BILL NUMBER: AB 243 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2015
AMENDED IN ASSEMBLY JUNE 1, 2015
AMENDED IN ASSEMBLY APRIL 22, 2015
AMENDED IN ASSEMBLY APRIL 8, 2015
INTRODUCED BY Assembly Member Wood
( Coauthors: Assembly Members
Rendon and Williams )
FEBRUARY 5, 2015
An act to add Sections 11362.769 and 11362.777 to the Health and
Safety Code, and to add Section 13276 to the Water Code, relating to
medical marijuana. marijuana, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 243, as amended, Wood. Medical marijuana cultivation.
(1) Existing law, the Compassionate Use Act of 1996, an initiative
measure enacted by the approval of Proposition 215 at the November
5, 1996, statewide general election, authorizes the use and
cultivation of marijuana for medical purposes. Existing law makes it
a crime to plant, cultivate, harvest, dry, or process marijuana,
except as otherwise authorized by law. 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 in order collectively and
cooperatively to cultivate marijuana for medical purposes, are not
subject to criminal sanctions solely on the basis of that fact.
This bill would generally require all persons who cultivate
marijuana for medical purposes, except those cultivating for personal
use, as specified, to obtain a permit to cultivate marijuana from
the county, city, city and county, or from a state agency to be
designated by the Governor if the county, city, or city and county
chooses not to be the responsible entity for these purposes. The bill
would allow the county, city, city and county, or state agency to
charge a fee in an amount sufficient to cover the reasonable cost of
issuing the permits and carrying out the program. The bill would
prohibit marijuana from being cultivated within 100 feet of an
occupied legal residential home or school if grown outdoors, or
within 100 feet of a school if grown at a residence. The bill would
require the county, city, city and county, or designated state agency
to establish a program for the identification of permitted marijuana
plants and would allow the county, city, city and county, or state
agency to issue a unique identifier and charge a fee to cover the
reasonable costs of issuing the unique identifier, monitoring,
tracking, and inspecting the plants, and for enforcing specified
requirements. The bill would require a copy of a current and valid
state-issued medical marijuana ID card or physician recommendation to
be displayed at all cultivation sites. The bill would allow a
county, city, city and county, or designated state agency to revoke
or suspend a permit, deny the reissuance of a permit, or impose
fines, for a violation of these requirements, or abate a violation as
a nuisance. The bill would not apply to a county, city, or city and
county that has an existing ordinance pertaining to cultivation of
marijuana.
This bill would establish the Division of Medical Cannabis
Cultivation in the Department of Food and Agriculture. The bill would
authorize a county, city, or city and county to issue or deny a
conditional permit to cultivate medical marijuana and would require
an applicant to obtain both a conditional permit from the county,
city, or city and county and a state medical marijuana cultivation
license from the division prior to cultivation occurring. By
increasing the duties of local officials relative to issuing a
conditional permit to cultivate medical marijuana, the bill would
impose a state-mandated local program.
The bill would require the division to implement an identification
program for medical marijuana in consultation with the State Water
Resources Control Board and the Department of Fish and Wildlife. The
bill would authorize the division to charge a fee to cover the
reasonable costs of issuing the unique identifier and monitoring,
tracking, and inspecting each medical marijuana plant. The bill would
allow a county, city, or city and county to administer the unique
identifier program, in which case the bill would authorize the
county, city, or city and county, to charge a fee to cover the
reasonable costs of issuing the unique identifier and monitoring,
tracking, and inspecting each medical marijuana plant. The bill would
specify that the unique identifier program established pursuant the
bill's provisions does not apply to a county, city, or city and
county that has an existing ordinance pertaining to the cultivation
of marijuana that provides for the identification of individual
plants during the cultivation period.
This bill, on and after June 1, 2016, would impose a tax a
licensed medical marijuana cultivator, at the rate of $50 per medical
marijuana plant with a unique identifier. This bill would require
the tax to be administered by the State Board of Equalization, as
prescribed, and would require a licensed medical marijuana
distributor to collect the tax from the licensed medical marijuana
cultivator and remit the amounts collected pursuant to the procedures
set forth in the Fee Collection Procedures Law. By expanding the
application of the Fee Collection Procedures Law, a violation of
which is a crime, this bill would impose a state-mandated local
program. This bill would require all moneys less refunds, to be
deposited into the Marijuana Production and Environment Mitigation
Fund, which this bill would create in the State Treasury, and
continuously appropriate those moneys to the board for allocation, as
specified. The bill would require a licensed medical marijuana
cultivator to sell his or her medical marijuana products only to a
licensed medical marijuana distributor, and would prohibit any other
sales of medical marijuana by a licensed medical marijuana
cultivator. The bill would also prohibit the sale of medical
marijuana plants that do not contain a unique identifier by a
licensed cultivator to a licensed distributor.
The bill would require, on or before January 1, 2021, specified
state agencies, including, among others, the board, the division, and
the Department of Justice, to submit reports to the Legislature
regarding implementation of the bill.
The bill would specify that its provisions regarding the unique
identifier program and cultivation do not apply to certain qualified
patients cultivating marijuana if the patient cultivates marijuana
for his or her personal medical use and does not sell, distribute,
donate, or provide marijuana to any other person or entity, or to
certain primary caregivers cultivating marijuana if the primary
caregiver cultivates marijuana exclusively for the personal medical
use of no more than 5 specified qualified patients for whom he or she
is the primary caregiver and who does not receive remuneration,
except as specified.
The bill would also require indoor and outdoor medical marijuana
cultivation to be conducted in accordance with state and local laws
and best practices related to land conversion, grading, electricity
usage, water usage, water quality, woodland and riparian habitat
protection, agricultural discharges, and similar matters. This bill
would require state agencies to address environmental impacts of
medical marijuana cultivation and coordinate, when appropriate, with
cities and counties and their law enforcement agencies in enforcement
efforts.
The bill would state the intent of the Legislature that the
multiagency task force, the Department of Fish and Wildlife and State
Water Resources Control Board pilot project to address the
Environmental Impacts of Cannabis Cultivation, continue
their its enforcement efforts on a statewide
level and permanent status basis .
(2) Under existing law, the Porter-Cologne Water Quality Control
Act, the State Water Resources Control Board and the California
regional water quality control boards are the principal state
agencies with responsibility for the coordination and control of
water quality in the state.
This bill would require each regional board, and would allow the
state board, to address discharges of waste resulting from medical
marijuana cultivation and associated activities.
(3) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(4) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature that the
multiagency task force, the Department of Fish and Wildlife and State
Water Resources Control Board pilot project to address the
Environmental Impacts of Cannabis Cultivation, assigned to respond to
the damages caused from marijuana cultivation on public and private
lands in California, will continue their its
enforcement efforts on a statewide level and permanent
status basis to ensure the reduction of the
adverse impacts of marijuana cultivation on water quality and fish
and wildlife throughout the state.
SEC. 2. Section 11362.769 is added to the Health and Safety Code,
to read:
11362.769. Indoor and outdoor medical marijuana cultivation shall
be conducted in accordance with state and local laws and best
practices related to land conversion, grading, electricity usage,
water usage, water quality, woodland and riparian habitat protection,
agricultural discharges, and similar matters. State agencies,
including, but not limited to, the State Board of Forestry and Fire
Protection, the Department of Fish and Wildlife, the State Water
Resources Control Board, the California regional water quality
control boards, and traditional state law enforcement agencies shall
address environmental impacts of medical marijuana cultivation and
shall coordinate, when appropriate, with cities and counties and
their law enforcement agencies in enforcement efforts.
SEC. 3. Section 11362.777 is added to the
Health and Safety Code, to read:
11362.777. (a) A county, city, or city and county may choose not
to be the responsible entity for purposes of implementing this
section. No later than July 1, 2016, a county, city, or city and
county shall adopt an ordinance to implement this section, or shall,
by resolution, opt out of the requirements of this section. The
Governor shall designate an appropriate state agency to implement
this section in each county, city, or city and county that adopts a
resolution to opt out of the requirements of this section. For
purposes of this section, "designated state agency" means the state
agency designated by the Governor to implement this program in a
county, city, or city and county that has chosen not to be
responsible for implementing the requirements of this section.
(b) Except as provided in subdivision (d), all qualified patients
and designated primary caregivers cultivating marijuana pursuant to
Section 11362.5, and all 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 of California in order collectively or
cooperatively to cultivate marijuana for medical purposes, are
subject to all of the following:
(1) Each patient, primary caregiver, collective, or cooperative
that cultivates marijuana shall obtain a permit to cultivate
marijuana from the sheriff, chief of police, or other entity
designated by the county, city, city and county, or from the
designated state agency. Each permit shall specify the location being
permitted and the number of plants that may be grown at that
location. The county, city, city and county, or the designated state
agency may charge a fee in an amount sufficient to cover the
reasonable cost of issuing the permit and carrying out the
requirements of this section. The permits authorized by this section
shall be renewed annually.
(2) Each county, city, or city and county shall establish the
number of plants that may be cultivated on an outdoor parcel or at an
indoor facility. Except for cultivation at a residential home
pursuant to paragraph (5), cultivation shall only be permitted in
areas that are zoned specifically for the cultivation of marijuana.
In a county, city, or city and county where the requirements of this
section are being implemented by the designated state agency, the
maximum number of plants that may be cultivated at any given site
shall not exceed 99 plants. The county, city, city and county, or
designated state entity may set a maximum limit on the square footage
that may be cultivated at a single location.
(3) Marijuana cultivated outdoors shall not be cultivated within
100 feet of any occupied legal residential home or within 100 feet of
a school offering kindergarten and grades 1 to 12, inclusive,
education. A county, city, or city and county may increase this
distance, not to exceed one mile. All outdoor cultivation sites shall
be within a secure fence that is not less than six feet in height
and that fully encloses the cultivation area. All marijuana
cultivated outdoors shall be out of the public's view. Use of light
assistance for outdoor cultivation shall not exceed a maximum of
1,200 watts of lighting capacity per 100 square feet of cultivated
area.
(4) Indoor cultivation of marijuana shall not occur within 100
feet of a school offering kindergarten and grades 1 to 12, inclusive,
education.
(5) Marijuana cultivated at a residential home shall not exceed
the number of plants per home established by the county, city, or
city and county. In a county, city, or city and county where the
requirements of this section are being implemented by the designated
state agency, the maximum number of plants that may be cultivated at
a residential home shall not exceed six plants unless the county,
city, or city and county adopts an ordinance permitting a higher
number. Cultivation of marijuana that exceeds the six plants or the
number of plants per home established by the county, city, or city
and county shall be conducted in areas specifically zoned for the
cultivation of marijuana. Cultivation of marijuana at a residential
home shall not occur within 100 feet of a school offering
kindergarten and grades 1 to 12, inclusive, education. A county,
city, or city and county may increase this distance, not to exceed
one mile.
(6) All buildings where marijuana is cultivated or stored shall be
properly secured to prevent unauthorized entry.
(7) A county, city, city and county, or the designated state
agency shall establish a program for the identification of permitted
medical marijuana plants at a cultivation site during the cultivation
period. A county, city, or city and county may designate the sheriff
or chief of police to issue a unique identifier, such as, but not
limited to, a zip tie. The unique identifier shall be attached at the
base of each plant. The county, city, city and county, or designated
state agency may charge a fee to cover the reasonable costs of
issuing the unique identifier, monitoring, tracking, and inspecting
the plants, and for enforcing the requirements of Section 11362.769.
(8) A copy of a current and valid state-issued medical marijuana
ID card or physician recommendation shall be displayed at all
cultivation sites in a manner that allows law enforcement officers to
see the card or recommendation without entering a building or fenced
area.
(c) A county, city, city and county, or the designated state
agency may revoke or suspend a permit, deny the reissuance of a
permit, or impose fines for a violation of this section. A county may
also abate a violation of this section through the abatement process
established by Section 25845 of the Government Code and a city may
declare what constitutes a nuisance by ordinance pursuant to Section
38771 of the Government Code. The county, city, or city and county
may set maximum noise levels specifically related to the cultivation
of marijuana.
(d) This section does not apply to a qualified patient cultivating
marijuana pursuant to Section 11362.5 if he or she cultivates
marijuana for his or her personal medical use and does not sell,
distribute, donate, or provide marijuana to any other person or
entity. This section does not apply to a primary caregiver
cultivating marijuana pursuant to Section 11362.5 if he or she
cultivates marijuana exclusively for the personal medical use of no
more than five specified qualified patients for whom he or she is the
primary caregiver within the meaning of Section 11362.7 and who does
not receive remuneration for these activities, except for
compensation provided in full compliance with subdivision (c) of
Section 11362.765. This section does not preclude a county, city, or
city and county from regulating or banning the cultivation,
possession, storage, manufacture, transport, provision, distribution,
donation, or sale of marijuana, or any other activity, by a person
specified in this subdivision, or impair the enforcement of the same.
(e) This section does not apply to a county, city, or city and
county that has an existing ordinance pertaining to the cultivation
of marijuana, unless the county, city, or city and county adopts an
ordinance to participate in the provisions of this section.
(f) A county, city, or city and county that opts out of the
requirements of this section pursuant to subdivision (a) may adopt an
ordinance to participate in the provisions of this section at a
later date, in which case the designated state agency shall cooperate
with that local jurisdiction to phase out the designated state
agency's operation of the program.
SEC. 3. Section 11362.777 is added to the
Health and Safety Code , to read:
11362.777. (a) The Division of Medical Cannabis Cultivation is
established within the Department of Food and Agriculture. The
division shall be administered by a person appointed by the Governor
and, except as specified in subdivision (c), shall administer this
section as it pertains to the cultivation of medical marijuana.
(b) (1) A person or entity shall not cultivate medical marijuana
without first obtaining both of the following:
(A) A license, permit, or other entitlement from the county, city,
or city and county in which the cultivation will occur.
(B) A license issued by the state pursuant to this section.
(2) A person or entity shall not submit an application for a
license issued by the state pursuant to this section unless that
person or entity has received a license, permit, or other entitlement
from the county, city, or city and county in which the cultivation
will occur.
(3) A person or entity shall not submit an application for a
license issued by the state pursuant to this section if medical
marijuana is prohibited by the county, city, or city and county in
which the cultivation is proposed to occur.
(c) (1) Except as specified in paragraph (2), a county, city, or
city and county, through its current or future land use regulations
or ordinance, may issue or deny a conditional permit to cultivate
medical marijuana. A county, city, or city and county may inspect the
intended cultivation site for suitability prior to issuing a
conditional permit. After the city, county, or city and county have
approved a conditional permit, the applicant shall apply for a state
medical marijuana cultivation license from the division. A locally
issued conditional cultivation permit shall only become active upon
licensing by the division and receiving final local approval. A
person shall not cultivate medical marijuana prior to obtaining both
a conditional permit from the county, city, or city and county and a
state medical marijuana cultivation license from the division.
(2) If a county, city, or city and county does not have land use
regulations or ordinances pertaining to the cultivation of marijuana,
does not have a local cultivation permit process in place, or
chooses not to administer a conditional permit program, then
commencing March 1, 2016, the division shall be the sole licensing
authority for medical marijuana cultivation applicants in that
county, city, or city and county.
(d) (1) The division, in consultation with, but not limited to,
the State Water Resources Control Board and the Department of Fish
and Wildlife, shall implement a unique identification program for
medical marijuana. In implementing the program, the division shall
consider issues, including, but not limited to, water use and
environmental impacts.
(2) The division shall establish a program for the identification
of permitted medical marijuana plants at a cultivation site during
the cultivation period. The unique identifier shall be attached at
the base of each plant. A unique identifier, such as, but not limited
to, a zip tie, shall be issued for each medical marijuana plant.
(3) The division may charge a fee to cover the reasonable costs of
issuing the unique identifier and monitoring, tracking, and
inspecting each medical marijuana plant.
(e) (1) On and after June 1, 2016, there is hereby imposed a tax
on a licensed medical marijuana cultivator at the rate of $50 per
medical marijuana plant with a unique identifier. The unique
identifiers shall serve as the indicator for quantity purposes of
sales.
(2) A licensed medical marijuana distributor shall charge the
licensed medical marijuana cultivator the amount of the tax as a
charge that is separate from, and not included in, any other fee,
charge, or other amount paid by the medical marijuana distributor.
(3) The licensed medical marijuana distributor shall collect the
tax from the licensed medical marijuana cultivator at the time of
sale, and may retain reimbursement pursuant to regulations that shall
be approved by the State Board of Equalization before June 1, 2016,
for startup costs associated with the collection of the tax, to be
taken on the first return or next consecutive returns until the
entire reimbursement amount is retained.
(4) The licensed medical marijuana distributor shall separately
state the amount of the tax imposed under this subdivision on the
sales receipt given by the licensed medical marijuana distributor to
the licensed medical marijuana cultivator at the time of sale.
(5) The State Board of Equalization shall administer and collect
the tax imposed by this subdivision pursuant to the Fee Collection
Procedures Law (Part 30 (commencing with Section 55001) of Division 2
of the Revenue and Taxation Code) with those changes as may be
necessary to conform to this section. For purposes of this
subdivision, the references in the Fee Collection Procedures Law to
"fee" shall include the tax imposed by this subdivision, and
references to "feepayer" shall include the licensed medical marijuana
distributor.
(6) (A) The tax is required to be collected by a licensed medical
marijuana distributor and any amount unreturned to the licensed
medical marijuana cultivator who paid an amount in excess of the tax,
but was collected from the licensed medical marijuana cultivator
under the representation by the licensed medical marijuana
distributor that it was owed as a tax, constitutes debts owed by the
licensed medical marijuana distributor to this state.
(B) A licensed medical marijuana cultivator is liable for the tax
until it has been paid to the state, except that payment to a
licensed medical marijuana distributor relieves the licensed medical
marijuana cultivator from further liability for the tax. Any tax
collected from a licensed medical marijuana cultivator that has not
been remitted to the State Board of Equalization shall be a debt owed
to the state by the licensed medical marijuana distributor required
to collect and remit the tax. This subdivision does not impose any
obligation upon a licensed medical marijuana distributor to take any
legal action to enforce the collection of the tax imposed by this
subdivision.
(7) The State Board of Equalization may prescribe, adopt, and
enforce regulations relating to the administration and enforcement of
this subdivision, including, but not limited to, collections,
reporting, refunds, and appeals. The State Board of Equalization may
consult with the division, and the division shall provide to the
board any information necessary for the proper administration of the
tax imposed by this subdivision.
(8) (A) The tax imposed by this subdivision is due and payable to
the State Board of Equalization quarterly on or before the last day
of the month next succeeding each quarterly period.
(B) On or before the last day of the month following each
quarterly period, a return for the preceding quarterly period shall
be filed with the State Board of Equalization using electronic media,
in the form prescribed by the State Board of Equalization. Returns
shall be authenticated in a form or pursuant to methods, as
prescribed by the State Board of Equalization.
(9) (A) A licensed medical marijuana cultivator required to pay
the tax imposed under this subdivision shall register with the State
Board of Equalization. Every application for registration shall be
made in a form prescribed by the State Board of Equalization and
shall set forth the name under which the applicant transacts or
intends to transact business, the location of the person's place or
places of business, and any other information that the State Board of
Equalization may require. An application for registration shall be
authenticated in a form or pursuant to methods as may be prescribed
by the State Board of Equalization.
(B) An application for registration filed pursuant to this section
may be filed using electronic media as prescribed by the State Board
of Equalization. Electronic media includes, but is not limited to,
computer modem, magnetic media, optical disc, facsimile machine, or
telephone.
(10) A licensed medical marijuana cultivator shall sell his or her
medical marijuana products only to a licensed medical marijuana
distributor and shall not make any other sales of medical marijuana.
Medical marijuana plants that do not contain a unique identifier
shall not be sold by a licensed cultivator to a licensed distributor.
(11) The State Board of Equalization shall deposit all revenues,
less refunds, collected pursuant to this subdivision into the
Marijuana Production and Environment Mitigation Fund, which is hereby
created in the State Treasury. Notwithstanding Section 13340 of the
Government Code, all moneys deposited in the fund are hereby
continuously appropriated, without regard to fiscal years, to the
State Board of Equalization for the purposes of this section, to be
allocated by the board in the following manner:
(A) Five dollars ($5) shall go to the division to administer the
unique identifier program described in subdivision (d).
(B) Fifteen dollars ($15) shall go to the division for
disbursement to local law enforcement-related activities, state law
enforcement-related activities, or both, pertaining to illegal
marijuana cultivation. Funds allocated pursuant to this subparagraph
shall be allocated on a competitive grant application process
administered by the division. The division shall promulgate
guidelines for the grant process as soon as administratively
possible, but no later than April 1, 2016.
(C) Fifteen dollars ($15) shall go to the Natural Resources
Agency to fund a competitive grant program for environmental cleanup
and restoration of public and private lands that have been damaged
from illegal marijuana cultivation. Funds allocated pursuant to this
subparagraph shall be prioritized to restoration and cleanup
projects, on public or private lands, based on the level of damages
that have occurred. Not less than 35 percent of the funds shall be
used for these purposes related to public lands, and not less than 20
percent of the funds collected shall be used for these purposes in
regard to private lands. The agency shall consult and partner with
counties, cities, or cities and counties, and may partner with
nonprofit organizations recognized by the California Attorney General'
s office, other appropriate state agencies, and the appropriate
federal entities within the United State Department of Interior, for
the purposes of awarding grants to state or local government entities
and nonprofit organizations that engage in environmental cleanup and
restoration. The agency shall promulgate guidelines for the grant
process as soon as administratively possible, but no later than April
1, 2016.
(D) Fifteen dollars ($15) shall go to the multiagency task force,
the Department of Fish and Wildlife, and the State Water Resources
Control Board project to address the Environmental Impacts of
Cannabis Cultivation and to respond to the damages caused from
marijuana cultivation on public and private lands in California.
(f) (1) On or before January 1, 2021, the following entities shall
submit a report to the Legislature:
(A) The State Board of Equalization shall submit a report on the
total amount of revenue that was collected over the five-year time
period from the tax imposed pursuant to subdivision (e).
(B) The multiagency task force, the Department of Fish and
Wildlife, and the State Water Resources Control Board, shall submit a
report on the project to address the Environmental Impacts of
Cannabis Cultivation and how funds allocated to those entities
pursuant to subdivision (e) have been used for those purposes.
(C) The Department of Justice shall submit a report on how local
and state law enforcement agencies have used funds allocated pursuant
to subdivision (e) to address illegal marijuana cultivation and
related activates.
(D) The Natural Resources Agency shall submit a report on how
funds allocated to it pursuant to subdivision (e) have been used for
environmental cleanup and restoration of public and private lands
that have been damaged from illegal marijuana cultivation.
(2) It is the intent of the Legislature to use the reports
required by this subdivision to determine the necessity of a
readjustment to the tax imposed pursuant to subdivision (e).
(3) The reports required by this subdivision shall be submitted in
compliance with Section 9795 of the Government Code.
(g) (1) Except as specified in paragraph (3), no later than March
1, 2016, a county, city, or city and county may adopt a resolution or
ordinance to be the responsible entity for purposes of administering
the unique identification program specified in subdivision (d), in
which case, the county, city, or city and county shall designate the
appropriate entity to issue the unique identifiers. Counties may
designate the local agricultural commissioner, sheriff, or other
appropriate entity. Cities may designate the city planning and
building department, the Chief of Police, or other appropriate
entity. A county, city, or city and county may charge a fee to cover
the reasonable costs of issuing the unique identifier and monitoring,
tracking, and inspecting each medical marijuana plant.
(2) Licensed cultivators and licensed distributors shall comply
with subdivision (e) in a county, city, or city and county that
elects to administer the unique identification program pursuant to
paragraph (1).
(3) If a county, city, or city and county decides at a later date
to be the responsible entity for purposes of administering the unique
identification program specified in subdivision (d), the county,
city, or city and county may adopt an ordinance or resolution to
participate in the provisions of this subdivision at a later date,
but no later than July 1, 2018, in which case the division shall
cooperate with that local jurisdiction to phase out the division's
operation of the program.
(h) The
unique identifier program established pursuant to this section does
not apply to a county, city, or city and county that has an existing
ordinance pertaining to the cultivation of marijuana that provides
for the identification of individual plants during the cultivation
period. A county, city, or city and county may choose to opt in to
the unique identifier program administered by the division to be
eligible for funds pursuant to subdivision (e). A county, city, or
city and county that does not participate in a unique identifier
program pursuant to this section shall not be eligible for funds
pursuant to subdivision (e).
(i) This section does not apply to a qualified patient cultivating
marijuana pursuant to Section 11362.5 if he or she cultivates
marijuana for his or her personal medical use and does not sell,
distribute, donate, or provide marijuana to any other person or
entity. This section does not apply to a primary caregiver
cultivating marijuana pursuant to Section 11362.5 if he or she
cultivates marijuana exclusively for the personal medical use of no
more than five specified qualified patients for whom he or she is the
primary caregiver within the meaning of Section 11362.7 and who does
not receive remuneration for these activities, except for
compensation provided in full compliance with subdivision (c) of
Section 11362.765. This section does not preclude a county, city, or
city and county from regulating or banning the cultivation,
possession, storage, manufacture, transport, provision, distribution,
donation, or sale of marijuana, or any other activity, by a person
specified in this subdivision, or impair the enforcement of the same.
SEC. 4. Section 13276 is added to the Water Code, to read:
13276. Each regional board shall, and the State Water Resources
Control Board may, address discharges of waste resulting from medical
marijuana cultivation and associated activities, including by
adopting a general permit, establishing waste discharge requirements,
or taking action pursuant to Section 13269. In addressing these
discharges, each regional board shall include conditions to address
items that include, but are not limited to, all of the following:
(a) Site development and maintenance, erosion control, and
drainage features.
(b) Stream crossing installation and maintenance.
(c) Riparian and wetland protection and management.
(d) Soil disposal.
(e) Water storage and use.
(f) Irrigation runoff.
(g) Fertilizers and soil.
(h) Pesticides and herbicides.
(i) Petroleum products and other chemicals.
(j) Cultivation-related waste.
(k) Refuse and human waste.
(l) Cleanup, restoration, and mitigation.
SEC. 5. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SEC. 6. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to address the damage done by illegal marijuana
cultivation at the earliest time possible, it is necessary that this
act take effect immediately.