California 2021-2022 Regular Session Status: Enacted

SB 166 — Department of Cannabis Control: licensure: fee waivers and deferrals.

Last action — Chaptered by Secretary of State. Chapter 260, Statutes of 2021.

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

This bill has been enacted into law. Introduced January 08, 2021. 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 3 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, 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. Existing law, 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 law requires the Department of Cannabis Control within the Business, Consumer Services, and Housing Agency to administer the act, except as specified. The California Cannabis Equity Act of 2018 requires the Department of Cannabis Control, on or before January 1, 2021, to develop and implement a program to provide a deferral or waiver for an application fee, a licensing fee, or renewal fee otherwise required by MAUCRSA for a needs-based applicant or needs-based licensee. This bill would instead require the department, on or before January 1, 2022, to develop and implement a program to provide waivers for application fees, licensing fees, and renewal fees required by MAUCRSA. The bill would further require the department, on or before January 1, 2023, to develop and implement a program to provide deferrals for application fees, licensing fees, and renewal fees required by MAUCRSA. The California Cannabis Equity Act of 2018 requires at least 60% of the total dollar amount of deferrals of fees pursuant to the program for a deferral or waivers, as described above, to be allocated for local equity applicants and licensees. The act also requires at least 60% of the total dollar amount of waivers of fees to be allocated to the deferral of fees for local equity applicants and licensees. This bill would delete the term "local," used in the above provisions, and would instead refer to "equity applicants and licensees." The bill would specify that, for purposes of these provisions, the term "equity applicants and licensees" means applicants and licensees that satisfy all of specified criteria. These conditions would include, among others, that applicants and licensees individually or in combination with other persons who qualify as equity applicants or licensees own no less than 50% of the business that is in the process of being licensed or is licensed. MAUCRSA, until June 30, 2023, authorizes the Department of Cannabis Control, in its sole discretion, to issue a provisional license for a local equity license application that includes cultivation activities, provided that the applicant meets specified requirements. These requirements include, among others, that the local equity applicant is not a cultivation license applicant for a premises that exceeds one acre of total canopy for outdoor cultivation or 22,000 square feet for mixed-light or indoor cultivation. The bill, in the above-described provisions on issuing a provisional license for a local equity license application, would delete the reference to that application including "cultivation activities." This bill would appropriate $10,000 from the General Fund to the Department of Cannabis Control for purposes of implementing the provisions of the bill. AUMA authorizes the Legislature to amend its provisions with a 23 vote of both houses to further its purposes and intent. This bill would state that the bill furthers the purposes and intent of AUMA. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 260, Statutes of 2021.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 29. Noes 8. Page 2573.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 71. Noes 1. Page 2960.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Withdrawn from committee.

  9. Assembly Rule 96 suspended. (Ayes 53. Noes 17. Page 2809.)

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

  11. (Corrected May 14).

  12. Referred to Com. on BUDGET.

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

  14. Read third time. Passed. (Ayes 29. Noes 8. Page 290.) Ordered to the Assembly.

  15. Read second time. Ordered to third reading.

  16. Ordered to second reading.

  17. Withdrawn from committee. (Ayes 26. Noes 5. Page 201.)

  18. Referred to Com. on B. & F.R.

  19. Read first time.

  20. From printer. May be acted upon on or after February 10.

  21. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Committee on Budget and Fiscal Review · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No

Sponsors (1)

  • Committee on Budget and Fiscal Review

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

Passed 29 Yea · 8 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 12001
Unaffiliated 17402
Republican 0400
Total 29803
% of votes cast 73%20%0%8%
How each member voted (40)
Member Party Vote
Bradford — Yea
Newman — Yea
Dodd — Yea
Kamlager — Yea
Min — Yea
Hueso — Yea
Roth — Yea
Rubio — Yea
Skinner — Yea
Hertzberg — Yea
Wieckowski — Yea
Gonzalez — Yea
Pan — Yea
Leyva — Yea
Atkins — Yea
Glazer — Yea
Wilk — Yea
Borgeas — Nay
Nielsen — Nay
Melendez — Nay
Bates — Nay
Eggman — Not Voting
Portantino — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

Passed 71 Yea · 1 Nay · 8 Other
Party YeaNayPresentNot Voting
Democratic 26001
Unaffiliated 39005
Republican 6102
Total 71108
% of votes cast 89%1%0%10%
How each member voted (80)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Mathis — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Mayes — Yea
Nazarian — Yea
Wood — Yea
Ting — Yea
Low — Yea
Frazier — Yea
O'Donnell — Yea
Levine — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Smith — Not Voting
Voepel — Not Voting
Kiley — Not Voting
Bigelow — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. 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
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Nay
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Not Voting
Valladares, Suzette Martinez Republican Yea

Official roll call →

3rd Reading SB166

Passed 29 Yea · 8 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 12001
Unaffiliated 17401
Republican 0400
Total 29802
% of votes cast 74%21%0%5%
How each member voted (39)
Member Party Vote
Nielsen — Nay
Bates — Nay
Melendez — Nay
Borgeas — Not Voting
Leyva — Yea
Skinner — Yea
Roth — Yea
Wieckowski — Yea
Atkins — Yea
Portantino — Yea
Glazer — Yea
Dodd — Yea
Rubio — Yea
Bradford — Yea
Min — Yea
Eggman — Yea
Hertzberg — Yea
Pan — Yea
Hueso — Yea
Newman — Yea
Gonzalez — Yea
Wilk — Nay
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does SB 166 do?
Existing law, 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. Existing law, 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 law requires the Department of Cannabis Control within the Business, Consumer Services, and Housing Agency to administer the act, except as specified. The California Cannabis Equity Act of 2018 requires the Department of Cannabis Control, on or before January 1, 2021, to develop and implement a program to provide a deferral or waiver for an application fee, a licensing fee, or renewal fee otherwise required by MAUCRSA for a needs-based applicant or needs-based licensee. This bill would instead require the department, on or before January 1, 2022, to develop and implement a program to provide waivers for application fees, licensing fees, and renewal fees required by MAUCRSA. The bill would further require the department, on or before January 1, 2023, to develop and implement a program to provide deferrals for application fees, licensing fees, and renewal fees required by MAUCRSA. The California Cannabis Equity Act of 2018 requires at least 60% of the total dollar amount of deferrals of fees pursuant to the program for a deferral or waivers, as described above, to be allocated for local equity applicants and licensees. The act also requires at least 60% of the total dollar amount of waivers of fees to be allocated to the deferral of fees for local equity applicants and licensees. This bill would delete the term "local," used in the above provisions, and would instead refer to "equity applicants and licensees." The bill would specify that, for purposes of these provisions, the term "equity applicants and licensees" means applicants and licensees that satisfy all of specified criteria. These conditions would include, among others, that applicants and licensees individually or in combination with other persons who qualify as equity applicants or licensees own no less than 50% of the business that is in the process of being licensed or is licensed. MAUCRSA, until June 30, 2023, authorizes the Department of Cannabis Control, in its sole discretion, to issue a provisional license for a local equity license application that includes cultivation activities, provided that the applicant meets specified requirements. These requirements include, among others, that the local equity applicant is not a cultivation license applicant for a premises that exceeds one acre of total canopy for outdoor cultivation or 22,000 square feet for mixed-light or indoor cultivation. The bill, in the above-described provisions on issuing a provisional license for a local equity license application, would delete the reference to that application including "cultivation activities." This bill would appropriate $10,000 from the General Fund to the Department of Cannabis Control for purposes of implementing the provisions of the bill. AUMA authorizes the Legislature to amend its provisions with a 23 vote of both houses to further its purposes and intent. This bill would state that the bill furthers the purposes and intent of AUMA. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors SB 166?
SB 166 is sponsored by Committee on Budget and Fiscal Review.
What is the current status of SB 166?
This bill has been enacted into law. Introduced January 08, 2021. Enacted.
Where can I track SB 166?
Track SB 166 free on One Click Politics — get push/email alerts when it moves.

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