California 2017-2018 Regular Session Status: To Executive 1 D cosponsors

SB 829 — Cannabis: donations.

Last action — In Senate. Consideration of Governor's veto pending.

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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 2017-2018 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(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. Existing administrative law prohibits a retailer licensee from providing free cannabis goods to any person or allowing individuals who are not employed by the retailer to provide free cannabis goods to any person on the licensed premises. Existing administrative law provides an exception to this prohibition for specified medicinal retailer and microbusiness licensees to provide access to medicinal cannabis patients who have difficulty accessing medicinal cannabis goods, as specified. This bill would similarly authorize those specified licensees to provide free cannabis or cannabis products to a medical cannabis patient if specified requirements are met, including that the cannabis or cannabis products otherwise meet specified requirements of MAUCRSA. The bill would authorize those specified licensees to contract with an individual or organization to coordinate the provision of free medicinal cannabis and medicinal cannabis products on the retailer's premises. (2) Existing sales and use tax laws impose use taxes on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, presumes tangible personal property purchased outside the state that is stored, used, or consumed in this state is purchased for use in this state, and excludes from use taxes, specified tangible personal property purchased and used for specified purposes. This bill, on or after January 1, 2019, and until January 1, 2024, would exempt from the use tax the storage, use, or other consumption in this state of medicinal cannabis or medicinal cannabis products that are donated, for no consideration, under specified circumstances. The bill would require the exemption to apply only if the donee certifies in writing, as specified, that the medicinal cannabis or medicinal cannabis product will be used as specified. The bill would make a licensee that uses the donated medicinal cannabis or medicinal cannabis product in some other manner, or for some other purpose, liable for the payment of use tax and would make the measure of tax the licensee's purchase price for similar product. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. Existing law requires the state to reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse any local agencies for sales and use tax revenues lost by them pursuant to this bill. (3) AUMA imposes an excise tax on the purchase of cannabis and cannabis products, as defined, at the rate of 15% of the average market price of any retail sale by a cannabis retailer. The bill would require that these provisions not be construed to impose an excise tax upon medicinal cannabis, or medicinal cannabis products, donated for no consideration to a medicinal cannabis patient, as specified. (4) AUMA imposes a cultivation tax on all harvested cannabis that enters the commercial market upon all cultivators. Existing law defines entering the commercial market to mean cannabis or cannabis products, except for immature cannabis plants and seeds, that complete and comply with specified quality assurance review and testing. This bill would prohibit the cultivation tax from being imposed on medicinal cannabis designated for donation. The bill would make a licensee that certifies in writing that medicinal cannabis or a medicinal cannabis product will be donated to a medicinal cannabis patient and sells or uses the medicinal cannabis or medicinal cannabis product in some manner, or for some purpose other than donation, liable for the cultivation tax. The bill would specify that the certification in writing relieves the cultivator that donates the medicinal cannabis from liability for the cultivation tax and the distributor from liability for collecting the cultivation only if the certification is taken in good faith. The bill would prohibit a distributor or a manufacturer from collecting or remitting the cultivation tax for medicinal cannabis or medicinal cannabis products designated for donation. The bill would require a cultivator to keep records of any medicinal cannabis or medicinal cannabis products designated for donation. The bill would require that the cannabis tax provisions not be construed to impose a cultivation tax upon medicinal cannabis or medicinal cannabis products designated for donation. (5) This bill would provide that the provisions of the act are severable. (6) This bill would incorporate additional changes to Section 26001 of the Business and Professions Code proposed by AB 2980 to be operative only if this bill and AB 2980 are enacted and this bill is enacted last. (7) The Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure, authorizes the Legislature to amend the act to further the purposes and intent of the act with a 23 vote of the membership of both houses of the Legislature, except as provided. This bill would declare that its provisions further specified purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act. (8) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

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

  2. Vetoed by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Assembly amendments concurred in. (Ayes 35. Noes 2. Page 6130.) Ordered to engrossing and enrolling.

  5. Urgency clause adopted.

  6. From committee: That the Assembly amendments be concurred in. (Ayes 6. Noes 0. Page 6069.)

  7. From committee: Be re-referred to Com. on GOV. & F. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 6028.) Re-referred to Com. on GOV. & F.

  8. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(d).

  9. In Senate. Concurrence in Assembly amendments pending.

  10. Read third time. Urgency clause adopted. Passed. (Ayes 73. Noes 3. Page 6769.) Ordered to the Senate.

  11. Ordered to third reading.

  12. Read third time and amended.

  13. Read second time. Ordered to third reading.

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

  15. From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 16).

  16. August 8 set for first hearing. Placed on APPR. suspense file.

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

  18. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (June 25).

  19. From committee: Do pass and re-refer to Com. on REV. & TAX. (Ayes 13. Noes 1.) (June 19). Re-referred to Com. on REV. & TAX.

  20. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & P.

  21. From committee: Be re-referred to Coms. on B. & P. and REV. & TAX. (Ayes 6. Noes 0.) (June 7). Re-referred to Com. on B. & P.

  22. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  23. Referred to Com. on RLS.

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

  25. Read third time. Passed. (Ayes 38. Noes 0. Page 5089.) Ordered to the Assembly.

  26. Read second time. Ordered to consent calendar.

  27. From committee: Do pass. Ordered to consent calendar. (Ayes 6. Noes 0. Page 4994.) (May 9).

  28. Set for hearing May 9.

  29. Re-referred to Com. on ED.

  30. Re-referred to Com. on RLS.

  31. Withdrawn from committee.

  32. April 24 set for first hearing canceled at the request of author.

  33. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  34. Set for hearing April 24.

  35. From committee: Do pass and re-refer to Com. on JUD. (Ayes 13. Noes 0. Page 4723.) (April 17). Re-referred to Com. on JUD.

  36. Set for hearing April 17.

  37. From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H.

  38. Re-referred to Coms. on T. & H. and JUD.

  39. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  40. Referred to Com. on RLS.

  41. From printer. May be acted upon on or after February 3.

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

Sponsors

  • Bonta · Cosponsor
  • Cooley · Cosponsor
  • Skinner · Cosponsor
  • Wilk · Cosponsor
  • Scott D. Wiener · Primary
  • Wood · Cosponsor
  • Mark Stone · Cosponsor

Sponsorship breakdown

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1 sponsors · 6 co-sponsors · 115 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (6)

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"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 SB829 Wiener et al. Urgency Clause Concurrence

Passed 35 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 31202
Democratic 4001
Total 35203
% of votes cast 88%5%0%8%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Hernandez — Yea
Hueso — Yea
Leyva — Yea
Roth — Yea
Chang — Yea
Fuller — Not Voting
Galgiani — Yea
Allen — Yea
Mitchell — Yea
Atkins — Yea
Portantino — Yea
Glazer — Yea
De León — Yea
Cannella — Yea
Hertzberg — Yea
Hill — Yea
Delgado — Yea
Beall — Yea
Bradford — Yea
Dodd — Yea
Lara — Yea
Monning — Yea
Moorlach — Yea
Morrell — Nay
Nielsen — Nay
Pan — 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 Not Voting
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

SB 829 Wiener Third Reading Urgency By WOOD

Passed 73 Yea · 3 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 52303
Democratic 15001
Republican 6000
Total 73304
% of votes cast 91%4%0%5%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Not Voting
Bloom — Yea
Brough — Yea
Holden — Yea
Kiley — Yea
Levine — Yea
Mathis — Yea
Rendon — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Eggman — Yea
Frazier — Yea
Burke — Yea
Gray — Yea
Friedman — Yea
Rubio — Yea
Rivas — Yea
Harper — Not Voting
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Salas — Nay
Fong — Not Voting
Maienschein — Yea
McCarty — Yea
Nazarian — Yea
O'Donnell — Yea
Baker — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Obernolte — Nay
Quirk — Yea
Steinorth — Yea
Wood — Yea
Gloria — Yea
Gonzalez Fletcher — Yea
Low — Yea
Mayes — Yea
Chau — Yea
Chu — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Santiago — Yea
Ting — Yea
Voepel — Yea
Weber — Yea
Cunningham — Yea
Daly — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Nay
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 Not Voting
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 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 as amended.

Passed 12 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 9004
Democratic 3000
Republican 0001
Total 12005
% of votes cast 71%0%0%29%
How each member voted (17)
Member Party Vote
Bigelow — Not Voting
Bloom — Yea
Brough — Not Voting
Obernolte — Not Voting
Eggman — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Fong — Not Voting
Nazarian — Yea
Chau — Yea
Quirk — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Not Voting

Official roll call →

Do pass and be re-referred to the Committee on [Revenue and Taxation]

Passed 13 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 9104
Democratic 3001
Republican 1000
Total 13105
% of votes cast 68%5%0%26%
How each member voted (19)
Member Party Vote
Bloom — Yea
Brough — Not Voting
Eggman — Yea
Low — Yea
McCarty — Yea
Chiu — Yea
Medina — Yea
Mullin — Yea
Ting — Yea
Fong — Not Voting
Holden — Not Voting
Baker — Not Voting
Cunningham — Yea
Obernolte — Nay
Arambula, Joaquin Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Chen, Phillip Republican Yea

Official roll call →

Be re-referred to the Committees on [Business and Professions] and [Revenue and Taxation]

Passed 6 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 4004
Democratic 2000
Republican 0001
Total 6005
% of votes cast 55%0%0%45%
How each member voted (11)
Member Party Vote
Nazarian — Not Voting
Waldron — Yea
Friedman — Not Voting
Cooley — Yea
Salas — Yea
Mayes — Yea
Cunningham — Not Voting
Wendy Carrillo — Not Voting
Cervantes, Sabrina Democratic Yea
Grayson, Timothy S. Democratic Yea
Gallagher, James Republican Not Voting

Official roll call →

Consent Calendar SB829

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 33001
Democratic 5000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Anderson — Yea
Hueso — Yea
Newman — Yea
Skinner — Yea
Vidak — Yea
Wilk — Yea
Roth — Yea
Cannella — Yea
Dodd — Yea
Fuller — Yea
Galgiani — Yea
Allen — Yea
Atkins — Yea
Hernandez — Yea
Portantino — Yea
Hertzberg — Yea
Mitchell — Yea
Hill — Yea
De León — Yea
Bates — Yea
Beall — Yea
Bradford — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Wieckowski — Yea
Glazer — 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, but first be re-referred to the Committee on [Judiciary]

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 11000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Wieckowski — Yea
Galgiani — Yea
Cannella — Yea
Allen — Yea
Beall — Yea
Dodd — Yea
Morrell — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Beth Gaines — Yea
McGuire, Mike Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

public-safety taxation healthcare
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Frequently asked questions

What does SB 829 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. Existing administrative law prohibits a retailer licensee from providing free cannabis goods to any person or allowing individuals who are not employed by the retailer to provide free cannabis goods to any person on the licensed premises. Existing administrative law provides an exception to this prohibition for specified medicinal retailer and microbusiness licensees to provide access to medicinal cannabis patients who have difficulty accessing medicinal cannabis goods, as specified. This bill would similarly authorize those specified licensees to provide free cannabis or cannabis products to a medical cannabis patient if specified requirements are met, including that the cannabis or cannabis products otherwise meet specified requirements of MAUCRSA. The bill would authorize those specified licensees to contract with an individual or organization to coordinate the provision of free medicinal cannabis and medicinal cannabis products on the retailer's premises. (2) Existing sales and use tax laws impose use taxes on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, presumes tangible personal property purchased outside the state that is stored, used, or consumed in this state is purchased for use in this state, and excludes from use taxes, specified tangible personal property purchased and used for specified purposes. This bill, on or after January 1, 2019, and until January 1, 2024, would exempt from the use tax the storage, use, or other consumption in this state of medicinal cannabis or medicinal cannabis products that are donated, for no consideration, under specified circumstances. The bill would require the exemption to apply only if the donee certifies in writing, as specified, that the medicinal cannabis or medicinal cannabis product will be used as specified. The bill would make a licensee that uses the donated medicinal cannabis or medicinal cannabis product in some other manner, or for some other purpose, liable for the payment of use tax and would make the measure of tax the licensee's purchase price for similar product. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. Existing law requires the state to reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse any local agencies for sales and use tax revenues lost by them pursuant to this bill. (3) AUMA imposes an excise tax on the purchase of cannabis and cannabis products, as defined, at the rate of 15% of the average market price of any retail sale by a cannabis retailer. The bill would require that these provisions not be construed to impose an excise tax upon medicinal cannabis, or medicinal cannabis products, donated for no consideration to a medicinal cannabis patient, as specified. (4) AUMA imposes a cultivation tax on all harvested cannabis that enters the commercial market upon all cultivators. Existing law defines entering the commercial market to mean cannabis or cannabis products, except for immature cannabis plants and seeds, that complete and comply with specified quality assurance review and testing. This bill would prohibit the cultivation tax from being imposed on medicinal cannabis designated for donation. The bill would make a licensee that certifies in writing that medicinal cannabis or a medicinal cannabis product will be donated to a medicinal cannabis patient and sells or uses the medicinal cannabis or medicinal cannabis product in some manner, or for some purpose other than donation, liable for the cultivation tax. The bill would specify that the certification in writing relieves the cultivator that donates the medicinal cannabis from liability for the cultivation tax and the distributor from liability for collecting the cultivation only if the certification is taken in good faith. The bill would prohibit a distributor or a manufacturer from collecting or remitting the cultivation tax for medicinal cannabis or medicinal cannabis products designated for donation. The bill would require a cultivator to keep records of any medicinal cannabis or medicinal cannabis products designated for donation. The bill would require that the cannabis tax provisions not be construed to impose a cultivation tax upon medicinal cannabis or medicinal cannabis products designated for donation. (5) This bill would provide that the provisions of the act are severable. (6) This bill would incorporate additional changes to Section 26001 of the Business and Professions Code proposed by AB 2980 to be operative only if this bill and AB 2980 are enacted and this bill is enacted last. (7) The Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure, authorizes the Legislature to amend the act to further the purposes and intent of the act with a 23 vote of the membership of both houses of the Legislature, except as provided. This bill would declare that its provisions further specified purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act. (8) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 829?
SB 829 is sponsored by Bonta, Cooley, Skinner, Wilk, Wiener, Scott D. (Democratic), Wood, and Mark Stone.
What is the current status of SB 829?
This bill died with 2017-2018 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 829?
Track SB 829 free on One Click Politics — get push/email alerts when it moves.

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