Cannabis: provisional license.
Summary
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. Existing law requires an applicant for any type of MAUCRSA license to provide a statement, signed by the applicant under penalty of perjury, that the information provided is complete, true, and accurate. Existing law requires the issuance of MAUCRSA licenses to be valid for 12 months from the date of issuance and authorizes the license to be renewed annually. MAUCRSA prohibits a licensing authority from approving an application for a state license if approval of the state license will violate the provisions of certain local ordinances or regulations. MAUCRSA, until January 1, 2019, authorizes a state licensing authority to issue a temporary license if the applicant submits, among other things, a copy of a specified authorization issued by a local jurisdiction. MAUCRSA requires the temporary license to be valid for a period of 120 days and authorizes the temporary license to be extended for additional 90-day period at the discretion of the licensing authority. MAUCRSA establishes the Cannabis Control Appeals Panel and authorizes any person aggrieved by specified decisions of a licensing authority related to disciplining any license to appeal the licensing authority's written decision to the panel. MAUCRSA prohibits the refusal by the licensing authority to issue or extend a temporary license from entitling the applicant or licensee to a hearing or an appeal of the decision. This bill, until January 1, 2020, would authorize a licensing authority to issue a provisional license if specified conditions are met. By requiring additional applications to be signed under penalty of perjury, the bill would expand the scope of the crime of perjury, and would thereby impose a state-mandated local program. The bill would require the provisional annual license to be valid for 12 months and would prohibit the license from being renewed. The bill would require the provisions of MAUCRSA to apply to a provisional license in the same manner as to an annual license, except as specified. The bill would exempt the issuance of a provisional license from the California Environmental Quality Act. The bill would prohibit the refusal by the licensing authority to issue a provisional license or revocation or suspension by the licensing authority of a provisional license from entitling the applicant or licensee to a hearing or an appeal of the decision. 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. The Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure, authorizes the Legislature to amend the act to further the purposes and intent of the act with a 23 vote of the membership of both houses of the Legislature. This bill would declare that its provisions further specified purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act. This bill would declare that it is to take effect immediately as an urgency statute.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2018
Committee Review
Aug 2018
Senate Passage
Aug 2018
Assembly Passage
Aug 2018
Signed into Law
Sep 2018
Introduced Feb 16, 2018
Signed Sep 27, 2018
Floor votes · Senate Aug 31, 2018 · Assembly Aug 31, 2018
How they voted
29–4
Passed · 2 other
Total votes 35
Aug 31, 2018
D
Democratic24
100% Yea
R
Republican11
45% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
39
Key actions
13
Committee
14
Amendments
3
Sep 27, 2018
Signed into law
Approved by the Governor.
legislature
Aug 31, 2018
Assembly · Passed
Assembly Vote: pass (67-1-5)
assembly
Aug 31, 2018
Upper · Passed
Assembly amendments concurred in. (Ayes 33. Noes 4. Page 6174.) Ordered to engrossing and enrolling.
upper
Aug 31, 2018
Upper · Passed
Urgency clause adopted.
upper
Aug 31, 2018
Upper · Passed
From committee: That the Assembly amendments be concurred in. (Ayes 8. Noes 0. Page 6198.)
upper
Aug 31, 2018
Upper · Passed
From committee: Be re-referred to Com. on B., P. & E.D. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 6145.) Re-referred to Com. on B., P. & E.D.
upper
Aug 31, 2018
Committee
Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(d).
upper
Aug 31, 2018
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 29, 2018
Lower · Passed
From committee: Do pass. (Ayes 18. Noes 1.) (August 29).
lower
Aug 27, 2018
Committee
Re-referred to Com. on B. & P. pursuant to Assembly Rule 77.2.
lower
Aug 24, 2018
Committee
Re-referred to Coms. on AGRI. and B. & P. pursuant to Assembly Rule 77.2.
lower
Aug 24, 2018
Lower · Passed
Read third time and amended.
lower
Aug 8, 2018
Lower · Passed
From committee: Do pass. (Ayes 13. Noes 4.) (August 8).
lower
Jun 28, 2018
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (June 27). Re-referred to Com. on APPR.
lower
Jun 7, 2018
Committee
Referred to Com. on AGRI.
lower
Apr 30, 2018
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
upper
Apr 23, 2018
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Apr 19, 2018
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 4696.) (April 17).
upper
Apr 12, 2018
Committee
Re-referred to Com. on AGRI.
upper
Mar 8, 2018
Committee
Referred to Com. on RLS.
upper
Feb 16, 2018
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 3 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Anthony Cannella
RRepublican
Co
Cathleen Galgiani
DDemocratic
Co
JW
Jim Wood
DDemocratic
Co
Mike McGuire
DDemocratic
Ask Maddy
·
AI policy assistant
Ask Maddy about SB 1459
Scope: CA
Hi! I can help you understand SB 1459. What would you like to know?
Try one of these
i
Maddy answers using official bill text and legislative records. Always verify before sharing.
Sources cited inline