|California Governor Jerry Brown|
On August 31, 2011, Governor Jerry Brown signed Assembly Bill 1300. Below is the final version full-text of the bill, which is brief:
Assembly Bill No. 1300
[FILED WITH SECRETARY OF STATE AUGUST 31, 2011
APPROVED BY GOVERNOR AUGUST 31, 2011
PASSED THE SENATE AUGUST 15, 2011
PASSED THE ASSEMBLY JUNE 3, 2011
AMENDED IN ASSEMBLY JUNE 1, 2011
AMENDED IN ASSEMBLY APRIL 27, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011]
INTRODUCED BY Assembly Member Blumenfield FEBRUARY 18, 2011
An act to amend Section 11362.83 of the Health and Safety Code,
relating to medical marijuana.
LEGISLATIVE COUNSEL'S DIGEST
AB 1300, Blumenfield. Medical marijuana.
Existing law establishes the Medical Marijuana Program to exempt certain qualified patients who hold an identification card issued pursuant to the program, and the caregivers of those persons from certain state criminal sanctions related to the possession,
cultivation, transportation, processing, or use of limited amounts of marijuana, as specified. The program prohibits certain entities, including a medical marijuana cooperative or collective, from being located within a 600-foot radius of a school. Existing law also specifically provides that these provisions governing the program do not prevent a city or other local governing body from adopting and enforcing laws consistent with the program. This bill would revise the latter provision described above to additionally provide that these provisions shall not prevent a city or other local governing body from adopting and enforcing local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective, or from the civil or criminal enforcement of those local ordinances.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11362.83 of the Health and Safety Code is amended to read:
11362.83. Nothing in this article shall prevent a city or other local governing body from adopting and enforcing any of the following:
(a) Adopting local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective.
(b) The civil and criminal enforcement of local ordinances described in subdivision (a).
(c) Enacting other laws consistent with this article.
The concern with AB 1300, which takes effect January 1, 2012, is whether cities and counties will interpret the bill as justification to adopt bans on storefront dispensaries. It is reported that while in committee the bill’s author, Assembly Member Bob Blumenfield, 40th District (much of the San Fernando Valley) stated it was not the intent of the bill to address bans, “I’m wary about getting into the issue of bans. I know some folks were asking us to say ‘prohibit’ counties or cities from being able to ban. And some folks were saying ‘mandate’ that they can ban. And I just as soon stay away from that issue and be very narrow in the scope of this bill.”
However, it is yet to be seen how committees, councils and commissions will choose to enact the new bill. Blumenfield struck much stronger language after the bill’s passage. "This is a great victory for communities suffering from rogue dispensaries that create a host of problems," said Blumenfield. "Some dispensaries have been caught selling marijuana to people not authorized to possess it, many intentionally operate in the shadows without any business licensure or under falsified documentation, and some have been the scene of violent crime. This new law will provide a much needed framework for stability after years of struggling with a Wild West, lawlessness…. Since there are virtually no legally binding state requirements on "pot shops," this new law is a first step towards much needed reform," added Blumenfield. "It will help prevent medical marijuana abuses, preserve local control, and elevate our debate about medical marijuana."
So much for the narrow scope.
Senate Bill 847 which is said to be much more problematic http://www.aroundthecapitol.com/Bills/SB_847/20112012/ currently sits on the Governor’s desk.
Posted By: Degé Coutee