Cal NORML: A SUMMARY OF THE MEDICAL MARIJUANA REGULATION and SAFETY ACT
UPDATE October 9, 2015 - Governor Brown has signed the bills.
News Reports:
ABC News (AP)
Mercury News
LA Weekly
Sacramento Bee
SF Gate
LA Times
The Guardian
The new Medical Marijuana Regulation and Safety Act consists of three separate bills which were enacted together on Sept 11, 2015 (despite its title, the term "medical cannabis" is used throughout the act). The bill creates a comprehensive state licensing system for the commercial cultivation, manufacture, retail sale, transport, distribution, delivery, and testing of medical cannabis. All licenses must also be approved by local governments.
The law will take effect on Jan 1, 2016. After that, the state will need several months (probably at least a year) to set up the necessary agencies, information systems, and regulations to actually begin issuing licenses. In the interim, local governments may choose to adopt new ordinances to permit or license local businesses in preparation for state licensing. Facilities currently operating in accordance with state and local laws may continue to do so until such time as their license applications are approved or denied. In the meantime, prospective applicants are strongly advised to apply to the state Board of Equalization for a Resale Permit, and to prepare for seeking approval from their local governments.
Text of Medical Marijuana Regulation Safety Act (three parts):
AB 266 (Bonta/Cooley/Jones-Sawyer/Lackey)
AB 243 (Wood)
SB 643 (McGuire)
SUMMARY:
AGENCIES AB 266 establishes a new Bureau of Medical Marijuana Regulation under the Department of Consumer Affairs. The Bureau is to establish a comprehensive internet system for keeping track of licensees and reporting the movement of commercial cannabis and cannabis products.
SB 643 & AB 243 give the Dept. of Food and Agriculture responsibility for regulating cultivation; the Dept. of Public Health for developing standards for manufacture, testing, and production and labeling of edibles; the Dept of Pesticide Regulation for developing pesticide standards; and the Depts. of Fish and Wildlife and State Water Board for protecting water quality. (Sec. 19332)
LICENSE TYPES The following license types are established under AB 266 (19300.7)) and SB 643 (19331(g)):
(a) Type 1 = Cultivation; Specialty outdoor. Up to 5,000 square ft of canopy, or up to 50 noncontiguous plants
(b) Type 1A = Cultivation; Specialty indoor. Up to 5000 sq ft
(c) Type 1B = Cultivation; Specialty mixed-light. Using exclusively artificial lighting.
(d) Type 2 = Cultivation; Outdoor. Up to 5000 sq ft, using a combination of artificial and natural lighting
(e) Type 2A = Cultivation; Indoor. 5001 -10,000 sq ft.
(f) Type 2B = Cultivation; Mixed-light. 5001 -10,000 sq ft
(g) Type 3 = Cultivation; Outdoor. 10,001 sq ft - 1 Acre
(h) Type 3A = Cultivation; Indoor.. 10,001 - 22,000 sq ft
(i) Type 3B = Cultivation; Mixed-light. 10,001 - 22,000 sq ft
(j) Type 4 = Cultivation; Nursery.
(k) Type 6 = Manufacturer 1 for products not using volatile solvents.
(l) Type 7 = Manufacturer 2 for products using volatile solvents.
(m) Type 8 = Testing
(n) Type 10 = Dispensary; General
(o) Type 10A = Dispensary; No more than three retail sites
(p) Type 11 = Distribution
(q) Type 12 = Transporter
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