lateral branching and a diverse terpene profile dominated by gasoline and hints of citrus and earth cream ]
What I love about this project, beyond the exceptional strain, is it’s all about the synergy between the skate and cannabis industry! It’s a monstrous seed that was just planted here (pun intended)!!!
So this project is built for the SKATERS!!!!!! I skated as a young grom, never pro, but in to it hard thru some definitive years in my memory banks and I’m still consistently awed by the sport. (My partners all have there skate vault in their memory banks as well) … We all searched for Animal Chin. (Reference for us older skate heads)
Now we are beyond excited to dream up ways to mash the Grizzly and Chroncierge worlds together!!! Skate and Weed…..They fit so perfect.
Grizzly repping the highest quality in skate
Chroncierge repping the highest quality in weed
Cheers to the entire Grizzly Griptape world ! we are excited about the future……
Medical marijuana will be available in Florida next week when a Tallahassee company opens the state’s first dispensary, but it’s unclear when Central Florida’s only authorized grower will be ready to sell. The Florida Department of Health expects at least one more nursery to be ready this summer. Several medical-marijuana operations have had their first harvests and are awaiting final state approval.
Florida passed a law in 2014 allowing highly regulated marijuana use for patients with chronic seizures, muscle spasms and cancer. The product they approved is low in THC, and high in CBD, for it’s medical benefits.
This year, the law was expanded to allow terminally ill patients to use full-potency marijuana, although they cannot legally smoke it!
– All and all its just another line of bureaucrats trying to figure out how to regulate something they know absolutely nothing about, but speak as if they are up on the latest science. This industry is brand new but marijuana has been around and consumed by humans for more than 5000 years without incident…. Come on politicians and community leaders, wake up, learn the facts and lets create an economic boom and a whole heap of new jobs! –
Dig in and let me know your thoughts…..
Los Angeles County voters will decide this fall whether to tax marijuana businesses to help pay for housing and health services for the homeless.
The ballot measure, approved Tuesday by the Board of Supervisors, seeks to take a potentially significant new source of government revenues, from marijuana sales and use it to address one of the region’s oldest and most intractable problems. L.A.’s homeless population has been rising in recent years, and the proposed pot tax is part of a larger effort by city and county officials to finally put significantly more money behind easing the problems.
The board’s 3-2 vote comes two weeks after the Los Angeles City Council agreed to place a $1.2-billion bond initiative on the November city ballot to build more housing for the homeless. The bond money could be used only for housing construction, not to provide services. Backers see both measures as a package and hope voters will approve both.
The county proposal calls for a 10% levy on the gross receipts of businesses that produce or distribute marijuana and related products. It would apply to medical marijuana operations as well as the recreational marijuana industry if California voters decide to legalize it in November.
County analysts estimated that the measure, which would require a two-thirds majority vote to pass, would raise as much as $130 million a year to pay for mental health and substance abuse treatment, rental subsidies, emergency housing and other services intended to get and keep people off the streets.
But how much revenue the tax would generate depends largely on whether California voters legalize marijuana and whether large numbers of illegal sellers enter legal venues. County officials estimate that only about $13 million of the annual revenue would come from the medical marijuana industry.
If recreational marijuana is legalized at the state level, the county would not be able to begin collecting taxes on that industry until 2018. In the meantime, the county and cities will need to set up their own set of regulations on commercial marijuana businesses.
Spurred by the growing visibility of homeless encampments throughout the county, there has been much talk in local government about a unified approach to addressing the problem. The most recent count by the Los Angeles Housing Services Authority found about 47,000 people were homeless throughout the county.
The county budgeted $100 million this year to carry out an ambitious new homeless agenda, but it does not have a dedicated source of funds for ongoing efforts.
Despite coming under threat from Californian authorities, two weed-growing nuns known as the ‘Sisters of the Valley’, continued to cultivate marijuana, which they use to make medicinal salves, tinctures and oils, at their abbey in Merced.
Go Get ’em Girls!!!!!!!
Anything that will bring attention to the healing, helping and compassionate side of cannabis I support whole heartily! These ladies are doing something for their community that is positive and truly serving the people!…. but lets not forget, they are CRIMINALS for doing it.
Its about Freakin’ TIME!!!!
-The Adult Use of Marijuana Act would allow adults 21 years and older to possess up to one ounce of marijuana and grow up to six plants for non-medical use-
I’m of the opinion that the laws against marijuana are so rooted in deception and ignorance that the word SINISTER is appropriate! Speaking as a rational, moderately well adjusted adult , it baffles me to know that anyone would still be clueless enough to leave the laws where they stand. As a basic freedom to its projected economic surges and job creation this is a common sense call for any rational thinking adult.
I pasted the article that sparked me on to this topic below…
Dig in and let me know your thoughts!
With an initiative to legalize marijuana in California heading to the November ballot, medical providers, health care experts and industry groups are sharply divided over the controversial measure.
It is already legal in California to use cannabis with a doctor’s prescription. The Adult Use of Marijuana Act would allow adults 21 years and older to possess up to one ounce of it and grow up to six plants for non-medical use. The initiative also would impose a 15 percent tax on recreational marijuana sales.
California would follow Colorado, Washington, Alaska and Oregon in allowing the recreational use of marijuana if the measure is approved. Proponents say they have collected well over the required number of signatures to qualify for the November ballot. State officials are verifying those signatures, and the measure could be approved for the ballot within the next two weeks.
The state’s Democratic Party endorsed the measure last week, but California’s doctors, hospitals and health advocates remain split over whether to legalize marijuana.
The California Medical Association, the influential doctors’ lobby group, now supports the initiative despite years of opposing marijuana legalization. The California Hospital Association opposes it.
The California Medical Association called the measure “comprehensive” and said that while it does not encourage the use of marijuana, controlling and regulating it is the most effective way to protect public health.
“The perception has changed,” said Donald Lyman, a retired physician and chair of the group’s Council on Science and Public Health. “We know it is not a useless substance; there are medical uses and it is time to look at the regulatory system.”
“Because it is a legitimate product, there should be a legitimate access point,” Lyman argued.
If it passes, the Adult Use of Marijuana Act is expected to bring in several hundred million dollars annually to state and local governments, according to the Legislative Analyst’s Office.
This is one of those topics that we hope can cause a “wake up” reaction in those that look at marijuana as a simple intoxicant. Just the potential “thousand words” the picture above states should be thought provoking enough to cause movement! What your seeing there is a deathly ill child being treated with something that is proving to help him without any side effects. Why the fact that it came from weed is some kind of deterrent is laughable when opioids, chemotherapy and radiation are A OK! The fact that it came from weed should not be even a speed bump in the road to making this available to everyone and furthering it’s research at all costs. Whats the hold up?
Here is excerpts from an article that sparked me up on this conversation! It’s jam packed with info and links so dig in and let me know your thoughts or experiences ….
The number of medical benefits cannabis has is nearly endless and slightly unbelievable. Regardless of any doubts, fears, or stigmas there are several thousands of patients that turn to marijuana for healing including children as young as 18-months old. Unlike most adults, young children do not actually smoke cannabis or take in the the THC, which causes the “high” symptoms. Instead most young patiences rely on eating or drinking cannabidoil , better known as CBD oil.
“Unlike THC, CBD does not cause a high. While this makes CBD a poor choice for recreational users, it gives the chemical a significant advantage as a medicine, since health professionals prefer treatments with minimal side effects,” according to Leaf Science , a marijuana education publication.
Infants and children using CBD is not a new trend in the medical industry. In 1843 a British army doctor by the name of William O’shaughnessy used the oil to treat seizures in patients, including infants. His study and reports were published in the Provincial Medical Journal, and featured information on cannabis’s effect on the treatment of tetanus and convulsions. High doses of CBD oil is also a popular treatment for children with cancer as well because it can shrink tumors and decrease the harsh side effects of chemotherapy.
Although CBD does not get the patient high it is still illegal in several states. This is inconvenient for many children that rely on it for their health, forcing families to either sacrifice everything or pick up and move to legal states.
Lauranne, a 7-year-old in Portland, Oregon has acute lymphoblastic leukemia, a very strong form of cancer with a high mortality rate. After doctors gave her only 2 years to live her mother, Kalina, gave her CBD as a last attempt to save her child. She is one of several children VICE New’s covered on their new show “Weediquette”. The first episode, “Stoned Kids” followed the lives of actual parents and children who rely on marijuana as their main source of treatment.
“Feeling like western medicine failed her child Kalina turned to marijuana. She credits the cannabis for her Lauranne’s speedy recover and the quick return of her white blood cells after the chemo,” said VICE correspondent Krishna Andavolu.
Lauren and Kalina are just one example of what medical marijuana can do for young lives. Children with elilepsy, Lupus, Dravet Syndrome, Austimn, depression, anxiety, down syndrome, and more are also turning to marijuana for help. Many are going to Colorado in order to save their kids.
“Medical marijuana has made Colorado a promise land for desperate parents trying to save their children. Children have arrived here nearly lifeless. Families have lived out of motels when they couldn’t find housing,” said Denver Post reporter John Ingold.
According to The Huffington Post, in 2014 there were 180 children in Colorado as medical marijuana patients. Today there are thousands and that’s not including adult medical card holders. Several other legal states, whether medical and/or recreational, are seeing an increase in younger patients as well, because of cases such a Lauranne. She is currently Oregon’s youngest cannabis patient and her leukemia is now in full remission.
As more children become well due an this alternative medicine, more parents are fighting to have easier and affordable access to it as well as protect their families from any possible repercussions from the government.
“It’s just this gamble based on what everybody else is doing,” said Lori King to TIME, a mother of a 10-year-old son diagnosed with epilepsy. “It’s an unknown but there’s that glimmer of hope that this might just be the right ticket”.
WHAAAAAAT!!!! The man that put the kush in country music is reaching out to the Master Growers and processors to kick off his WILLIE’s RESERVE! yeeehaw… hahahah.
I dig that Willy is getting in to the Cannabis game, it seems an obvious to me…. But…. This could go wrong fast!
The individuals that Willie hires to get this done will dictate what this brand becomes….. The genetic geniuses and master growers are the talent in the cannabis world and I’m sure he’s got some great ones around him that would love the job! My fingers are crossed hoping he puts together a good squad – Cheers to Willie Nelson!!! We wish him all the success possible, he is a pioneer for the cannabis cause globally and he will always have a place in its industry!!! We’ll all make sure of it….
Below are some fragments of info and links if you want to go for the gig…..
The legendary country singer Willie Nelson is hiring for his new weed business .
He’s looking for five hard-working individuals for Willie’s Reserve. Those positions, all based in Denver, include a compliance officer, a bookkeeper, a production manager, a sales director and an extractor.
The job descriptions on the website say at least three of the five gigs are salaried with performance-based incentives.
Chroncierge 
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