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| Willie Brown watches Gov. Jerry Brown sign a bill in 2011. |
The 2015 California legislative session ended with
three medical marijuana regulatory bills being passed through both houses in
the last 6 hours of the session. New
statewide medical cannabis rules are expected to be signed by the Governor
anytime. These rules establish
licensing guidelines for all commercial medical cannabis activities including
cultivation and manufacture of concentrates.
These rules are not without flaws or criticism. The amended bills were kept under tight
wrap until just before they were voted upon near midnight on the final day of
the session. The senate and
assembly suspended the rules that allow for public input ensuring no one could
provide feedback in the 11th hour. There is also still legal debate on just how much these bills
tread on Proposition 215, the 1996 voter-approved initiative known as the
Compassionate Use Act.
However, the rules are better than expected given
previous versions and the direction other states have taken. For example, New York does not allow
flowers and Washington does not allow patients to grow their own, issues
perpetuating a black or gray market in those states.
Previous versions of California’s bills put
medical marijuana under the purview of the Alcohol Beverage Control Board, a
move harshly criticized by patients.
Consumer Affairs, Agriculture and Public Health are the departments that
oversee commercial cannabis operations in California, which is far more
appropriate.
PAN has received many calls from patients and
providers wanting to learn how to comply with the new rules or how their
businesses may be affected. Here
are some things to consider:
Getting a state license is contingent upon local
approval. In order to apply for
state licensing, a cannabis business must have local approval. Bans are still a huge issue. Medical cannabis operations in
communities with a ban are not allowed to apply for a state license and are in
jeopardy of legal action.
Everything you knew about the AG Guidelines is
wrong. The news bills have
dismantled the AG Guidelines and parts of SB 420 by allowing commercial retail
of medical marijuana and phasing out closed-loop, not-for-profit collectives
and cooperatives.
There are also many compliance dates in the bills. The rules seem to acknowledge that not
all aspects of the law can be fully functioning or implemented all at
once. Compliance will fold in as
licenses become available through the newly formed Bureau of Medical Marijuana
Regulation, such as for independent laboratory testing. (For example, the rules
seem to recognize cannabis can’t be tested per the law until these approved
testing sites exist.)
Patients can still grow their own; 100 sq. ft of
total grow space. Caregivers can
grow for up to 5 other patients, 100 sq. ft of grow space for each
patient. No licensing is required
as long as all activity is non-commercial.
The California legislature acknowledges these
rules are not complete and have stated they will start working on amendments
January 2016. Likewise, voter
initiatives to end bans, protect medical, as well as legalize cannabis for
adult use are in motion. While a
set of rules will be on the books soon, those rules will probably change sooner
than later.
There are numerous other functions of these laws
to consider. Any one with questions
or concerns can contact PAN directly.
AB 266 text
AB 243 text
SB 643 text
Additionally, proponents of the statewide voter
initiatives are making final amendments.
The drafting of the Marijuana Control, Legalization and Revenue Act of
2016, has always been an open-source process. All are welcome to participate. You are encouraged to review the most recent draft of the initiative
and provide any feedback. The
initiative will be filed for a final title and summary in two weeks.
MCLR text
Feedback on MCLR can be sent to:
or feel free to contact PAN with any questions.
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