In reaction to US
Attorneys’ threats on the State of California to shut down all medical cannabis
collectives, Assembly Member Tom Ammiano introduced Assembly
Bill 2312, the Medical Marijuana Regulation and Control Act. The 6,500-word Act imposes a regulatory
system that impacts all areas of the State that have not yet implemented a
local medical cannabis ordinance.
Collectives in cities such as San Francisco and Oakland may be
grandfathered.
AB 2312 is an
example of a bill that takes-away-your-freedom-in-order-to-protect-you. Assembly Member Ammiano will have you
believe that this law will appease federal authorities and end the attack on
our State’s medical cannabis laws.
(It didn’t work for Colorado.)
Unfortunately, AB 2312
creates a large bureaucracy of non-elected, non-voter-accountable, politically
appointed individuals that will decide the fate of collectives across the State. Collectives pending consideration must
close, pay yet-to-be-determined fees and attend an unknown number of hearings
prior to any potential approval.
The proposed
legislation broadly requires that every dispensary site, every garden, every
cannabis kitchen, storage site, curing location, concentrate production,
testing – you name it – if it comes in contact with medical cannabis, the
patient must be approved by the newly created Board of Medical Marijuana
Enforcement as a “Mandatory registrant.”
The bill does not allow for any citizen oversight, is ripe for
corruption and defeats any attempt to keep medical cannabis affordable. Legal professionals point to provisions
that prevent patients from obtaining a physician’s recommendation as
unconstitutional. The bill’s
aggressive supporters do so with questionable intent.
Senate
Bill 1182 introduced by State Senator Mark Leno simply proposes to adopt
the currently non-binding ‘Attorney
General Guidelines’ as law and protects patients from prosecution for “marijuana
commerce” as long as all activities are compliant with the Guidelines. Many
collectives argue that they already comply with the current AG Guidelines:
maintaining a not-for-profit, private, closed-loop organization made up only of
legally qualified patients and caregivers.
The digest for SB
1182 states:
This bill (1)
provides that a cooperative, collective or other business entity that operates
within the Attorney General's (AG) guidelines shall not be subject to
prosecution for marijuana possession or commerce, as specified; and (2)
provides that where such an entity operates within the AG's guidelines, the
entity and its employees, officers and members shall not be subject to
prosecution for marijuana commerce because the entity or its employees,
officers, or members received compensation for actual expenses incurred in
carrying out activities in compliance with the guidelines.
SB 1182
continues, “Existing law directs
the AG to develop and adopt appropriate guidelines to ensure the security and
nondiversion of medical marijuana.”
Senator Leno’s workable proposal puts medical cannabis compliance in the
hands of one Statewide elected official, our Attorney General, who is more
easily accessible and approachable than the all-appointed, 9-member Board of Medical Marijuana
Enforcement. SB 1182 does not require lengthy, expensive State
registration and approval.
Municipalities remain responsible for implementing local zoning
ordinances, which require local input.
Senator Leno states
SB 1182 is a “focused solution,” which is true enough when compared to the convoluted approach of AB
2312. All medical cannabis
patients and physicians will be impacted by these potential laws and are
encouraged to learn more and act accordingly. Anyone with questions is encouraged to contact PAN.
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