Unauthorized cannabis activity reduction grants: local jurisdiction restrictions on cannabis delivery.
Summary
(1) Existing law, the Compassionate Use Act of 1996 (CUA) , provides that a patient or a patient's primary caregiver who possesses or cultivates marijuana for personal medical purposes of the patient upon the written or oral recommendation or approval of a physician is not subject to conviction for offenses relating to possession and cultivation of marijuana. The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative statute approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person 21 years of age or older to engage in specified activities related to the personal use of cannabis or cannabis products, subject to certain restrictions, as specified. AUMA also 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, the California Uniform Controlled Substances Act, makes the cultivation, manufacture, transportation, possession, and sale of cannabis a crime, except as provided. This bill would require the Board of State and Community Corrections to create and administer a program of grants to be made on a competitive basis to cities, counties, and joint powers authorities to establish or expand an enforcement program against unauthorized cannabis activity, as defined, and provide consumer education about the difference between licensed or legal cannabis activity and unlicensed or illegal cannabis activity. The bill would require the board to create an evaluation design for unauthorized cannabis activity reduction grants that assesses the effectiveness of the grant programs in reducing cannabis-related crime and increasing public knowledge of cannabis regulation and, commencing January 1, 2022, and annually thereafter until January 1, 2025, to submit a report to the Legislature based on the evaluation design. The bill would authorize the board to use up to 2.5% of the money appropriated for this program for administration of the grant program and the development of the evaluation component. (2) MAUCRSA generally authorizes a local jurisdiction to adopt and enforce local ordinances to regulate licensed businesses located within the local jurisdiction. MAUCRSA prohibits a local jurisdiction from preventing the delivery of cannabis or cannabis products on public roads by a licensee who is acting in compliance with MAUCRSA as well as any local law adopted pursuant to MAUCRSA. This bill would authorize a local jurisdiction to adopt an ordinance or resolution that permits, restricts, limits, or bans the delivery of cannabis or cannabis products to a location within its jurisdictional boundaries. (3) AUMA authorizes the Legislature to amend its provisions with a 23 vote of both houses to further its purposes and intent. This bill would make specified findings and declare that its provisions further the purposes and intent of AUMA.
Bill status
failed
1 of 4 stages cleared
Introduction
Feb 2019
Committee Review
Floor Vote
Governor
Introduced Feb 22, 2019
Last action Feb 3, 2020
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
7
Key actions
1
Committee
2
Mar 21, 2019
Committee
Referred to Coms. on B. & P. and PUB. S.
lower
Feb 23, 2019
Lower · Passed
From printer. May be heard in committee March 25.
lower
Feb 22, 2019
Introduced
Introduced. To print.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Ken Cooley
DDemocratic
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