Cannabis Related Legislative Update 2017-18

State of California
Bill Author(s) Subject Bill Highlights Status
AB-64 Bonta, Cooley, Jones-Sawyer, Lackey, and Wood PRIORITY BILL – Cannabis: medical and nonmedical: regulation and advertising. This bill would specify that licensees under the MCRSA may operate for profit or not for profit, it would advance $3,000,000 as a loan from the General Fund to the Department of the California Highway Patrol for use in the 2017–18 fiscal year for those purposes and would require those moneys to be repaid from California Marijuana Tax Fund, and it would authorize collectives and cooperatives to operate for profit or not for profit. The bill would limit the protection for collectives and collaboratives operating for profit to those collectives and collaboratives that possess a valid seller’s permit from the State Board of Equalization and a valid local license, permit, or other authorization. Assembly-Pending Referral
AB-76 Chau Adult-use marijuana: marketing. This bill would state the intent of the Legislature to introduce legislation relating to the prohibition of the marketing of adult-use marijuana to children. Assembly-Pending Referral
AB-96 Ting Budget Act of 2017. This bill would make appropriations for the support of state government for the 2017–18 fiscal year. Assembly-In Committee Process-Budget
AB-171 Lackey Medical Cannabis Regulation and Safety Act: licensure: reporting. This bill would also require a licensing authority to include in its annual report the number of conditional licenses issued. Assembly-Pending Referral
AB-175 Chau Adult-use marijuana: marketing: packaging and labeling. This bill would require a manufacturer, prior to introducing an edible marijuana product into commerce in California, to submit the packaging and labeling to the bureau for approval and would require the bureau to determine whether the packaging and labeling are in compliance with the requirements of prescribed provisions of AUMA, including the requirements that the packaging be child resistant and not attractive to children, as specified. The bill would authorize the bureau to charge a manufacturer a fee for the determination, in an amount no greater than the amount required to cover the actual and reasonable costs of administering the approval program. Assembly-Pending Referral
AB-208 Eggman Deferred entry of judgment: pretrial diversion. This bill would make the deferred entry of judgment program a pretrial diversion program. The bill would make that a defendant qualifie for the pretrial diversion program if he or she has no prior conviction within 5 years prior to the alleged commission of the charged offense for any offense involving controlled substances other than the offense that qualifies him or her for diversion, the charged offense did not involve violence, there is no evidence within the past 5 years of a violation relating to narcotics or restricted dangerous drugs other than a violation that qualifies for the program, and the defendant has no prior conviction for a serious or violent felony within 5 years prior to the alleged commission of the charged offense.
Under the pretrial diversion program created by this bill, a qualifying defendant would enter a plea of not guilty, and proceedings would be suspended in order for the defendant to enter a drug treatment program for 6 months to one year, or longer if requested by the defendant with good cause. The bill would require the court, if the defendant does not perform satisfactorily in the program or is convicted of specified crimes, to terminate the program and reinstate the criminal proceedings. The bill would require the criminal charges to be dismissed if the defendant completes the program.
Assembly-In Committee Process-Public Safety
AB-238 Steinorth Medical cannabis: distributors: employment. This bill would prohibit a distributor Type 11 licensee from denying employment to any individual on the basis that he or she is or is not party to a collective bargaining agreement. The bill would also prohibit an applicant for a distributor Type 11 license from being denied a license on the basis that the applicant employs individuals who are or are not party to a collective bargaining agreement. Assembly-Pending Referral
AB-285 Melendez Drug and alcohol free residences. This bill would, among other things, define a “drug and alcohol free residence” as a residential property that is operated as a cooperative living arrangement to provide an alcohol and drug free environment for persons recovering from alcoholism or drug abuse, or both, who seek a living environment that supports personal recovery. The bill would authorize a drug and alcohol free residence to demonstrate its commitment to providing a supportive recovery environment by applying and becoming certified by an approved certifying organization that is approved by the State Department of Health Care Services. Assembly-Pending Referral
AB-313 Gray Water. This bill would transfer authority over water rights matters from the State Water Resources Control Board to the Department of Water Resources. This bill would establish within the Natural Resources Agency the State Water Project Commission, consisting of 9 members appointed by the Governor and subject to confirmation by the Senate. The bill would transfer authority over and relating to the State Water Project from the department to the commission. Assembly-Pending Referral
AB-350 Salas Marijuana edibles: appealing to children. This bill would specify that a marijuana product is deemed to be appealing to children or easily confused with commercially sold candy if it is in the shape of a person, animal, insect, fruit, or in another shape normally associated with candy, but would not prohibit a licensee from making an edible marijuana product in the shape of the licensee’s logo. Assembly-Pending Referral
AB-362 Wood Forestry assistance program: loans. This bill would provide that assessments deposited into the Timber Regulation and Forest Restoration Fund, less amounts deducted for refunds and reimbursement be, upon appropriation by the Legislature, used for forest resources improvement grants, loans, and projects. Assembly-Pending Referral
AB-389 Salas, Caballero, and Ridley-Thomas Marijuana: consumer guide. This bill would require the bureau, by July 1, 2018, to establish and make available on its Internet Web site a consumer guide to educate the public on the regulation of medical and nonmedical marijuana. Assembly-Pending Referral
AB-416 Mathis An act relating to cannabis. This bill would state the intent of the Legislature to enact legislation relating to CBD-enriched cannabis. Assembly-Pending Referral
AB-420 Wood Marijuana and medical cannabis: advertisements: license number disclosure. This bill would require an advertisement for the sale of medical cannabis or medical cannabis products to identify the MCRSA licensee responsible for its content by including, at a minimum, the license number of the MCRSA licensee. Also, this bill would require an advertisement for the sale of nonmedical marijuana or nonmedical marijuana products to include, at a minimum, the license number of the AUMA licensee responsible for its content. The bill would declare that it furthers the purposes and intent of AUMA. Assembly-Pending Referral
SB-65 Hill, co-authored by Low Vehicles: alcohol and marijuana: penalties. This bill would instead make driving or operating a vehicle upon any highway or specified lands, or driving or operating a boat, vessel, or aircraft while drinking any alcoholic beverage, punishable as either an infraction or a misdemeanor. The bill would also make driving or operating a vehicle, boat, vessel, or aircraft while smoking or ingesting marijuana or marijuana products an offense punishable as an infraction or a misdemeanor. The bill would authorize a court to order a defendant to attend drug or alcohol education and counseling classes in addition to those penalties. Senate-In Committee Process-Transportation and Housing
SB-72 Mitchell Budget Act of 2017. An act making appropriations for the support of the government of the State of California and for several public purposes in accordance with the provisions of Section 12 of Article IV of the Constitution of the State of California, relating to the state budget, to take effect immediately, budget bill. Senate-In Committee Process-Budget and Fiscal Review
SB-148 Wiener and Atkins PRIORITY BILL – State Board of Equalization: counties: state agencies: collection of cash payments: cannabis-related businesses. Allow cannabis businesses to pay state taxes and fees in cash at multiple designated locations throughout state, including county offices. Senate-In Committee Process-Governance and Finance
SB-175 McGuire PRIORITY BILL – Marijuana: county of origin: marketing. Prohibit marijuana businesses from using both the name of a CA county or any name that appears similar to it unless their cannabis is produced in that county. Senate-In Committee Process-Business, Professions and Economic Development
Federal
H.R. 975 Rep. Dana Rohrabacher (R-CA-48) with 12 other co-authors. To amend the Controlled Substances Act to provide for a new rule regarding the application of the Act to marihuana [sic], and for other purposes. A new bill introduced by a California representative seeks to do exactly that. The “Respect State Marijuana Laws Act,” by Rep. Dana Rohrabacher, R-Coronado, would specifically exempt persons complying with state laws “relating to the production, possession, distribution, dispensation, administration, or delivery of marihuana” from federal prosecution. Rohrabacher framed the issue as one of states’ rights and an overreaching federal government in a floor speech this week. Introduced on 2/7/17 and Referred to House Energy and Commerce
H.R. 331 Rep. Barbara Lee (D-CA) States’ Medical Marijuana Property Rights Protection Act Prevents civil asset forfeiture for property owners of state-sanctioned medical marijuana facilities. Introduced 1/5/17. Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations on 01/31/2017.
H.R. 714 Rep. H. Morgan Griffith (R-VA) Legitimate Use off Medicinal Marihuana [sic] Act (LUMMA) Moves marijuana to Schedule II on the Controlled Substances Act and provides that no provision of the CSA or Food, Drug and Cosmetic Act could prohibit the prescription/recommendation, use, transport, possession, manufacture or distribution under state law in states with medical marijuana regulations. Introduced on 1/27/17 and Referred to the House Committee on Energy and Commerce
H.R. 715 Rep. H. Morgan Griffith (R-VA) Compassionate Access Act To provide for “the rescheduling of marihuana [sic], the medicinal use of marihuana [sic] in accordance with state law and the exclusion of cannabidiol from the definition of marihuana [sic], and for other purposes.” The bill, which includes language on research, also would not allow CBD to be treated as a controlled substance. Introduced on 1/27/17 and Referred to House Judiciary