AB 3261 California Assembly · 2017-2018 Regular Session

Cannabis.

Summary
(1) The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, and renamed the Bureau of Marijuana Control the Bureau of Cannabis Control. This bill would make nonsubstantive changes to reflect the name change of the Bureau of Cannabis Control, and would make other conforming changes to reflect the consolidation of the licensure and regulation of commercial medicinal and adult-use cannabis activities. (2) MAUCRSA defines various terms for purposes of the act. MAUCRSA also allows the issuance of a microbusiness license for the cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer, provided the licensee can demonstrate compliance with all requirements imposed by MAUCRSA on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities. This bill would define a microbusiness for purposes of the act consistent with that licensing authorization and make other related nonsubstantive changes. (3) MAUCRSA defines an applicant for purposes of the act to be an owner applying for a state license. That act requires, when applying for a state license, among other things, each owner to electronically submit to the Department of Justice fingerprint images for specified purposes. This bill would make a clarifying change to the fingerprint requirement. (4) MAUCRSA requires the Department of Food and Agriculture, in consultation with the Bureau of Cannabis Control, to establish a track and trace program for reporting the movement of cannabis and cannabis products throughout the distribution chain that utilizes a unique identifier to be issued for each cannabis plant. MAUCRSA requires the Department of Food and Agriculture, in consultation with the State Board of Equalization, to ensure that the track and trace program can track and trace the amount of the cannabis cultivation tax imposed by AUMA and to create an electronic database containing the electronic shipping manifests to facilitate the administration of the track and trace program. Existing law, on July 1, 2017, transferred to the California Department of Tax and Fee Administration the various duties, powers, and responsibilities of the State Board of Equalization except for those duties, powers, and responsibilities imposed or conferred upon the board by the California Constitution, as specified. That transfer of duties, powers, and responsibilities includes the administration of the cannabis excise tax and cannabis cultivation tax. This bill would make a nonsubstantive, conforming change to MAUCRSA to reflect the transfer of duties, powers, and responsibilities of the board to the California Department of Tax and Fee Administration. (5) This bill would incorporate additional changes to Section 27 of the Business and Professions Code proposed by SB 1483 and SB 1491 to be operative only if this bill and either or both SB 1483 and SB 1491 are enacted and this bill is enacted last. The bill would incorporate additional changes to Section 26051.5 of the Business and Professions Code proposed by AB 2799 and AB 2980 to be operative only if this bill and either or both AB 2799 and AB 2980 are enacted and this bill is enacted last. This bill would make its proposed changes to Section 26070 of the Business and Professions Code inoperative if AB 2255 is enacted. The bill would make its proposed changes to Section 101 of the Business and Professions Code inoperative if AB 3110, SB 1482, SB 1483, or any combination thereof, is enacted.
Bill status signed all 5 stages cleared
Introduction
Apr 2018
Committee Review
Aug 2018
Assembly Passage
May 2018
Senate Passage
Aug 2018
Signed into Law
Sep 2018
Introduced Apr 2, 2018 Signed Sep 20, 2018
Floor votes · Senate Aug 28, 2018 · Assembly Aug 30, 2018

How they voted

34–0
Passed · 1 other
Total votes 35
Aug 28, 2018
D Democratic24
23 Yea 1
95% Yea
R Republican11
11 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
30
Key actions
9
Committee
7
Amendments
5
Sep 20, 2018
Signed into law
Approved by the Governor.
legislature
Aug 30, 2018
Assembly · Passed
Assembly Vote: pass (69-0-4)
assembly
Aug 29, 2018
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 6911.).
lower
Aug 28, 2018
Senate · Passed
Senate Vote: pass (34-0-1)
senate
Aug 28, 2018
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.
lower
Aug 24, 2018
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Jul 3, 2018
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 5 pursuant to Assembly Rule 77.
lower
Jun 26, 2018
Upper · Passed
From committee: Do pass. To Consent Calendar. (Ayes 9. Noes 0.) (June 25).
upper
Jun 19, 2018
Upper · Passed
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.
upper
May 24, 2018
Committee
Referred to Com. on B., P. & E.D.
upper
May 8, 2018
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 8).
lower
May 3, 2018
Committee
Re-referred to Com. on B. & P.
lower
May 2, 2018
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
lower
Apr 12, 2018
Committee
Referred to Com. on B. & P.
lower
Apr 3, 2018
Lower · Passed
From printer. May be heard in committee May 3.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Evan Low
Evan Low
DDemocratic
CA
26