SENATE RULES COMMITTEE
Office of Senate Floor Analyses
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Bill No: SB 439
Author: Steinberg (D) and Leno (D)
Amended: 4/1/13
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 5-2, 4/30/13
AYES: Hancock, Block, De León, Liu, Steinberg
NOES: Anderson, Knight
SUBJECT: Medical marijuana
SOURCE: Author
DIGEST: This bill provides that a cooperative, collective or other business entity that operates within the Attorney General’s “Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use” (guidelines) will not be subject to prosecution for marijuana possession or commerce, as specified.
ANALYSIS:
Existing law:
1. The Compassionate Use Act of 1996, includes the following purposes:
A. To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where such use is deemed appropriate and has been recommended by a physician for treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.
B. To ensure that patients and primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution.
C. To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.
2. The Compassionate Use Act of 1996, also provides:
A. The act shall not be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes.
B. No physician in California shall be punished or denied any right or privilege for recommending medical marijuana to a patient.
C. Penal laws relating to the possession of marijuana and the cultivation of marijuana shall not apply to a patient, or to a patient’s primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.
3. Provides that qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions under existing law.
4. Directs the Attorney General to develop and adopt appropriate guidelines to ensure the security and nondiversion of medical marijuana. Section IV of the guidelines concern collectives and cooperatives.
5. Prohibits any medical marijuana cooperative, collective, dispensary, operator, establishment, or provider who possess, cultivates, or distributes medical marijuana, as specified, from being located within 600 feet of a school. There are specified exceptions for medical or elder care facilities, local ordinances adopted prior to enactment of the state standard and for later adopted ordinances that are more restrictive than state law.
6. Allows cities or other local governing bodies to adopt and enforce local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective, as follows:
A. A local government entity may enforce a medical marijuana ordinance through civil or criminal remedies and actions.
B. A local government entity may enact other laws consistent with the Medical Marijuana Program, as specified.
This bill provides that for any medical marijuana collective, cooperative, or other business entities that comply with medical marijuana guidelines published by the Attorney General, the following shall apply:
1. The cooperative, collective or businesses entity, and the employees, officers and members thereof shall be exempt from criminal prosecution and nuisance abatement actions, as specified.
2. The fact that a cooperative, collective or businesses entity, including an employee, officer or member thereof, receives compensation for actual expenses for activities carried out within the guidelines published by the Attorney General shall not be subject to prosecution under Health and Safety Code Sections 11359 and 11360, relating to possessing, transporting or furnishing marijuana.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 5/3/13)
American Civil Liberties Union
California Attorneys for Criminal Justice
California Norml
Drug Policy Alliance
Marijuana Policy Project
Mayor of Sacramento
Mayor of San Diego
OPPOSITION: (Verified 5/3/13)
California Narcotics Officers’ Association
California Police Chiefs Association
International Faith Based Coalition
ARGUMENTS IN SUPPORT: According to the author:
The legality of medical marijuana collectives, cooperatives, and other related business entities is ambiguous under current state law, resulting in needless arrests and prosecutions. Local governments have banned collectives and cooperatives, rather than adopting reasonable regulations to protect public safety, prevent neighborhood nuisances, and provide for safe access for qualified patients and their primary caregivers.
Senate Bill 493 clarifies the legality of medical marijuana collectives, cooperatives, and other business entities that are organized and operated in compliance with the 2008 Attorney General “Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use.” Specifically, the bill provides that a cooperative, collective or other entity that operates within the Attorney General’s guidelines shall not be subject to prosecution for marijuana possession or commerce. Further, the entity and its employees, officers and members shall not be subject to prosecution 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 439 provides a focused solution that clarifies state law. This simple fix is compatible with, and may be enacted independently of, any other legislation that may provide a more comprehensive solution to state medical marijuana issues. While it is beyond our reach to resolve the conflict between federal and state law, we are still responsible for resolving existing ambiguities in state law that are within our power to fix.
ARGUMENTS IN OPPOSITION: The California Narcotic Officers Association and the California Police Chiefs Association state that this bill “will expand the distribution of what is classified under Proposition 215 as medical marijuana in California. Proposition 215 is very clear that marijuana may be cultivated or provided by qualified patients, or by caregivers. Proposition 215 did not authorize cultivation or distribution of marijuana by any other entities.
“Senate Bill 439 dramatically changes that state of affairs by evidently permitting ‘collectives, or cooperatives,’ which SB 439 permits to be ‘organized as any statutory business entity permitted under California law’ to engage in cultivation or distribution of so-called medical marijuana. The broad reference in Senate Bill 439 to ‘any statutory business entity’ carries with it the implication that medical marijuana may be cultivated and distributed for profit. This is a major expansion of Proposition 215 that is inconsistent with that original measure. In addition, state legislation permitting the sale of marijuana is in direct violation of federal law.
“The public safety consequences of permitting entire new classes of businesses to engage in medical marijuana sales - for profit - are serious. Currently medical marijuana dispensaries are a blight on neighborhoods and have been magnets for criminal activity. Law enforcement, with the assistance of the US Attorneys, has been successful in closing these dispensaries, but Senate Bill 439 would be aimed at giving legitimacy to these operations.”
JG:nl 5/3/13 Senate Floor Analyses
Office of Senate Floor Analyses
1020 N Street, Suite 524
(916) 651-1520 Fax: (916) 327-4478
SB 439
THIRD READING
Bill No: SB 439
Author: Steinberg (D) and Leno (D)
Amended: 4/1/13
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 5-2, 4/30/13
AYES: Hancock, Block, De León, Liu, Steinberg
NOES: Anderson, Knight
SUBJECT: Medical marijuana
SOURCE: Author
DIGEST: This bill provides that a cooperative, collective or other business entity that operates within the Attorney General’s “Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use” (guidelines) will not be subject to prosecution for marijuana possession or commerce, as specified.
ANALYSIS:
Existing law:
1. The Compassionate Use Act of 1996, includes the following purposes:
A. To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where such use is deemed appropriate and has been recommended by a physician for treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.
B. To ensure that patients and primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution.
C. To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.
2. The Compassionate Use Act of 1996, also provides:
A. The act shall not be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes.
B. No physician in California shall be punished or denied any right or privilege for recommending medical marijuana to a patient.
C. Penal laws relating to the possession of marijuana and the cultivation of marijuana shall not apply to a patient, or to a patient’s primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.
3. Provides that qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions under existing law.
4. Directs the Attorney General to develop and adopt appropriate guidelines to ensure the security and nondiversion of medical marijuana. Section IV of the guidelines concern collectives and cooperatives.
5. Prohibits any medical marijuana cooperative, collective, dispensary, operator, establishment, or provider who possess, cultivates, or distributes medical marijuana, as specified, from being located within 600 feet of a school. There are specified exceptions for medical or elder care facilities, local ordinances adopted prior to enactment of the state standard and for later adopted ordinances that are more restrictive than state law.
6. Allows cities or other local governing bodies to adopt and enforce local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective, as follows:
A. A local government entity may enforce a medical marijuana ordinance through civil or criminal remedies and actions.
B. A local government entity may enact other laws consistent with the Medical Marijuana Program, as specified.
This bill provides that for any medical marijuana collective, cooperative, or other business entities that comply with medical marijuana guidelines published by the Attorney General, the following shall apply:
1. The cooperative, collective or businesses entity, and the employees, officers and members thereof shall be exempt from criminal prosecution and nuisance abatement actions, as specified.
2. The fact that a cooperative, collective or businesses entity, including an employee, officer or member thereof, receives compensation for actual expenses for activities carried out within the guidelines published by the Attorney General shall not be subject to prosecution under Health and Safety Code Sections 11359 and 11360, relating to possessing, transporting or furnishing marijuana.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 5/3/13)
American Civil Liberties Union
California Attorneys for Criminal Justice
California Norml
Drug Policy Alliance
Marijuana Policy Project
Mayor of Sacramento
Mayor of San Diego
OPPOSITION: (Verified 5/3/13)
California Narcotics Officers’ Association
California Police Chiefs Association
International Faith Based Coalition
ARGUMENTS IN SUPPORT: According to the author:
The legality of medical marijuana collectives, cooperatives, and other related business entities is ambiguous under current state law, resulting in needless arrests and prosecutions. Local governments have banned collectives and cooperatives, rather than adopting reasonable regulations to protect public safety, prevent neighborhood nuisances, and provide for safe access for qualified patients and their primary caregivers.
Senate Bill 493 clarifies the legality of medical marijuana collectives, cooperatives, and other business entities that are organized and operated in compliance with the 2008 Attorney General “Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use.” Specifically, the bill provides that a cooperative, collective or other entity that operates within the Attorney General’s guidelines shall not be subject to prosecution for marijuana possession or commerce. Further, the entity and its employees, officers and members shall not be subject to prosecution 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 439 provides a focused solution that clarifies state law. This simple fix is compatible with, and may be enacted independently of, any other legislation that may provide a more comprehensive solution to state medical marijuana issues. While it is beyond our reach to resolve the conflict between federal and state law, we are still responsible for resolving existing ambiguities in state law that are within our power to fix.
ARGUMENTS IN OPPOSITION: The California Narcotic Officers Association and the California Police Chiefs Association state that this bill “will expand the distribution of what is classified under Proposition 215 as medical marijuana in California. Proposition 215 is very clear that marijuana may be cultivated or provided by qualified patients, or by caregivers. Proposition 215 did not authorize cultivation or distribution of marijuana by any other entities.
“Senate Bill 439 dramatically changes that state of affairs by evidently permitting ‘collectives, or cooperatives,’ which SB 439 permits to be ‘organized as any statutory business entity permitted under California law’ to engage in cultivation or distribution of so-called medical marijuana. The broad reference in Senate Bill 439 to ‘any statutory business entity’ carries with it the implication that medical marijuana may be cultivated and distributed for profit. This is a major expansion of Proposition 215 that is inconsistent with that original measure. In addition, state legislation permitting the sale of marijuana is in direct violation of federal law.
“The public safety consequences of permitting entire new classes of businesses to engage in medical marijuana sales - for profit - are serious. Currently medical marijuana dispensaries are a blight on neighborhoods and have been magnets for criminal activity. Law enforcement, with the assistance of the US Attorneys, has been successful in closing these dispensaries, but Senate Bill 439 would be aimed at giving legitimacy to these operations.”
JG:nl 5/3/13 Senate Floor Analyses
[FONT="]SUPPORT/OPPOSITION: SEE ABOVE[/FONT]
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