California 2009-2010 Regular Session Status: Enacted

AB 2650 — Medical marijuana.

Last action — Chaptered by Secretary of State - Chapter 603, Statutes of 2010.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2010. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    1 primary, 4 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law added by initiative, the Compassionate Use Act of 1996, prohibits any physician from being punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes. The act prohibits the provisions of law making unlawful the possession or cultivation of marijuana from applying to a qualified patient, the qualified patient's primary caregiver, or an individual who provides assistance to the qualified patient or the qualified patient's primary caregiver, who possesses, cultivates, or distributes marijuana for the personal medical purposes of the qualified patient upon the written or oral recommendation or approval of a physician. Existing statutory law requires the State Department of Public Health to establish and maintain a voluntary program for the issuance of identification cards to qualified patients and establishes procedures under which a qualified patient with an identification card may use marijuana for medical purposes. Existing law regulates qualified patients, a qualified patient's primary caregiver, and individuals who provide assistance to the qualified patient or the qualified patient's primary caregiver, as specified. A violation of these provisions is generally a misdemeanor. This bill would provide that no medical marijuana cooperative, collective, dispensary, operator, establishment, or provider authorized by law to possess, cultivate, or distribute medical marijuana that has a storefront or mobile retail outlet which ordinarily requires a local business license shall be located within a 600-foot radius of any public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, except as specified. The bill also would provide that local ordinances, adopted prior to January 1, 2011, that regulate the location or establishment of these medical marijuana establishments would not be preempted by its provisions; and that nothing in the bill shall prohibit a city, county, or city and county from adopting ordinances that further restrict the location or establishment of these medical marijuana establishments. The bill would express a legislative finding and declaration that establishing a uniform standard regulating the proximity of these medical marijuana establishments to schools is a matter of statewide concern and not a municipal affair and that, therefore, all cities and counties, including charter cities and charter counties, shall be subject to the provisions of the bill. By creating a new crime, this bill would impose a state-mandated local program. 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 603, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 3 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 68. Noes 6. Page 6225.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 13 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 28. Noes 2. Page 4458.)

  7. Read second time. To third reading.

  8. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  9. In committee: Hearing postponed by committee.

  10. Read second time and amended. Re-referred to Com. on APPR.

  11. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 30).

  12. From committee: Do pass, and re-refer to Com. on L. GOV. Re-referred. (Ayes 4. Noes 2.) (June 29).

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  14. Referred to Coms. on PUB. S. and L. GOV.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time, passed, and to Senate. (Ayes 54. Noes 15. Page 5561.)

  17. Read second time. To third reading.

  18. Read second time and amended. Ordered returned to second reading.

  19. From committee: Amend, and do pass as amended. (Ayes 15. Noes 2.) (May 28).

  20. In committee: Set, first hearing. Referred to APPR. suspense file.

  21. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 2.) (April 22).

  22. Joint Rule 62(a), file notice suspended. (Page 4777.)

  23. In committee: Hearing postponed by committee.

  24. Re-referred to Com. on PUB. S.

  25. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  26. In committee: Set, first hearing. Hearing canceled at the request of author.

  27. Re-referred to Com. on PUB. S.

  28. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  29. Referred to Coms. on PUB. S. and HEALTH.

  30. Read first time.

  31. From printer. May be heard in committee March 23.

  32. Introduced. To print.

Sponsors

  • Buchanan · Primary
  • Carter · Cosponsor
  • Portantino · Cosponsor
  • Torres · Cosponsor
  • Torrico · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 4 co-sponsors · 117 not signed on · 3 voted No

Sponsors (1)

  • Buchanan

Co-sponsors (4)

  • Carter
  • Portantino
  • Torres
  • Torrico

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 79 Yea · 6 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 74605
Democratic 2001
Republican 3000
Total 79606
% of votes cast 87%7%0%7%
How each member voted (91)
Member Party Vote
Carter — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Harkey — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Anderson — Yea
Block — Yea
Coto — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Ruskin — Yea
Silva — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Chesbro — Nay
Charles — Not Voting
Evans — Not Voting
Nava — Nay
Norby — Nay
Ammiano — Nay
Bass — Not Voting
Blakeslee — Not Voting
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Nay
Beall — Nay
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Lieu — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torrico — Yea
Davis — Not Voting
DeVore — Yea
Yamada — Yea
Fuller — Yea
Garrick — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 29 Yea · 2 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 27207
Republican 1000
Democratic 1001
Total 29208
% of votes cast 74%5%0%21%
How each member voted (39)
Member Party Vote
Hancock — Yea
Cogdill — Yea
Corbett — Yea
Ducheny — Yea
Dutton — Yea
Yee — Nay
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Leno — Nay
McLeod — Yea
Oropeza — Not Voting
Price — Not Voting
Simitian — Yea
Steinberg — Yea
Walters — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Ashburn — Yea
Kehoe — Yea
Liu — Yea
Pavley — Yea
Romero — Not Voting
Wiggins — Not Voting
Cedillo — Not Voting
Wyland — Not Voting
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 63 Yea · 16 Nay · 12 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 5915011
Republican 1101
Total 6316012
% of votes cast 69%18%0%13%
How each member voted (91)
Member Party Vote
Charles — Yea
Bass — Yea
Block — Yea
Eng — Yea
Evans — Nay
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Chesbro — Nay
Conway — Yea
Coto — Yea
Fuentes — Yea
Bill — Nay
Fuller — Yea
Galgiani — Yea
Tom — Not Voting
Garrick — Not Voting
Hagman — Yea
Fletcher — Not Voting
Ammiano — Nay
Beall — Nay
Blakeslee — Not Voting
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Nay
Lieu — Yea
Mendoza — Yea
Miller — Nay
Nestande — Yea
Norby — Nay
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Audra — Not Voting
Adams — Nay
Anderson — Nay
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Not Voting
Logue — Yea
Ma — Yea
Monning — Not Voting
Nava — Not Voting
Nielsen — Yea
Silva — Nay
Smyth — Not Voting
Swanson — Yea
Torrico — Yea
Carter — Yea
Cook — Not Voting
Emmerson — Nay
Feuer — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Furutani — Yea
Gilmore — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Not Voting

Official roll call →

Do pass as amended.

Passed 16 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15200
Democratic 1000
Total 16200
% of votes cast 89%11%0%0%
How each member voted (18)
Member Party Vote
Charles — Yea
Conway — Yea
Fuentes — Yea
Harkey — Yea
Ammiano — Nay
Miller — Yea
Monning — Yea
Nielsen — Yea
Norby — Nay
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Bradford — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 2650 do?
Existing law added by initiative, the Compassionate Use Act of 1996, prohibits any physician from being punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes. The act prohibits the provisions of law making unlawful the possession or cultivation of marijuana from applying to a qualified patient, the qualified patient's primary caregiver, or an individual who provides assistance to the qualified patient or the qualified patient's primary caregiver, who possesses, cultivates, or distributes marijuana for the personal medical purposes of the qualified patient upon the written or oral recommendation or approval of a physician. Existing statutory law requires the State Department of Public Health to establish and maintain a voluntary program for the issuance of identification cards to qualified patients and establishes procedures under which a qualified patient with an identification card may use marijuana for medical purposes. Existing law regulates qualified patients, a qualified patient's primary caregiver, and individuals who provide assistance to the qualified patient or the qualified patient's primary caregiver, as specified. A violation of these provisions is generally a misdemeanor. This bill would provide that no medical marijuana cooperative, collective, dispensary, operator, establishment, or provider authorized by law to possess, cultivate, or distribute medical marijuana that has a storefront or mobile retail outlet which ordinarily requires a local business license shall be located within a 600-foot radius of any public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, except as specified. The bill also would provide that local ordinances, adopted prior to January 1, 2011, that regulate the location or establishment of these medical marijuana establishments would not be preempted by its provisions; and that nothing in the bill shall prohibit a city, county, or city and county from adopting ordinances that further restrict the location or establishment of these medical marijuana establishments. The bill would express a legislative finding and declaration that establishing a uniform standard regulating the proximity of these medical marijuana establishments to schools is a matter of statewide concern and not a municipal affair and that, therefore, all cities and counties, including charter cities and charter counties, shall be subject to the provisions of the bill. By creating a new crime, this bill would impose a state-mandated local program. 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.
Who sponsors AB 2650?
AB 2650 is sponsored by Buchanan, Carter, Portantino, Torres, and Torrico.
What is the current status of AB 2650?
This bill has been enacted into law. Introduced February 19, 2010. Enacted.
Where can I track AB 2650?
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