California 2011-2012 Regular Session Status: To Executive

SB 847 — Medical Marijuana Program: zoning restrictions: residential use.

Last action — Veto sustained.

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

This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the Compassionate Use Act of 1996, an initiative measure, prohibits prosecution, pursuant to provisions of law relating to the possession or cultivation of marijuana, of a patient or a patient's primary caregiver who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. Existing law, the Medical Marijuana Program, requires the State Department of Public Health to establish a voluntary program for the issuance of identification cards to patients and primary caregivers under the Compassionate Use Act, and grants immunity from arrest for violation of proscribed provisions relating to the cultivation, possession, transportation, and sale of marijuana, if conditions of the act are met. The Medical Marijuana Program prohibits a medical marijuana cooperative, collective, dispensary, operator, establishment, or provider from being located within a 600-foot radius of a school. This bill would, also, prohibit a marijuana cooperative, collective, dispensary, operator, establishment, or provider from being located within a 600-foot radius of a residential zone or residential use unless a local ordinance, which may be more or less restrictive than the standard, is passed by the city council or county board of supervisors specifically regulating the location of these establishments in relation to residential zones or residential use. The bill would define "city" for these purposes to mean a general law city, a charter city, and a city and county. The bill would declare establishment of proximity standards to be of statewide concern and not a municipal affair. By changing the definition of an existing 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. Veto sustained.

  2. Consideration of Governor's veto stricken from file.

  3. In Senate. Consideration of Governor's veto pending.

  4. Vetoed by the Governor.

  5. Enrolled and presented to the Governor at 4:30 p.m.

  6. Assembly amendments concurred in. (Ayes 34. Noes 4. Page 2152.) Ordered to engrossing and enrolling.

  7. In Senate. Concurrence in Assembly amendments pending.

  8. Read third time. Passed. (Ayes 68. Noes 5. Page 2591.) Ordered to the Senate.

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered to second reading.

  11. From committee: Do pass as amended. (Ayes 15. Noes 0.) (August 17).

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 29). Re-referred to Com. on APPR.

  13. From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 16. Noes 1.) (June 21). Re-referred to Com. on L. GOV.

  14. Referred to Coms. on HEALTH and L. GOV.

  15. In Assembly. Read first time. Held at Desk.

  16. Read third time. Passed. (Ayes 31. Noes 2. Page 1244.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

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

  19. Set for hearing May 23.

  20. (Corrected May 18.)

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

  22. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 886.) (May 5).

  23. Set for hearing May 5.

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

  25. From committee: Do pass and re-refer to Com. on RLS. (Ayes 6. Noes 0. Page 763.) (April 27). Re-referred to Com. on RLS.

  26. From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

  27. Set for hearing April 27.

  28. Re-referred to Coms. on GOV. & F. and HEALTH.

  29. Withdrawn from committee.

  30. Referred to Coms. on HEALTH and GOV. & F.

  31. From printer. May be acted upon on or after March 21.

  32. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Correa · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Correa

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Unfinished Business SB847 Correa Concurrence

Passed 34 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 31402
Republican 1000
Democratic 2000
Total 34402
% of votes cast 85%10%0%5%
How each member voted (40)
Member Party Vote
Yee — Nay
Wyland — Yea
Evans — Yea
Cannella — Yea
Lowenthal — Yea
Corbett — Yea
De León — Yea
Hancock — Nay
Negrete McLeod — Yea
Hernandez — Yea
Rubio — Yea
Runner — Not Voting
Anderson — Yea
Dutton — Yea
Leno — Nay
Lieu — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Blakeslee — Yea
Harman — Not Voting
Huff — Yea
Kehoe — Yea
Liu — Nay
Pavley — Yea
Steinberg — Yea
Walters — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 847 Correa Senate Third Reading By SMYTH

Passed 68 Yea · 5 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 65507
Republican 2000
Democratic 1000
Total 68507
% of votes cast 85%6%0%9%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Halderman — Yea
Eng — Yea
Feuer — Yea
Butler — Yea
Carter — Yea
Hill — Yea
Huber — Yea
Fong — Yea
Cedillo — Yea
Alejo — Yea
Conway — Yea
Cook — Yea
Olsen — Yea
Wagner — Yea
Williams — Yea
Yamada — Nay
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Furutani — Not Voting
Campos — Yea
Galgiani — Yea
Atkins — Yea
Gatto — Yea
Gordon — Not Voting
Chesbro — Nay
Bonilla — Not Voting
Allen — Not Voting
Hagman — Yea
Hall — Not Voting
Beall — Yea
Davis — Yea
Donnelly — Yea
Harkey — Yea
Hueso — Yea
Huffman — Nay
Knight — Yea
Ma — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Norby — Yea
Pan — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Valadao — Yea
Wieckowski — Nay
Achadjian — Yea
Ammiano — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Jeffries — Yea
Lara — Yea
Logue — Yea
Mansoor — Yea
Miller — Yea
Nestande — Yea
Perea — Yea
Skinner — Not Voting
Swanson — Yea
Torres — Yea
Dickinson — Yea
Fuentes — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 15 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 14002
Democratic 1000
Total 15002
% of votes cast 88%0%0%12%
How each member voted (17)
Member Party Vote
Davis — Yea
Gatto — Yea
Harkey — Yea
Wagner — Yea
Campos — Not Voting
Mitchell — Yea
Fuentes — Yea
Hall — Yea
Lara — Not Voting
Nielsen — Yea
Donnelly — Yea
Blumenfield — Yea
Bradford — Yea
Hill — Yea
Norby — Yea
Solorio — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on Local Government.

Passed 16 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 16102
Total 16102
% of votes cast 84%5%0%11%
How each member voted (19)
Member Party Vote
Garrick — Yea
Gordon — Not Voting
Mitchell — Yea
Bonilla — Yea
Atkins — Yea
Logue — Yea
Monning — Yea
Nestande — Yea
Silva — Yea
Smyth — Yea
Williams — Not Voting
Ammiano — Nay
Hayashi — Yea
Mansoor — Yea
Pan — Yea
Eng — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea

Official roll call →

3rd Reading

Passed 31 Yea · 2 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 29206
Republican 1000
Democratic 1001
Total 31207
% of votes cast 78%5%0%18%
How each member voted (40)
Member Party Vote
Hancock — Not Voting
De León — Yea
Blakeslee — Yea
Hernandez — Yea
Huff — Yea
Kehoe — Yea
Lieu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Yee — Nay
Negrete McLeod — Yea
Evans — Not Voting
Rubio — Not Voting
Lowenthal — Not Voting
Runner — Not Voting
Cannella — Yea
Leno — Nay
Corbett — Yea
Correa — Yea
Dutton — Yea
Pavley — Yea
Vargas — Yea
Alquist — Yea
Anderson — Yea
Harman — Yea
Liu — Not Voting
Wyland — Yea
Emmerson — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

Do pass, but re-refer to the Committee on Rules.

Passed 6 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 6003
Total 6003
% of votes cast 67%0%0%33%
How each member voted (9)
Member Party Vote
Hancock — Not Voting
Hernandez — Yea
Huff — Yea
Kehoe — Not Voting
Liu — Not Voting
Wolk — Yea
DeSaulnier — Yea
Fuller — Yea
La Malfa — Yea

Official roll call →

Subjects

public-safety healthcare labor
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Frequently asked questions

What does SB 847 do?
Existing law, the Compassionate Use Act of 1996, an initiative measure, prohibits prosecution, pursuant to provisions of law relating to the possession or cultivation of marijuana, of a patient or a patient's primary caregiver who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. Existing law, the Medical Marijuana Program, requires the State Department of Public Health to establish a voluntary program for the issuance of identification cards to patients and primary caregivers under the Compassionate Use Act, and grants immunity from arrest for violation of proscribed provisions relating to the cultivation, possession, transportation, and sale of marijuana, if conditions of the act are met. The Medical Marijuana Program prohibits a medical marijuana cooperative, collective, dispensary, operator, establishment, or provider from being located within a 600-foot radius of a school. This bill would, also, prohibit a marijuana cooperative, collective, dispensary, operator, establishment, or provider from being located within a 600-foot radius of a residential zone or residential use unless a local ordinance, which may be more or less restrictive than the standard, is passed by the city council or county board of supervisors specifically regulating the location of these establishments in relation to residential zones or residential use. The bill would define "city" for these purposes to mean a general law city, a charter city, and a city and county. The bill would declare establishment of proximity standards to be of statewide concern and not a municipal affair. By changing the definition of an existing 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 SB 847?
SB 847 is sponsored by Correa.
What is the current status of SB 847?
This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 847?
Track SB 847 free on One Click Politics — get push/email alerts when it moves.

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