Marijuana Control and Regulation Act of 2010.

Existing state law provides that every person who possesses, sells, transports, or cultivates marijuana, concentrated cannabis, or derivatives of marijuana, except as authorized by law, is guilty of one or more crimes. This bill would remove marijuana and its derivatives from existing statutes defining and regulating controlled substances. The bill would instead provide for regulation by the Department of Alcoholic Beverage Control of the possession, cultivation, and other conduct relating to marijuana and its derivatives, not including medical marijuana, by persons 21 years of age and older, for specified purposes. The bill would set up a wholesale and retail marijuana sales regulation program to be administered and enforced by the department, to commence after regulations concerning the program have been issued by the department. The bill would ban local and state assistance in enforcing inconsistent federal and other laws relating to marijuana. The bill would provide for penalties for violations of its provisions regarding new marijuana laws and regulations, as specified. By creating various crimes for violations of regulations and laws created by this act, this bill would impose a state-mandated local program. 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. This bill would become operative only if Proposition 19 is adopted at the November 2, 2010, statewide general election.