California 2017-2018 Regular Session Status: Enacted

AB 3261 — Cannabis.

Last action — Chaptered by Secretary of State - Chapter 599, Statutes of 2018.

  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 April 02, 2018. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 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

(1) 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, and renamed the Bureau of Marijuana Control the Bureau of Cannabis Control. This bill would make nonsubstantive changes to reflect the name change of the Bureau of Cannabis Control, and would make other conforming changes to reflect the consolidation of the licensure and regulation of commercial medicinal and adult-use cannabis activities. (2) MAUCRSA defines various terms for purposes of the act. MAUCRSA also allows the issuance of a microbusiness license for the cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer, provided the licensee can demonstrate compliance with all requirements imposed by MAUCRSA on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities. This bill would define a microbusiness for purposes of the act consistent with that licensing authorization and make other related nonsubstantive changes. (3) MAUCRSA defines an applicant for purposes of the act to be an owner applying for a state license. That act requires, when applying for a state license, among other things, each owner to electronically submit to the Department of Justice fingerprint images for specified purposes. This bill would make a clarifying change to the fingerprint requirement. (4) MAUCRSA requires the Department of Food and Agriculture, in consultation with the Bureau of Cannabis Control, to establish a track and trace program for reporting the movement of cannabis and cannabis products throughout the distribution chain that utilizes a unique identifier to be issued for each cannabis plant. MAUCRSA requires the Department of Food and Agriculture, in consultation with the State Board of Equalization, to ensure that the track and trace program can track and trace the amount of the cannabis cultivation tax imposed by AUMA and to create an electronic database containing the electronic shipping manifests to facilitate the administration of the track and trace program. Existing law, on July 1, 2017, transferred to the California Department of Tax and Fee Administration the various duties, powers, and responsibilities of the State Board of Equalization except for those duties, powers, and responsibilities imposed or conferred upon the board by the California Constitution, as specified. That transfer of duties, powers, and responsibilities includes the administration of the cannabis excise tax and cannabis cultivation tax. This bill would make a nonsubstantive, conforming change to MAUCRSA to reflect the transfer of duties, powers, and responsibilities of the board to the California Department of Tax and Fee Administration. (5) This bill would incorporate additional changes to Section 27 of the Business and Professions Code proposed by SB 1483 and SB 1491 to be operative only if this bill and either or both SB 1483 and SB 1491 are enacted and this bill is enacted last. The bill would incorporate additional changes to Section 26051.5 of the Business and Professions Code proposed by AB 2799 and AB 2980 to be operative only if this bill and either or both AB 2799 and AB 2980 are enacted and this bill is enacted last. This bill would make its proposed changes to Section 26070 of the Business and Professions Code inoperative if AB 2255 is enacted. The bill would make its proposed changes to Section 101 of the Business and Professions Code inoperative if AB 3110, SB 1482, SB 1483, or any combination thereof, is enacted.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 599, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 6911.).

  5. Assembly Rule 77 suspended. (Page 6773.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 5904.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Ordered to third reading.

  11. Action rescinded whereby the bill was read third time, passed, and to Assembly.

  12. In Senate. Held at Desk.

  13. Ordered to the Senate.

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

  15. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 5041.).

  16. Read second time. Ordered to Consent Calendar.

  17. From committee: Do pass. To Consent Calendar. (Ayes 9. Noes 0.) (June 25).

  18. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

  19. Referred to Com. on B., P. & E.D.

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

  21. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 5168.)

  22. Read second time. Ordered to Consent Calendar.

  23. From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 8).

  24. Re-referred to Com. on B. & P.

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

  26. Referred to Com. on B. & P.

  27. From printer. May be heard in committee May 3.

  28. Read first time. To print.

Sponsors

  • Low · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Low

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

AB 3261 LOW Concurrence in Senate Amendments

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 55003
Democratic 15001
Republican 6000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Jones-Sawyer — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
McCarty — Yea
Obernolte — Yea
Rendon — Yea
Voepel — Yea
Chiu — Yea
Chávez — Yea
Eggman — Yea
Cunningham — Yea
Daly — Yea
Frazier — Yea
Gloria — Yea
Burke — Yea
Friedman — Yea
Harper — Yea
Holden — Yea
Rivas — Yea
Rubio — Yea
Mayes — Yea
Medina — Yea
Salas — Yea
Melendez — Yea
Fong — Yea
Gray — Yea
Bigelow — Yea
Chau — Yea
Chu — Yea
Cooper — Yea
Mullin — Yea
O'Donnell — Yea
Santiago — Yea
Thurmond — Yea
Waldron — Yea
Weber — Yea
Gonzalez Fletcher — Yea
Kamlager-Dove — Not Voting
Kiley — Yea
Levine — Yea
Cooley — Yea
Nazarian — Yea
Quirk — Yea
Rodriguez — Yea
Steinorth — Yea
Ting — Yea
Wood — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB3261 Low By Hill

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 33002
Democratic 5000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Bates — Yea
Bradford — Yea
Monning — Yea
Nielsen — Yea
Vidak — Yea
Cannella — Yea
Delgado — Not Voting
Fuller — Yea
Glazer — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Allen — Yea
Chang — Yea
De León — Yea
Leyva — Yea
Anderson — Yea
Beall — Yea
Moorlach — Yea
Morrell — Yea
Pan — Yea
Roth — Yea
Wieckowski — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Galgiani — Yea
Hernandez — Yea
Dodd — Yea
Skinner — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Consent Calendar AB3261

Passed 37 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 32002
Democratic 5000
Total 37002
% of votes cast 95%0%0%5%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Yea
Bradford — Yea
Hueso — Yea
Leyva — Yea
Nielsen — Yea
Fuller — Not Voting
Galgiani — Yea
Cannella — Yea
Glazer — Yea
Hernandez — Yea
Hertzberg — Yea
Hill — Yea
Allen — Yea
Chang — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Lara — Yea
Beall — Yea
Dodd — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Wieckowski — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass and be ordered to the Consent Calendar

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Hernandez — Yea
Wilk — Yea
Glazer — Yea
Fuller — Yea
Galgiani — Yea
Allen — Yea
Hill — Yea
Dodd — Yea
Pan — Yea

Official roll call →

AB 3261 B. & P. Consent Calendar Second Day By LOW

Passed 76 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 55002
Democratic 15000
Republican 6000
Total 76002
% of votes cast 97%0%0%3%
How each member voted (78)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Jones-Sawyer — Yea
Mathis — Yea
McCarty — Yea
Mullin — Yea
Rendon — Yea
Santiago — Yea
Voepel — Yea
Eggman — Yea
Daly — Yea
Gloria — Yea
Holden — Yea
Maienschein — Yea
Chiu — Yea
Chu — Yea
Thurmond — Yea
Frazier — Yea
Friedman — Yea
Rubio — Yea
Kamlager-Dove — Yea
Salas — Yea
Kiley — Yea
Burke — Yea
Fong — Yea
Gray — Yea
Levine — Yea
Low — Yea
Gonzalez Fletcher — Yea
Mayes — Yea
Medina — Yea
Chau — Yea
Melendez — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Cunningham — Yea
Nazarian — Yea
O'Donnell — Yea
Obernolte — Yea
Quirk — Yea
Rodriguez — Yea
Steinorth — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Wood — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 16 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11002
Republican 1000
Democratic 4000
Total 16002
% of votes cast 89%0%0%11%
How each member voted (18)
Member Party Vote
Bloom — Not Voting
Brough — Not Voting
Low — Yea
Ting — Yea
Eggman — Yea
Chiu — Yea
Fong — Yea
Cunningham — Yea
Holden — Yea
Baker — Yea
Medina — Yea
Mullin — Yea
Obernolte — Yea
Arambula, Joaquin Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Chen, Phillip Republican Yea

Official roll call →

Subjects

public-safety taxation labor
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Frequently asked questions

What does AB 3261 do?
(1) 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, and renamed the Bureau of Marijuana Control the Bureau of Cannabis Control. This bill would make nonsubstantive changes to reflect the name change of the Bureau of Cannabis Control, and would make other conforming changes to reflect the consolidation of the licensure and regulation of commercial medicinal and adult-use cannabis activities. (2) MAUCRSA defines various terms for purposes of the act. MAUCRSA also allows the issuance of a microbusiness license for the cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer, provided the licensee can demonstrate compliance with all requirements imposed by MAUCRSA on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities. This bill would define a microbusiness for purposes of the act consistent with that licensing authorization and make other related nonsubstantive changes. (3) MAUCRSA defines an applicant for purposes of the act to be an owner applying for a state license. That act requires, when applying for a state license, among other things, each owner to electronically submit to the Department of Justice fingerprint images for specified purposes. This bill would make a clarifying change to the fingerprint requirement. (4) MAUCRSA requires the Department of Food and Agriculture, in consultation with the Bureau of Cannabis Control, to establish a track and trace program for reporting the movement of cannabis and cannabis products throughout the distribution chain that utilizes a unique identifier to be issued for each cannabis plant. MAUCRSA requires the Department of Food and Agriculture, in consultation with the State Board of Equalization, to ensure that the track and trace program can track and trace the amount of the cannabis cultivation tax imposed by AUMA and to create an electronic database containing the electronic shipping manifests to facilitate the administration of the track and trace program. Existing law, on July 1, 2017, transferred to the California Department of Tax and Fee Administration the various duties, powers, and responsibilities of the State Board of Equalization except for those duties, powers, and responsibilities imposed or conferred upon the board by the California Constitution, as specified. That transfer of duties, powers, and responsibilities includes the administration of the cannabis excise tax and cannabis cultivation tax. This bill would make a nonsubstantive, conforming change to MAUCRSA to reflect the transfer of duties, powers, and responsibilities of the board to the California Department of Tax and Fee Administration. (5) This bill would incorporate additional changes to Section 27 of the Business and Professions Code proposed by SB 1483 and SB 1491 to be operative only if this bill and either or both SB 1483 and SB 1491 are enacted and this bill is enacted last. The bill would incorporate additional changes to Section 26051.5 of the Business and Professions Code proposed by AB 2799 and AB 2980 to be operative only if this bill and either or both AB 2799 and AB 2980 are enacted and this bill is enacted last. This bill would make its proposed changes to Section 26070 of the Business and Professions Code inoperative if AB 2255 is enacted. The bill would make its proposed changes to Section 101 of the Business and Professions Code inoperative if AB 3110, SB 1482, SB 1483, or any combination thereof, is enacted.
Who sponsors AB 3261?
AB 3261 is sponsored by Low.
What is the current status of AB 3261?
This bill has been enacted into law. Introduced April 02, 2018. Enacted.
Where can I track AB 3261?
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