Handy contact list for California state legislators / No on AB 604

This nicely formatted contact list for members of the California state assembly and senate just came my way and I thought I'd pass it along. I recommend holding saving this email for future lobbying reference, and maybe printing yourself out a copy of the relevant portion.

Love & Liberty,
                                ((( starchild )))

P.S. - While you have this list at hand, you might take a minute to send an email or make a call or two to some of your representatives and urge them to vote NO on AB 604, a well-meaning but flawed bill from San Francisco Democratic assemblyman Tom Ammiano that would create a new state regulatory structure for marijuana regulation. See analysis from cannabis activist Dave Hodges below on why this is not a good change, along with the text of the legislation.

Some more info on AB 604 from Dege Coutee of the cannabis Patient Advocacy Network.

  Note in particular the material below that I've highlighted in bold -- very good reasons for libertarians to oppose this bill!

Love & Liberty,
                              ((( starchild )))

From: Patient Advocacy Network <patientadvocates@...>
Date: Wed, Sep 11, 2013 at 2:51 AM
Subject: Urgent: Contact Sacramento Now

Greetings Friends & Colleagues,

There has been a lack of information and misinformation coming from
Sacramento regarding the new statewide medical cannabis bill(s). You may
have even received emails encouraging you to support a wicked attempt to
create a coercive monopoly of pay-to-play dispensaries.

Last Friday we learned that Assembly Member Tom Ammiano completely gutted
a bill, AB 604 and inserted an amended version of his bill defeated
earlier this year – AB 473, the ‘seed to sale’ registration program:
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB473

In February AB 604 was originally a bill about criminal investigations and
begins: “AB 604, as introduced… Criminal investigations: eyewitness
identification. Existing law allows opinion testimony from expert
witnesses to be admitted at trial…”
http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0601-0650/ab_604_bill_20130220_introduced.htm

As of Sept. 6th, AB 604 is now: “AB 604, as amended, Ammiano. Medical
cannabis: state regulation and enforcement.”
http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0601-0650/ab_604_bill_20130906_amended_sen_v96.htm

Interestingly, a bill that was about apples in February has been
completely gutted and turned into an orange without ever having to go back
to the Assembly for approval. Ammiano has handed the orange over to the
Senate for a vote in the 11th hour – session ends this Friday.

The bill is a ‘seed to sale’ registration program requiring that all
persons involved with medical cannabis be permitted by the State: “This
bill would enact the Medical Cannabis Regulation and Control Act and would
create the Division of Medical Cannabis Regulation and Enforcement within
the Department of Alcoholic Beverage Control… would grant the department
the exclusive power to register persons for the cultivation, manufacture,
testing, transportation, storage, distribution, and sale of medical
cannabis…”

That’s correct. All cultivators, hash makers, cookie bakers, collective
employees, etc., are required to apply for a permit and pay an annual fee
to Alcohol Beverage Control. If you don’t, you can spend up to a year in
jail and pay a fine of $1,000 - $25,000. This will NOT keep medical
cannabis affordable! This in NOT ending incarceration over pot! The bill
does nothing to stop the bans, actually re-enforces the Riverside decision
and promotes caps. Banking issues are not addressed. Oversight and
accountability of the overseers is lacking making the permitting process
open for corruption and favoritism.

Patient Advocates want good regulations but not THESE regulations.
Attempts by patients to bring workable ideas to the table have been
repeatedly blocked by industry lobbyists working to ensure that only a few
collectives are approved by this ‘exclusive power’ process. Make your
voice heard!

Take Action!

Contact your State Senator immediately and let him/her know that you
OPPOSE AB 604. Let them know the ABC is not appropriate for medical
cannabis – the health dept. is. Medical cannabis needs to be kept
affordable. Extensive registration programs are expensive and should not
be paid for by sick and dying patients. Expensive programs overseen by
the ABC are more appropriate for adult recreational use. Sacramento, stop
trying to profit off of patients and just legalize it!

Find your CA rep:
http://findyourrep.legislature.ca.gov/

A phone call or a FAX is the best as emails regularly end up in the spam
bin. Also, if you live in Senate district 26, you don’t have Senator to
call; the district with more collectives than any district in the State
right now has no representation. In that case, call your assembly member
and file your input with the Senate Clerk.

Contact the Senate Clerk:
http://secretary.senate.ca.gov/contactus

Contact the bill sponsors to let them know you OPPOSE AB 604. Tell them
they have not taken input from true stakeholders. ABC is bad for medical
cannabis. Today’s Senate meeting agenda was posted after midnight .
These tactics circumvent a fair and open democratic process.

Assembly Member Tom Ammiano
Phone: (916) 319-2017
Fax: (916) 319-2117

Senator Mark Leno
Phone: (916) 651-4011
Fax: (916) 445-4722

Senator Darryl Steinberg
Phone: (916) 651-4006
Fax: (916) 323-2263

Other links:
Senate calendar (please note September schedule):
http://senate.ca.gov/sites/senate.ca.gov/files/2013FINALSenate.pdf

Bill status (please note bill has been referred to 3 committees):
http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0601-0650/ab_604_bill_20130909_status.html

Senate page (to check agenda items):
http://senate.ca.gov/

Please contact PAN if you have any questions.

*** Remember to support PAN. Your contributions are always tax-deductible. ***

Sincerely,

Degé Coutee
Executive & Program Director
Patient Advocacy Network

@PAN4Compassion
www.CannabisSavesLives.org
(323) 334-5282

PAN is a charitable 501(c)(3) organization

  This nicely formatted contact list for members of the California state assembly and senate just came my way and I thought I'd pass it along. I recommend holding saving this email for future lobbying reference, and maybe printing yourself out a copy of the relevant portion.

Love & Liberty,
                                ((( starchild )))

P.S. - While you have this list at hand, you might take a minute to send an email or make a call or two to some of your representatives and urge them to vote NO on AB 604, a well-meaning but flawed bill from San Francisco Democratic assemblyman Tom Ammiano that would create a new state regulatory structure for marijuana regulation. See analysis from cannabis activist Dave Hodges below on why this is not a good change, along with the text of the legislation.

From: Dave Hodges <dave@...>
Date: September 11, 2013 11:49:55 AM PDT
To: "savecannabis@..." <SaveCannabis@...>, ocnorml <ocnorml@yahoogroups.com>, SFBayCannabisCommunity@yahoogroups.com
Subject: [SFBayCannabisCommunity] Contact Info for California Legislators
Reply-To: SFBayCannabisCommunity@yahoogroups.com

Here's a list of the contact info for the California legislators.

More info can be found here: http://maplight.org/california/legislator

Legislator Name

Phone

Fax

Email

Website

Alex Padilla

(916) 651-4020

(916) 324-6645

senator.padilla@...

http://www.sen.ca.gov/padilla

Allan Mansoor

(916) 319-2068

(916) 319-2168

assemblymember.mansoor@...

http://arc.asm.ca.gov/member/68

Anthony Cannella

(916) 651-4012

(916) 445-0773

senator.cannella@...

http://www.senate.ca.gov/cannella

Ben Hueso

(916) 319-2079

(916) 319-2179

assemblymember.hueso@...

http://democrats.assembly.ca.gov/members/a79/

Bill Emmerson

(916) 651-4037

(916) 327-2187

senator.emmerson@...

http://www.senate.ca.gov/emmerson

Bill Monning

(916) 319-2027

(916) 319-2127

assemblymember.monning@...

http://democrats.assembly.ca.gov/members/a27/

Bob Huff

(916) 651-4029

(916) 324-0922

senator.huff@...

http://www.sen.ca.gov/huff

Bob Wieckowski

(916) 319-2020

(916) 319-2120

assemblymember.wieckowski@...

http://asmdc.org/members/a20/

Bonnie Lowenthal

(916) 319-2054

(916) 319-2154

assemblymember.lowenthal@...

http://democrats.assembly.ca.gov/members/a54/

Brian Jones

(916) 319-2077

(916) 319-2177

assemblymember.jones@...

http://arc.asm.ca.gov/member/77

Brian Nestande

(916) 319-2064

(916) 319-2164

assemblymember.nestande@...

http://arc.asm.ca.gov/member/64/

Carol Liu

(916) 651-4021

(916) 324-7543

senator.liu@...

http://www.sen.ca.gov/liu

Connie Conway

(916) 319-2034

(916) 319-2134

assemblymember.conway@...

http://arc.asm.ca.gov/member/34/

Curt Hagman

(916) 319-2060

(916) 319-2160

assemblymember.hagman@...

http://arc.asm.ca.gov/member/60/

Dan Logue

(916) 319-2003

(916) 319-2103

assemblymember.logue@...

http://arc.asm.ca.gov/member/3/

Darrell Steinberg

(916) 651-4006

(916) 323-2263

senator.steinberg@...

http://www.sen.ca.gov/steinberg

Das Williams

(916) 319-2035

(916) 319-2135

assemblymember.williams@...

http://democrats.assembly.ca.gov/members/a35/

Diane Harkey

(916) 319-2073

(916) 319-2173

assemblymember.harkey@...

http://arc.asm.ca.gov/member/73/

Ed Hernandez

(916) 651-4024

(916) 445-0485

senator.hernandez@...

http://www.senate.ca.gov/hernandez

Ellen Corbett

(916) 651-4010

(916) 327-2433

senator.corbett@...

http://www.sen.ca.gov/corbett

Fran Pavley

(916) 651-4023

(916) 324-4823

senator.pavley@....gov

http://www.sen.ca.gov/pavley

Henry Perea

(916) 319-2031

(916) 319-2131

assemblymember.perea@...

http://democrats.assembly.ca.gov/members/a31/

Holly Mitchell

(916) 319-2047

(916) 319-2147

assemblymember.mitchell@assembly.ca.gov

http://democrats.assembly.ca.gov/members/a47/

Isadore Hall

(916) 319-2052

(916) 319-2152

assemblymember.hall@...

http://democrats.assembly.ca.gov/members/a52/

Jean Fuller

(916) 651-4018

(916) 322-3304

senator.fuller@...

http://www.senate.ca.gov/fuller

Jeff Gorell

(916) 319-2037

(916) 319-2137

assemblymember.gorell@...

http://arc.asm.ca.gov/member/37

Jerry Hill

(916) 319-2019

(916) 319-2119

assemblymember.hill@...

http://democrats.assembly.ca.gov/members/a19/

Jim Beall

(916) 319-2024

(916) 319-2124

assemblymember.beall@...

http://democrats.assembly.ca.gov/members/a24/

Jim Nielsen

(916) 319-2002

(916) 319-2102

assemblymember.nielsen@...

http://arc.asm.ca.gov/member/2/

Joan Buchanan

(916) 319-2015

(916) 319-2115

assemblymember.buchanan@...

http://democrats.assembly.ca.gov/members/a15/

Joel Anderson

(916) 651-4036

senator.anderson@...

http://www.senate.ca.gov/anderson

John Perez

(916) 319-2046

(916) 319-2146

assemblymember.john.perez@...

http://democrats.assembly.ca.gov/members/a46/

Katcho Achadjian

(916) 319-2033

(916) 319-2133

assemblymember.achadjian@...

http://arc.asm.ca.gov/member/33

Kevin De Leon

(916) 651-4022

(916) 327-8817

senator.deleon@...

http://www.senate.ca.gov/deleon

Kristin Olsen

(916) 319-2025

(916) 319-2125

assemblymember.olsen@...

http://arc.asm.ca.gov/member/25

Leland Yee

(916) 651-4008

(916) 327-2186

senator.yee@senate.ca.gov

http://www.sen.ca.gov/yee

Lois Wolk

(916) 651-4005

(916) 323-2304

senator.wolk@...

http://www.sen.ca.gov/wolk

Loni Hancock

(916) 651-4009

(916) 327-1997

senator.hancock@...

http://www.sen.ca.gov/hancock

Lou Correa

(916) 651-4034

(916) 323-2323

senator.correa@...

http://www.sen.ca.gov/correa

Luis Alejo

(916) 319-2028

(916) 319-2128

assemblymember.alejo@...

http://asmdc.org/members/a28/

Manuel Perez

(916) 319-2080

(916) 319-2180

assemblymember.manuel.perez@...

http://democrats.assembly.ca.gov/members/a80/

Mariko Yamada

(916) 319-2008

(916) 319-2108

assemblymember.yamada@...

http://democrats.assembly.ca.gov/members/a08/

Mark DeSaulnier

(916) 651-4007

(916) 445-2527

senator.desaulnier@...

http://www.sen.ca.gov/desaulnier

Mark Leno

(916) 651-4003

(916) 445-4722

senator.leno@...

http://www.sen.ca.gov/leno

Mark Wyland

(916) 651-4038

(916) 446-7382

senator.wyland@...

http://www.sen.ca.gov/wyland

Marty Block

(916) 319-2078

(916) 319-2178

assemblymember.block@assembly.ca.gov

http://democrats.assembly.ca.gov/members/a78/

Mike Gatto

(916) 319-2043

(916) 319-2143

assemblymember.gatto@...

http://asmdc.org/members/a43/

Mike Morrell

(916) 319-2063

(916) 319-2163

assemblymember.morrell@assembly.ca.gov

http://arc.asm.ca.gov/member/63

Mimi Walters

(916) 651-4033

(916) 445-9754

senator.walters@senate.ca.gov

http://www.sen.ca.gov/walters

Nancy Skinner

(916) 319-2014

(916) 319-2114

assemblymember.skinner@....gov

http://democrats.assembly.ca.gov/members/a14/

Nora Campos

(916) 319-2023

(916) 319-2123

assemblymember.campos@asm.ca.gov

http://asmdc.org/members/a23/

Noreen Evans

(916) 651-4002

(916) 323-6958

senator.evans@...

http://www.senate.ca.gov/evans

Norma Torres

(916) 319-2061

(916) 319-2161

assemblymember.torres@...

http://democrats.assembly.ca.gov/members/a61/

Paul Fong

(916) 319-2022

(916) 319-2122

assemblymember.fong@...

http://democrats.assembly.ca.gov/members/a22/

Ricardo Lara

(916) 319-2050

(916) 319-2150

assemblymember.lara@assembly.ca.gov

http://democrats.assembly.ca.gov/members/a50/

Rich Gordon

(916) 319-2021

(916) 319-2121

assemblymember.gordon@...

http://asmdc.org/members/a21/

Richard Pan

(916) 319-2005

(916) 319-2105

assemblymember.pan@assembly.ca.gov

http://asmdc.org/members/a05/

Rod Wright

(916) 651-4025

(916) 445-3712

senator.wright@...

http://www.sen.ca.gov/wright

Roger Dickinson

(916) 319-2009

(916) 319-2109

assemblymember.dickinson@...

http://asmdc.org/members/a09/

Roger Hernandez

(916) 319-2057

(916) 319-2157

assemblymember.hernandez@...

http://democrats.assembly.ca.gov/members/a57/

Ron Calderon

(916) 651-4030

(916) 327-8755

senator.calderon@senate.ca.gov

http://www.sen.ca.gov/calderon

Shannon Grove

(916) 319-2032

(916) 319-2132

assemblymember.grove@....gov

http://arc.asm.ca.gov/member/32

Steve Knight

(916) 319-2036

(916) 319-2136

assemblymember.knight@...

http://arc.asm.ca.gov/member/36/

Susan Bonilla

(916) 319-2011

(916) 319-2111

assemblymember.bonilla@...v

http://asmdc.org/members/a11/

Ted Gaines

(916) 651-4001

(916) 324-2680

senator.gaines@...

http://www.sen.ca.gov/gaines

Ted Lieu

(916) 651-4028

(916) 323-6056

Senator.Lieu@...

http://www.senate.ca.gov/lieu

Tim Donnelly

(916) 319-2059

(916) 319-2159

assemblymember.donnelly@...

http://arc.asm.ca.gov/member/59

Tom Ammiano

(916) 319-2013

(916) 319-2113

assemblymember.ammiano@...

http://democrats.assembly.ca.gov/members/a13/

Tom Berryhill

(916) 651-4014

(916) 327-3523

senator.berryhill@...

http://www.senate.ca.gov/berryhill

Toni Atkins

(916) 319-2076

(916) 319-2176

assemblymember.atkins@...

http://democrats.assembly.ca.gov/members/a76/

Wesley Chesbro

(916) 319-2001

(916) 319-2101

assemblymember.chesbro@...

http://democrats.assembly.ca.gov/members/a01/

From: Dave Hodges <dave@...>
Date: September 10, 2013 7:40:56 PM PDT
To: "savecannabis@..." <SaveCannabis@...>
Subject: [Save Cannabis] Full text of AB 604
Reply-To: savecannabis@...

There are some major issues with this bill. Without going into all the details of why AB 604 is not a viable option for medical cannabis patients, my three biggest concerns are:

#1) The bill will repeal provisions that protect and prohibit the prosecution of qualified patients, persons with valid identification cards, and designated primary caregivers who associate in California, collectively or cooperatively, to cultivate marijuana for medical purposes. (Link)

#2) This bill does NOT prevent a city or county from adopting local ordinances that ban the location, operation, or establishment of a cannabis dispensary. (Link)

#3) Why would the California Department of Alcoholic Beverage Control (A.B.C.) be in charge of medicine? I could understand Adult use being regulated by A.B.C. but most people expect Medicine and Medical services to be regulated by the California Department of Public Health. (Link)

Here is the full text so you can read it for yourself:

Assembly Bill No. 604
Introduced by Assembly Member Ammiano
(Principal coauthors: Senators Steinberg and Leno)
February 20, 2013

An act to amend Sections 2220.05, 2242, and 2264 of, and to add Chapter 18 (commencing with Section 26000) to Division 9 of, the Business and Professions Code, and to amend Section 11362.7 of, and to amend and repeal Section 11362.775 of, the Health and Safety Code, relating to medical cannabis, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 604, as amended, Ammiano. Medical cannabis: state regulation and enforcement.

Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 6, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law enacted by the Legislature, commonly referred to as the Medical Marijuana Program Act, requires the establishment of a program for the issuance of identification cards to qualified patients so that they may lawfully use marijuana for medical purposes, and requires the establishment of guidelines for the lawful cultivation of marijuana grown for medical use.

The Medical Practice Act provides for the regulation and licensing of physicians and surgeons by the Medical Board of California and requires the board to prioritize investigations and prosecutions of physicians and surgeons representing the greatest threat of harm, as specified. Existing law identifies the cases that are to be given priority, which include cases of repeated acts of excessively prescribing, furnishing, or administering controlled substances without a good faith prior examination of the patient. Existing law makes it unprofessional conduct for a physician and surgeon to prescribe, dispense, or furnish dangerous drugs without an appropriate prior examination and medical indication. Existing law also makes it unprofessional conduct to employ, aid, or abet an unlicensed person in the practice of medicine. Existing law generally makes any person who violates these provisions guilty of a misdemeanor.

This bill would enact the Medical Cannabis Regulation and Control Act and would create the Division of Medical Cannabis Regulation and Enforcement within the Department of Alcoholic Beverage Control, to be administered by a person exempt from civil service who is appointed by the Director of Alcoholic Beverage Control. The bill would grant the department the exclusive power to register persons for the cultivation, manufacture, testing, transportation, storage, distribution, and sale of medical cannabis within the state subject to specified exemptions for a city or county. The bill would provide that the director and persons employed by the department to administer and enforce its provisions are peace officers. The bill would prescribe requirements for the issuance, renewal, suspension, and revocation of mandatory commercial registrations and fees in relation to these activities. The bill would permit the department to assist statewide taxation authorities in the development of uniform policies for the taxation of mandatory commercial medical cannabis registrants and to assist in the development of regulation in connection with work safety in this industry. The bill would authorize the division to establish a grant program for the purpose of funding medical cannabis regulation and enforcement.

The bill would establish the Medical Cannabis Regulation Fund and would require deposit of fees into the fund. The bill would continuously appropriate moneys within the fund to the division for the purposes of administering the program. The bill would require the deposit of penalty money into the General Fund.

The bill would require the department, on or before January 1, 2015, to issue regulations as necessary for the implementation and enforcement of mandatory commercial medical cannabis registration, as specified, and would prescribe requirements for provisional registrations to be operative January 1, 2014. The bill would prohibit approval of a mandatory commercial registration for specified reasons, including if a licensed physician making patient recommendations for medical cannabis is an interested party in the proposed operation, and would prohibit a physician from recommending medical cannabis to a patient while he or she is a mandatory commercial registrant, or associated, as specified, with a mandatory commercial registrant. The bill would provide that certain patient and caregiver information is excluded from disclosure to the public. The bill would provide that the actions of a mandatory commercial registrant or provisional registrant, its employees, and its agents that are permitted pursuant to a valid mandatory commercial registration issued by the division and that are conducted in accordance with the requirements of the act are not unlawful, as specified. The bill would provide a similar immunity for a property owner who allows his or her property to be used by a mandatory commercial registrant or provisional registrant.

The bill would require the department to work in conjunction with law enforcement entities throughout the state to implement and enforce the rules and regulations regarding medical cannabis and to take appropriate action against businesses and individuals that fail to comply with the law. The bill would prohibit, on and after January 1, 2015, a person other than a mandatory commercial registrant from selling cannabis or cannabis products or performing other actions related to cannabis, except as specified. The bill would provide that its provisions do not affect local zoning ordinances or laws of general application. The bill would make certain violations of its provisions a crime, thereby imposing a state-mandated local program. The bill would create a Medical Cannabis Appeals Board to which a person aggrieved by any final decision of the department could appeal. The bill would authorize the department to delegate authority to administrative law judges. The bill would prescribe a procedure for these appeals and for the review of an order of the appeals board by the courts. The bill would establish requirements for the transportation of medical cannabis. The bill would specify that its provisions are severable.

The bill would specify that recommending marijuana to patients without a good faith examination and medical reason is unprofessional conduct and is a type of case that should be given priority for investigation and prosecution by the Medical Board of California, as described above. The bill would also specify that employment by, or an agreement with, a mandatory medical cannabis registrant to provide recommendations for medical marijuana constitutes unprofessional conduct. By broadening the definition of a crime, the bill would impose a state-mandated local program. The bill would repeal, 90 days after the department posts a specified notice on its Internet Web site, the provisions described above prohibiting prosecution of qualified patients, persons with valid identification cards, and designated primary caregivers who associate in California, collectively or cooperatively, to cultivate marijuana for medical purposes.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.

This act shall be known, and may be cited, as the Medical Cannabis Regulation and Control Act.

SEC. 2.

(a) The Legislature finds and declares all of the following:

(1) In 1996, the people of the State of California enacted the Compassionate Use Act of 1996, codified in Section 11362.5 of the Health and Safety Code. The people of the State of California declared that their purpose in enacting the measure was, among other things, “to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.”

(2) The Compassionate Use Act of 1996 called on state government to implement a plan for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.

(3) In 2003, the Legislature enacted the Medical Marijuana Program Act (MMPA), codified in Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code. Under the guidance of the MMPA, approximately 60 California cities and counties have created medical marijuana access ordinances that can act as a guide for the state. However, many other cities and counties are calling for more guidance and regulation from the state and have passed bans or moratoria on medical marijuana cultivation and distribution while awaiting this guidance.

(4) Greater certainty and uniformity are urgently needed regarding the rights and obligations of medical marijuana facilities, and for the imposition and enforcement of regulations to prevent unlawful cultivation and the diversion of marijuana to nonmedical use.

(5) Despite the passage of the Compassionate Use Act of 1996 and the MMPA, because of the lack of an effective statewide system for regulating and controlling medical marijuana, local law enforcement officials have been confronted with uncertainty about the legality of some medical marijuana cultivation and distribution activities. The current system of collectives and cooperatives makes law enforcement difficult and endangers patient safety because of an inability to monitor the supply of medical marijuana in the state and the lack of quality control, testing, and labeling requirements. As a result, many cities and counties have passed local ordinances that in some cases ban the cultivation or distribution of medical marijuana.

(6) For the protection of all Californians, the state must act to regulate and control medical marijuana and not preempt local government ordinances. Cities and counties should be allowed to impose reasonable local taxes and enact reasonable zoning regulations and other restrictions applicable to the cultivation and distribution of medical marijuana based on local needs. In order to provide patients with access to safe medical marijuana products, while at the same time preventing diversion of marijuana to nonmedical uses and protecting the public, it is necessary to amend the MMPA and to establish a comprehensive structure for regulating the cultivation, production, and distribution of medical marijuana products.

(7) A state entity shall be created to regulate and control the mandatory registration of all entities involved in the commercial cultivation, processing, manufacturing, testing, transportation, distribution, and sale of medical marijuana in this state. Patients and their primary caregivers shall continue to be allowed to cultivate medical marijuana for the personal medical purposes of the individual patient, but only medical marijuana produced in compliance with this act may be sold or commercially distributed.

(8) This act is not intended to prevent cities and counties from imposing reasonable local taxes and enacting reasonable zoning regulations and other restrictions applicable to the commercial cultivation and distribution of medical marijuana based on local needs.

(9) It is the intent of the Legislature that the state entity created to regulate and control medical marijuana solicit input from cities and counties that have local ordinances or regulations allowing for the registering, permitting, or licensing of medical marijuana businesses, dispensaries, or other entities involved in providing medical marijuana to patients in the process of promulgating standards and regulations pursuant to this act.

(10) The provisions of this act are enacted pursuant to the powers reserved to the State of California and its people under the Tenth Amendment to the United States Constitution.

(11) Nothing in this act is intended to require any individual or entity to engage in any conduct that violates federal law or to exempt anyone from any requirement of federal law or to pose any obstacle to federal enforcement of federal law.

(b) It is therefore the intent of the Legislature, in enacting this act, to accomplish all of the following:

(1) To establish a statewide system for regulating and controlling commercial medical cannabis activities by creating a state entity to enact and enforce regulations governing the cultivation, processing, manufacturing, testing, transportation, distribution, and sale of commercial medical cannabis.

(2) To allow cities and counties to enact reasonable zoning regulations or other restrictions applicable to the cultivation, processing, manufacturing, testing, and distribution of commercial medical cannabis based on local needs.

(3) To establish the Division of Medical Cannabis Regulation and Enforcement to be located within the Department of Alcoholic Beverage Control to provide a governmental agency that will ensure the strict, honest, impartial, and uniform administration and enforcement of the medical cannabis laws throughout the state.

(4) To fulfill the promise of the Compassionate Use Act of 1996 to “implement a plan for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.”

(5) To establish a statewide registration process for commercial medical cannabis activities to identify for law enforcement which entities are exempt from state criminal penalties.

(6) To reduce the cost of commercial medical cannabis enforcement by controlling commercial medical cannabis production and distribution through comprehensive statewide regulation and providing law enforcement guidelines to more easily determine whether or not a person is acting in conformance with the state’s medical cannabis laws.

SEC. 3.

Section 2220.05 of the Business and Professions Code is amended to read:

2220.05.

(a) In order to ensure that its resources are maximized for the protection of the public, the Medical Board of California shall prioritize its investigative and prosecutorial resources to ensure that physicians and surgeons representing the greatest threat of harm are identified and disciplined expeditiously. Cases involving any of the following allegations shall be handled on a priority basis, as follows, with the highest priority being given to cases in the first paragraph:

(1) Gross negligence, incompetence, or repeated negligent acts that involve death or serious bodily injury to one or more patients, such that the physician and surgeon represents a danger to the public.

(2) Drug or alcohol abuse by a physician and surgeon involving death or serious bodily injury to a patient.

(3) Repeated acts of clearly excessive prescribing, furnishing, or administering of controlled substances, or repeated acts of prescribing, dispensing, or furnishing of controlled substances, or recommending marijuana to patients for medical purposes, without a good faith prior examination of the patient and medical reason therefor. However, in no event shall a physician and surgeon prescribing, furnishing, or administering controlled substances for intractable pain consistent with lawful prescribing, including, but not limited to, Sections 725, 2241.5, and 2241.6 of this code and Sections 11159.2 and 124961 of the Health and Safety Code, be prosecuted for excessive prescribing and prompt review of the applicability of these provisions shall be made in any complaint that may implicate these provisions.

(4) Sexual misconduct with one or more patients during a course of treatment or an examination.

(5) Practicing medicine while under the influence of drugs or alcohol.

(b) The board may by regulation prioritize cases involving an allegation of conduct that is not described in subdivision (a). Those cases prioritized by regulation shall not be assigned a priority equal to or higher than the priorities established in subdivision (a).

(c) The Medical Board of California shall indicate in its annual report mandated by Section 2312 the number of temporary restraining orders, interim suspension orders, and disciplinary actions that are taken in each priority category specified in subdivisions (a) and (b).

SEC. 4.

Section 2242 of the Business and Professions Code is amended to read:

2242.

(a) Prescribing, dispensing, or furnishing dangerous drugs as defined in Section 4022, or recommending marijuana to a patient for medical purposes, without an appropriate prior examination and a medical indication, including an in-person examination when recommending marijuana, constitutes unprofessional conduct.

(b) No licensee shall be found to have committed unprofessional conduct within the meaning of this section if, at the time the drugs were prescribed, dispensed, or furnished, any of the following applies:

(1) The licensee was a designated physician and surgeon or podiatrist serving in the absence of the patient’s physician and surgeon or podiatrist, as the case may be, and if the drugs were prescribed, dispensed, or furnished only as necessary to maintain the patient until the return of his or her practitioner, but in any case no longer than 72 hours.

(2) The licensee transmitted the order for the drugs to a registered nurse or to a licensed vocational nurse in an inpatient facility, and if both of the following conditions exist:

(A) The practitioner had consulted with the registered nurse or licensed vocational nurse who had reviewed the patient’s records.

(B) The practitioner was designated as the practitioner to serve in the absence of the patient’s physician and surgeon or podiatrist, as the case may be.

(3) The licensee was a designated practitioner serving in the absence of the patient’s physician and surgeon or podiatrist, as the case may be, and was in possession of or had utilized the patient’s records and ordered the renewal of a medically indicated prescription for an amount not exceeding the original prescription in strength or amount or for more than one refill.

(4) The licensee was acting in accordance with Section 120582 of the Health and Safety Code.

SEC. 5.

Section 2264 of the Business and Professions Code is amended to read:

2264.

The employing, directly or indirectly, the aiding, or the abetting of any unlicensed person or any suspended, revoked, or unlicensed practitioner to engage in the practice of medicine, including employment by, or other agreement with, a mandatory commercial registrant acting pursuant to the Medical Cannabis Regulation and Control Act or a dispensary to provide recommendations for medical marijuana, or any other mode of treating the sick or afflicted which requires a license to practice constitutes unprofessional conduct.

SEC. 6.

Chapter 18 (commencing with Section 26000) is added to Division 9 of the Business and Professions Code, to read:

Chapter 18. Medical Cannabis Regulation

Article 1. General Provisions

26000.

(a) It is the intent of the Legislature in enacting this chapter to provide for the comprehensive regulation of the commercial cultivation, manufacturing, testing, transportation, distribution, and sale of medical cannabis and the enforcement of laws relating to commercial medical cannabis activities.

(b) This chapter is an exercise of the police powers of the state for the protection of the safety, welfare, health, peace, and morals of the people of the state.

26001.

Subject to the authority of a city or county pursuant to Section 26010, the state shall have the exclusive right and power to regulate and register persons for the cultivation, manufacture, testing, transportation, storage, distribution, sale, purchase, and possession of medical cannabis within the state. In the exercise of these rights and powers, the Legislature shall not constitute the state or any of its agencies as a cultivator, manufacturer, transporter, tester, or seller of medical cannabis.

26002.

For the purpose of this chapter:

(a) “Cannabis” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. “Cannabis” also means the separated resin, whether crude or purified, obtained from marijuana.

(b) “Department” means the Department of Alcoholic Beverage Control.

(c) “Dispensary” means a mandatory commercial registrant that dispenses cannabis or medical cannabis products through a retail storefront.

(d) “Division” means the Division of Medical Cannabis Regulation and Enforcement.

(e) “Fund” means the Medical Cannabis Regulation Fund established pursuant to Section 26028.

(f) “Identification program” means the universal identification certificate program for mandatory commercial registrants.

(g) “Mandatory commercial registrant” or “registrant” means any individual, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, syndicate, or any other group or combination thereof acting as a unit to commercially cultivate, process, possess, store, manufacture, test, transport, distribute, or sell medical cannabis in compliance with this chapter, other than a patient or a patient’s primary caregiver, as defined by the Compassionate Use Act of 1996, growing, possessing, storing, manufacturing, transporting, or providing medical cannabis exclusively for the personal medical purposes of individual patients as defined in subdivision (b) of Section 26050.

(h) “Medical cannabis product” means any cannabis product, including concentrates and extractions, that is cultivated, processed, packaged, and distributed in full compliance with the requirements of this chapter and with any regulations adopted by the department pursuant to its rulemaking authority. “Medical cannabis product” includes medically infused products that contain medical cannabis and are intended for oral or topical consumption by a qualified patient.

(i) “Person” includes any individual, firm, copartnership, joint adventure, association, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.

(j) “Testing and labeling” means mandatory labeling and a quality assurance plan in place that addresses all of the following:

(1) Potency.

(2) Chemical residue.

(3) Microbiological contaminants.

(4) Random sample testing of medical cannabis and medical cannabis products.

(5) Handling, care, and storage.

(6) Date and location of production and manufacturing.

26010.

This chapter does not prevent a city or county from doing any of the following:

(a) Adopting local ordinances that ban or regulate the location, operation, or establishment of a cannabis dispensary.

(b) The civil or criminal enforcement of the ordinances described in subdivision (a).

(c) Establishing a reasonable fee for the operation of a mandatory commercial registrant within its jurisdiction.

(d) Enacting other laws consistent with this chapter.

Article 2. Administration

26020.

(a) There is hereby created in the Department of Alcoholic Beverage Control the Division of Medical Cannabis Regulation and Enforcement. The division shall be administered by a person exempt from the civil service who is appointed by the director.

(b) The department shall have the exclusive power, consistent with the provisions of this chapter, to register persons for the cultivation, manufacture, testing, transportation, storage, distribution, and sale of medical cannabis within the state and to collect registration fees in connection with these actions.

26022.

The department shall have all power necessary for administration of this chapter, including, but not limited to, the following:

(a) Establishing statewide standards for the commercial cultivation, manufacturing, testing, transportation, storage, distribution, and sale of medical cannabis and medical cannabis products and procedures for the issuance, renewal, suspension, and revocation of registrations of mandatory commercial registrants.

(b) Establishing a scale of application, registration, and renewal fees, to be imposed by the state, for mandatory commercial registrants for the cultivation, manufacturing, testing, transportation, distribution, and sale of medical cannabis and medical cannabis products. The department may charge separate fees for each mandatory commercial registration application for cultivation, manufacturing, transportation, distribution, and sale. The total fees imposed pursuant to this chapter shall be reasonable and based on the actual costs of administering and enforcing this chapter.

(c) The department shall make and prescribe those reasonable rules as may be necessary or proper to carry out the purposes and intent of this chapter and to enable it to exercise the powers and perform the duties conferred upon it by this chapter and in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the performance of its duties, the department has the powers as set forth in Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.

(d) Approving or denying mandatory commercial registration applications for cultivation, manufacturing, testing and labeling, transportation, distribution, and sale of medical cannabis pursuant to this chapter.

(e) The department shall have the power, in its discretion, to deny, suspend, revoke, or fine any registration issued pursuant to this chapter if the department determines, for good cause, that the granting or continuance of the registration would be contrary to public welfare or morals or that a person holding or seeking a registration has violated any law prohibiting conduct involving moral turpitude.

(f) Imposing any penalty authorized by this chapter or any rule or regulation adopted pursuant to this chapter.

(g) Taking any reasonable action with respect to a mandatory commercial registration application in accordance with procedures established pursuant to this chapter.

(h) Upon the denial of any application for a registration, the department shall notify the applicant in writing. After service of the notice and within the time prescribed by the department, the applicant may present his or her written petition for a registration to the department. Upon receipt by the department of a petition for a registration in proper form, the petition shall be set for hearing.

(i) (1) For any hearing held pursuant to this chapter, the department may delegate the power to hear and decide to an administrative law judge appointed by the director. Any hearing before an administrative law judge shall be pursuant to the procedures, rules, and limitations prescribed in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(2) Prior to suspending, revoking, or fining any registration, the department shall file an accusation as provided for in Section 11503 of the Government Code, and the registrant may request a hearing.

(j) Developing any forms, identification certificates, and applications that are necessary or convenient in the reasonable discretion of the department for the administration of this chapter or any of the rules or regulations adopted pursuant to this chapter.

(k) Overseeing the operation of the Medical Cannabis Regulation Fund established pursuant to Section 26028.

(l) Establishing reasonable fees for processing all applications, registrations, notices, or reports required to be submitted to the department. The amount of the fees shall reflect, but shall not exceed, the direct and indirect costs of the department for the administration of this chapter and the rules or regulations adopted pursuant to this chapter.

(m) The department may consult with other state agencies, departments, or public or private entities for the purposes of establishing statewide standards and regulations.

26024.

(a) The department may assist state taxation authorities in the development of uniform policies for the taxation of mandatory commercial registrants.

(b) The department shall assist the Division of Occupational Safety and Health in the Department of Industrial Relations in the development of industry-specific regulations related to commercial medical cannabis activities.

26028.

(a) The Medical Cannabis Regulation Fund is hereby established within the State Treasury. Notwithstanding Section 16305.7 of the Government Code, the fund shall include any interest and dividends earned on the money in the fund.

(b) All fees collected pursuant to this chapter shall be deposited into the Medical Cannabis Regulation Fund. Notwithstanding Section 13340 of the Government Code, all moneys within the fund are hereby continuously appropriated, without regard to fiscal year, to the department solely for the purposes of fully funding and administering this chapter, including, but not limited to, the costs incurred by the department for its administrative expenses.

(c) All moneys collected pursuant to this chapter as a result of penalties imposed under this division shall be deposited directly into the General Fund, to be available upon appropriation.

(d) The department may establish and administer a grant program to allocate moneys from the Medical Cannabis Regulation Fund to state and local entities for the purpose of assisting with commercial medical cannabis regulation and the enforcement of this chapter.

26030.

(a) The director and the persons employed by the department for the administration and enforcement of this chapter are peace officers in the enforcement of the penal provisions of this chapter, the rules of the department adopted under the provisions of this chapter, and any other penal provisions of law of this state prohibiting or regulating the cultivation, processing, storing, manufacturing, testing, transporting, or selling of medical cannabis, and these persons are authorized, while acting as peace officers, to enforce any penal provisions of law while in the course of their employment.

(b) The director, the persons employed by the department for the administration and enforcement of this chapter, peace officers listed in Section 830.1 of the Penal Code, and those officers listed in Section 830.6 of the Penal Code while acting in the course and scope of their employment as peace officers may, in enforcing the provisions of this chapter, visit and inspect the premises of any mandatory commercial registrant at any time during which the registrant is acting pursuant to the registration.

(c) Peace officers of the Department of the California Highway Patrol, members of the University of California and California State University police departments, and peace officers of the Department of Parks and Recreation, as defined in subdivisions (a), (b), (c), and (f) of Section 830.2 of the Penal Code, may, in enforcing this chapter, visit and inspect the premises of any mandatory commercial registrant located on state property at any time during which the registrant is acting pursuant to the registration.

26034.

(a) Information identifying the names of patients, their medical conditions, or the names of their primary caregivers received and contained in records kept by the department for the purposes of administering this chapter are confidential and exempt from the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and or not subject to disclosure to any individual or private entity, except as necessary for authorized employees of the State of California to perform official duties pursuant to this chapter:

(b) (1) Nothing in this section precludes the following:

(A) Division employees notifying state or local law enforcement about information submitted to the division that the employee suspects is falsified or fraudulent.

(B) Notifications from the division to state or local law enforcement about apparent criminal violation of this chapter.

(C) Verification of requests by state or local law enforcement to confirm registrants and certificates issued by the division or other state agency.

(D) Provision of information requested pursuant to a court order or subpoena issued by a court.

(2) Information shall not be disclosed beyond what is necessary to achieve the limited goals of a specific investigation or the parameters of a specific court order or subpoena.

Article 3. Mandatory Commercial Registration

26040.

(a) On or before January 1, 2015, the department shall promulgate regulations necessary for the implementation and enforcement of this chapter. These regulations shall be reasonable and shall include:

(1) Procedures for the issuance, renewal, suspension, and revocation of mandatory commercial registrations.

(2) Application, registration, and renewal forms and fees consistent with this act.

(3) Time periods, not to exceed 90 days, by which the department shall approve or deny an application for medical cannabis registration.

(4) Qualifications for registrants.

(5) Security requirements, including, but not limited to, procedures for limiting access to facilities and for the screening of employees. The department shall require all registrants to maintain an accurate roster of any employee’s name, date of birth, and relevant personally identifying information, which shall be available for inspection by the department or state or local law enforcement upon demand.

(6) Testing and labeling requirements, including, but not limited to, disclosure of the active cannabinoid profile, constituent elements, active ingredients, and results of testing for contaminants.

(7) Health and safety requirements, including, but not limited to, prohibitions on shipping or distribution of products containing microbiological, bacterial, pathogenic yeast or mold counts, or any adulterant or contaminant, that exceed levels to be determined by the department.

(8) Inspection and tracking requirements, including, but not limited to, an electronic production and inventory tracking system that will allow the department to monitor inventory data at every level of the cultivation, processing, and distribution system through a secure, Internet Web site-based portal.

(9) Storage, packaging, and transportation procedures and protocols.

(10) Advertising restrictions and requirements.

(11) Requirements to ensure conformance with applicable state statutory environmental, agricultural, and food and product safety requirements. The department may consult with the California Environmental Protection Agency to determine whether additional regulations should be issued in order to protect the state’s clean water and environment, including, but not limited to, protections related to land conversion, grading, water diversion and pond development, and agricultural discharges.

(12) Requirements to prevent the diversion of cannabis to nonmedical use, including procedures and protocols for disposal of excess, contaminated, adulterated, or deteriorated products.

(13) Civil penalties for the failure to comply with regulations adopted pursuant to this chapter.

(b) A mandatory commercial registration application or renewal shall not be approved if the department determines any of the following:

(1) The applicant fails to meet the requirements of this chapter or any regulation adopted pursuant to this chapter, including any applicable city or county ordinance or regulation.

(2) The applicant, or any of its officers or directors, is under 21 years of age.

(3) The applicant has knowingly answered a question or request for information falsely on the application form or failed to provide information requested.

(4) The applicant, or any of its officers or directors, has been convicted in the previous five years of a violent felony, as specified in subdivision (c) of Section 667.5 of the Penal Code, a serious felony as specified in subdivision (c) of Section 1192.7 of the Penal Code, a felony offense involving fraud or deceit, or any other felony that, in the department’s estimation, would impair the applicant’s ability to appropriately operate as a mandatory commercial registrant.

(5) The applicant, or any of its officers or directors, is a licensed physician making patient recommendations for medical cannabis.

(6) The applicant, or any of its officers or directors, has been sanctioned by the department, a city, or a county for unregistered commercial medical cannabis activities or has had a mandatory commercial registration revoked in the previous three years.

(7) A sufficient number of mandatory commercial registrants already exists in the state, a city, or a county to provide a sufficient amount of medical cannabis to satisfy patients’ medical use in that jurisdiction.

(c) (1) In order to protect the public safety and provide patients with prompt, safe access to medical cannabis during implementation of this chapter, within 180 days of January 1, 2014, the department shall issue emergency regulations consistent with this chapter that allow a qualified applicant for mandatory commercial registration to apply, be reviewed, and be registered to cultivate, process, manufacture, store, and transport medical cannabis so as to ensure an adequate supply of medical cannabis upon full implementation of this chapter.

(2) The department shall establish appropriate fees as part of its emergency regulations adopted pursuant to this chapter.

26042.

For the purpose of regulating the commercial cultivation, manufacturing, testing, transportation, distribution, and sale of medical cannabis, the department, in its reasonable discretion, may establish various classes or types of registration for specific commercial medical cannabis-related activities, as set forth in this chapter.

26043.

(a) Each mandatory commercial registration application approved by the department pursuant to this chapter is separate and distinct. An applicant may apply for mandatory commercial registration in more than one class of specified medical cannabis activities.

(b) A mandatory commercial registration application approved by the department pursuant to this chapter shall be

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