Medical cannabis.

(1) Existing law requires the classification of goods and services to conform to the classifications adopted by the United States Patent and Trademark Office. This bill would, notwithstanding that provision, for purposes of those marks for which a certificate of registration is issued on or after January 1, 2017, authorize the use of specified marks related to medical cannabis goods and services that are lawfully in commerce in the state. (2) Existing law, the Medical Cannabis Regulation and Safety Act, establishes the licensing and regulation of medical cannabis by the Bureau of Medical Cannabis Regulation. The act requires the Department of Food and Agriculture, in consultation with the bureau, to adopt a track and trace program for reporting the movement of medical cannabis items throughout the distribution chain, as specified. The act defines various terms for these purposes. This bill would change certain definitions and make the bureau, commencing January 1, 2023, subject to review by the appropriate policy committees of the Legislature. The bill would require the State Board of Equalization, in conjunction with the Department of Business Oversight, to form an advisory group made up of representatives from financial institutions, nonbank financial service providers, the medical cannabis industry, law enforcement, and state and federal banking regulators to examine strategies such as integrated point-of-sale systems with state track and trace systems and other measures that will improve financial monitoring of medical cannabis businesses. The bill would require the board, in conjunction with the department, by July 1, 2017, to submit a report to the Legislature with recommendations that will improve financial monitoring of medical cannabis businesses. (3) Under the act, a city, county, or city and county is authorized to adopt an ordinance that establishes standards, requirements, and regulations for local licenses and permits for commercial marijuana activity that exceed statewide standards. The act, with certain exceptions, provides a city full power and authority to enforce the provisions of the act for facilities issued a state license that are located within the incorporated area of a city, if delegated by the state. The bill would generally prohibit a city, county, or city and county from adopting an ordinance for packaging safety standards that exceeds statewide standards and would require the State Department of Public Health to establish uniform statewide packaging safety standards. The bill would authorize a city to contract in writing with the county in which it is located to arrange for the county to fulfill any regulatory functions relating to licensees within the city limits if the county agrees to assume such responsibility. (4) Existing law requires a cultivator, manufacturer, and all licensees holding a producing dispensary license in addition to a cultivator or manufacturing license to send all medical cannabis and medical cannabis products cultivated or manufactured to a distributor for presale quality assurance and inspection by a distributor and for batch testing by a testing laboratory prior to distribution to a dispensary. This bill would require the Bureau of Medical Cannabis Regulation to specify the manner in which medical cannabis and medical cannabis products meant for wholesale purposes are required to be packaged and sealed prior to transport, testing, quality assurance, quality control testing, or distribution. The bill would authorize the bureau to establish advertising, marketing, signage, and other labeling requirements and restrictions, as specified, and to place conditions on a license restricting advertising, marketing, and other promotion by the licensee. The bill would require, one year after the bureau posts a notice on its Internet Web site that the licensing authorities have commenced issuing licenses, that all advertisements for licensees include the valid state license number of the licensee. The bill would prohibit a licensee from displaying an advertisement that shows the consumption of medical cannabis while driving or operating machinery. (5) The act generally establishes categories of licenses that may be issued and limits a licensee to holding a state license in up to 2 separate license categories, except as specified. The act provides that, upon licensure, a business shall not be subject to that limitation in a jurisdiction that adopted a local ordinance, prior to July 1, 2015, allowing or requiring qualified businesses to cultivate, manufacture, and dispense medical marijuana or medical marijuana products, with all commercial marijuana activity being conducted by a single qualified business. The act repeals these provisions on January 1, 2026. This bill would instead make the above provision regarding the exemption in a jurisdiction that adopted a local ordinance inoperative on January 1, 2026. (6) The act specifically establishes a "dispensary license," to be issued by the bureau, and requires a licensed dispensary to implement sufficient security measures, to both deter and prevent unauthorized entrance into areas containing medical cannabis or medical cannabis products and theft of medical cannabis or medical cannabis products at the dispensary, including, but not limited to, establishing limited access areas accessible only to authorized dispensary personnel. This bill would require dispensaries to implement the additional security measure of requiring all medical cannabis and medical cannabis products used for display purposes, samples, or immediate sale to be stored out of reach of any individual who is not employed by the dispensary. (7) The act requires the State Department of Public Health to promulgate regulations governing the licensing of manufacturers. This bill would require the department to establish minimum security requirements for the storage of medical cannabis products at the manufacturing site. (8) The act prohibits a licensed testing laboratory from acquiring or receiving medical cannabis products except from a licensee and prohibits a licensed testing laboratory from distributing, delivering, transferring, transporting, or dispensing medical cannabis or medical cannabis products, as specified. This bill would prohibit a licensed testing laboratory from transferring or transporting medical cannabis or medical cannabis products from the licensed premises from which the medical cannabis or medical cannabis products were acquired or received. (9) Under the act, each licensing authority is required to establish a scale of application, licensing, and renewal fees based on the cost of enforcing the act. This bill would specify that these fees shall be in addition to, and shall not limit, any fees or taxes imposed by any city, county, or city and county in which the licensee operates. (10) Existing law authorizes the University of California to create the California Marijuana Research Program, the purpose of which is to develop and conduct studies intended to ascertain the general medical safety and efficacy of marijuana, and if found valuable, to develop medical guidelines for the appropriate administration and use of marijuana. This bill would provide that it is not a violation of state law or any local ordinance or regulation for a business, with a valid business licenses, or research institution that has state authorization to engage in the research of medical cannabis, medical cannabis products, or devices used for the medical use of cannabis or cannabis products, to possess, transport, purchase, or otherwise legally obtain, as specified, small amounts of medical cannabis or medical cannabis products to conduct research and development related to medical cannabis or medical cannabis products. The bill would require a business or research institution engaged in the research of medical cannabis to obtain written authorization from its local jurisdiction that it has met all requirements of the local ordinance to conduct research on medical cannabis, medical cannabis products, or devices used for the medical use of cannabis or cannabis products. The bill would provide that it is not a violation of state law for a licensee to sell medical cannabis or medical cannabis products in an amount not to exceed 8 ounces per month to a business or research institution engaged in the research of medical cannabis if the business or research institution provides to the licensee a copy of the written authorization to conduct research within its jurisdiction and a copy of the local ordinance, zoning variance, conditional use permit, or other authorization, and would require the licensee to keep on file that written authorization for at least 3 years and make it available upon request to local authorities for auditing purposes. The bill would require all medical cannabis or medical cannabis products subject to these provisions to be obtained from a licensee permitted to dispense or deliver the medical cannabis or medical cannabis product. (11) The California Seed Law regulates seed sold in California, and prohibits a city, county, or district from adopting or enforcing an ordinance that regulates plants, crops, or seeds without the consent of the Secretary of Food and Agriculture. This bill would provide that an ordinance that regulates cannabis or marijuana, or medical cannabis or medical marijuana, as defined, shall not require the consent of the secretary. (12) Under existing law, 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 collectively or cooperatively in order to cultivate cannabis for medical purposes are not, solely on that basis, subject to certain criminal penalties, including unauthorized possession, cultivation, and transportation of marijuana. This exception expires one year after the Bureau of Medical Cannabis Regulation posts a notice on its Internet Web site that the bureau has commenced issuing licenses pursuant to the act and existing law is repealed on the date the bureau issues a license. This bill would specify that a collective or cooperative subject to this exception may operate on a for-profit basis, a not-for-profit basis, or any combination thereof, but would provide the protections of the exception to for-profit collectives and cooperatives only if they have a valid Board of Equalization seller's permit and a valid local license, permit, or other authorization. The bill would additionally provide that a collective or cooperative that cultivates cannabis and manufactures medical cannabis products is not, solely on that basis, subject to certain criminal penalties if specified requirements are met, including that the collective or cooperative is in possession of a valid seller's permit issued by the State Board of Equalization. The bill would provide that it is unlawful to display an advertisement, as defined, for 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 in order collectively or cooperatively to cultivate cannabis for medical purposes, without first verifying a valid Board of Equalization issued seller's permit. The bill would make a violation of that provision an infraction, punishable by a fine of $500 for the first offense and $1,000 for each subsequent offense. By creating a new crime, the bill would impose a state-mandated local program. (13) Existing law provides that a qualified patient or a person with an identification card, a designated primary caregiver, and any individual who provides assistance to a qualified patient or a person with an identification card, or his or her designated primary caregiver, are not, solely on that basis, subject to certain criminal penalties, including unauthorized possession, cultivation, and transportation of marijuana. Existing law specifies that this provision does not authorize any individual or group to cultivate or distribute marijuana. This bill would instead specify that this provision does not authorize any individual or group to cultivate or distribute cannabis in any manner other than set forth in the Medical Cannabis Regulation and Safety Act or in the Compassionate Use Act of 1996. (14) 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.