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

AB 2255 — Cannabis: distribution: deliveries: violations.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (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. MAUCRSA imposes duties on the Bureau of Cannabis Control in the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health with respect to the creation, issuance, denial, suspension, and revocation of licenses issued pursuant to MAUCRSA. MAUCRSA authorizes these licensing authorities to suspend, revoke, place on probation with terms and conditions, or otherwise discipline licenses issued by that licensing authority and fine a licensee, after proper notice and hearing to the licensee, if the licensee is found to have committed any of the acts or omissions constituting grounds for disciplinary action, which includes failure to comply with MAUCRSA. MAUCRSA requires a licensed distributor, during transportation, to maintain a physical copy of a shipping manifest and a licensee receiving the shipment to maintain each electronic shipping manifest, and requires those manifests to be made available upon request to agents of the Department of Consumer Affairs and law enforcement officers. Under MAUCRSA, transporting, or arranging for or facilitating the transport of, cannabis or cannabis product in violation of MAUCRSA is grounds for disciplinary action against the licensee. This bill would prohibit a licensed distributor from transporting an amount of cannabis or cannabis products in excess of the amount stated on the shipping manifest. This bill would prohibit a law enforcement officer from seizing cannabis or cannabis products for a violation of MAUCRSA, unless the seizure is otherwise authorized by law and the officer has probable cause to believe a criminal cannabis violation has occurred. The bill would also clarify that transportation for purposes of sale with a counterfeit shipping manifest is subject to existing provisions of criminal law relating to the unlawful transportation of cannabis and disciplinary action by the bureau. MAUCRSA requires a licensee authorized to make deliveries to maintain a copy of the delivery request during deliveries and requires those delivery requests to be made available upon request of the licensing authority and law enforcement officers. This bill would specify that the copy of the delivery request be physical or electronic. This bill would authorize the bureau to prescribe citations that may be issued for the violations described above, and would prescribe the content of the citations and the method for challenging a citation. The bill would authorize the Department of the California Highway Patrol and local law enforcement agencies to issue those citations. AUMA authorizes the Legislature to amend, by a majority vote, certain provisions of the act to implement specified substantive provisions, provided that the amendments are consistent with and further the purposes and intent of the act. This bill would declare that its provisions implement specified substantive provisions of, and further the purposes and intent of AUMA.

Bill Text

Action History

  1. Vetoed by Governor.

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

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6648.).

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5663.).

  6. Read second time. Ordered to third reading.

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

  8. Read second time. Ordered to third reading.

  9. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

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

  11. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 26).

  12. From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 9. Noes 0.) (June 18). Re-referred to Com. on PUB. S.

  13. Referred to Coms. on B., P. & E.D. and PUB. S.

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

  15. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 5437.)

  16. Read second time. Ordered to Consent Calendar.

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

  18. Re-referred to Com. on APPR.

  19. Read second time and amended.

  20. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 24).

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

  22. Read second time and amended.

  23. Re-referred to Com. on PUB. S. pursuant to Assembly Rule 96.

  24. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (April 10).

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

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

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

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

  29. Referred to Coms. on B. & P. and PUB. S.

  30. From printer. May be heard in committee March 16.

  31. Read first time. To print.

Sponsors

Sponsorship breakdown

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

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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 2255 LACKEY Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 57001
Democratic 16000
Republican 6000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Mathis — Yea
Melendez — Yea
Rendon — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Wood — Yea
Eggman — Not Voting
Gray — Yea
Frazier — Yea
Gonzalez Fletcher — Yea
Low — Yea
Mayes — Yea
Fong — Yea
Salas — Yea
Chau — Yea
Medina — Yea
Chu — Yea
Mullin — Yea
Nazarian — Yea
Quirk — Yea
Santiago — Yea
Ting — Yea
Voepel — Yea
Weber — Yea
Rubio — Yea
Rivas — Yea
Friedman — Yea
Burke — Yea
Harper — Yea
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Kiley — Yea
Levine — Yea
Maienschein — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
McCarty — Yea
O'Donnell — Yea
Obernolte — Yea
Waldron — Yea
Cooper — Yea
Cunningham — Yea
Daly — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
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 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 →

3rd Reading AB2255 Lackey By Wilk

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Hernandez — Yea
Hill — Yea
Morrell — Yea
Roth — Yea
Chang — Yea
Mitchell — Yea
Atkins — Yea
Cannella — Yea
Delgado — Yea
Dodd — Yea
Portantino — Yea
Galgiani — Yea
Glazer — Yea
De León — Yea
Allen — Yea
Hertzberg — Yea
Hueso — Yea
Lara — Yea
Bates — Yea
Bradford — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Nielsen — Yea
Pan — Yea
Skinner — Yea
Vidak — Yea
Wieckowski — Yea
Wilk — Yea
Fuller — 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 →

AB 2255 LACKEY Consent Calendar Second Day

Passed 78 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 57000
Democratic 15000
Republican 6000
Total 78000
% of votes cast 100%0%0%0%
How each member voted (78)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Holden — Yea
Kamlager-Dove — Yea
Levine — Yea
Maienschein — Yea
Mathis — Yea
Obernolte — Yea
Rendon — Yea
Santiago — Yea
Steinorth — Yea
Weber — Yea
Burke — Yea
Frazier — Yea
Gonzalez Fletcher — Yea
Fong — Yea
Salas — Yea
Kiley — Yea
Low — Yea
Gray — Yea
Mayes — Yea
Medina — Yea
Melendez — Yea
Rubio — Yea
Chau — Yea
Chu — Yea
Cunningham — Yea
Mullin — Yea
Nazarian — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Voepel — Yea
Wood — Yea
Friedman — Yea
Jones-Sawyer — Yea
McCarty — Yea
O'Donnell — Yea
Chiu — Yea
Chávez — Yea
Waldron — Yea
Cooley — Yea
Cooper — Yea
Eggman — Yea
Daly — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
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 · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 2001
Republican 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Mathis — Yea
Chau — Yea
Nazarian — Yea
Fong — Yea
Gonzalez Fletcher — Yea
Obernolte — Yea
Quirk — Yea
Eggman — Yea
Friedman — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Not Voting
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Republican 1000
Democratic 4000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Baker — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Ting — Yea
Eggman — Yea
Fong — Yea
Low — Yea
Chiu — Yea
Cunningham — Yea
Mullin — 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 labor technology
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Frequently asked questions

What does AB 2255 do?
The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (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. MAUCRSA imposes duties on the Bureau of Cannabis Control in the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health with respect to the creation, issuance, denial, suspension, and revocation of licenses issued pursuant to MAUCRSA. MAUCRSA authorizes these licensing authorities to suspend, revoke, place on probation with terms and conditions, or otherwise discipline licenses issued by that licensing authority and fine a licensee, after proper notice and hearing to the licensee, if the licensee is found to have committed any of the acts or omissions constituting grounds for disciplinary action, which includes failure to comply with MAUCRSA. MAUCRSA requires a licensed distributor, during transportation, to maintain a physical copy of a shipping manifest and a licensee receiving the shipment to maintain each electronic shipping manifest, and requires those manifests to be made available upon request to agents of the Department of Consumer Affairs and law enforcement officers. Under MAUCRSA, transporting, or arranging for or facilitating the transport of, cannabis or cannabis product in violation of MAUCRSA is grounds for disciplinary action against the licensee. This bill would prohibit a licensed distributor from transporting an amount of cannabis or cannabis products in excess of the amount stated on the shipping manifest. This bill would prohibit a law enforcement officer from seizing cannabis or cannabis products for a violation of MAUCRSA, unless the seizure is otherwise authorized by law and the officer has probable cause to believe a criminal cannabis violation has occurred. The bill would also clarify that transportation for purposes of sale with a counterfeit shipping manifest is subject to existing provisions of criminal law relating to the unlawful transportation of cannabis and disciplinary action by the bureau. MAUCRSA requires a licensee authorized to make deliveries to maintain a copy of the delivery request during deliveries and requires those delivery requests to be made available upon request of the licensing authority and law enforcement officers. This bill would specify that the copy of the delivery request be physical or electronic. This bill would authorize the bureau to prescribe citations that may be issued for the violations described above, and would prescribe the content of the citations and the method for challenging a citation. The bill would authorize the Department of the California Highway Patrol and local law enforcement agencies to issue those citations. AUMA authorizes the Legislature to amend, by a majority vote, certain provisions of the act to implement specified substantive provisions, provided that the amendments are consistent with and further the purposes and intent of the act. This bill would declare that its provisions implement specified substantive provisions of, and further the purposes and intent of AUMA.
Who sponsors AB 2255?
AB 2255 is sponsored by Lackey, Tom (Republican).
What is the current status of AB 2255?
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 AB 2255?
Track AB 2255 free on One Click Politics — get push/email alerts when it moves.

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