Cannabis provisional licenses: local equity applicants.
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SB 59 — Cannabis provisional licenses: local equity applicants.
Last action — Died on file pursuant to Joint Rule 56.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2021-2022 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure, 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. AUMA authorizes legislative amendment of its provisions with a 23 vote of both houses, without submission to the voters, to further its purposes and intent. 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. MAUCRSA generally divides responsibility for the state licensure and regulation of commercial cannabis activity among the Bureau of Cannabis Control in the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health. MAUCRSA, for purposes of the California Cannabis Equity Act, defines local equity program as a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in California's cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization, as specified. MAUCRSA requires the bureau to administer a grant program to assist a local jurisdiction with the development of a local equity program or to assist local equity applicants and local equity licensees through a local equity program, as specified. MAUCRSA, until January 1, 2022, authorizes a licensing authority, in its sole discretion, to issue a provisional license if the applicant has submitted a completed license application to the licensing authority, including evidence that compliance with the California Environmental Quality Act (CEQA) or local cannabis ordinances is underway, if applicable, as specified. This bill would prohibit a licensing authority from issuing a new provisional license to an applicant on or after July 1, 2022, unless the applicant is a qualified equity applicant, as defined by the California Cannabis Equity Act, and would authorize a licensing authority to reinstate a provisional license issued prior to July 1, 2022, to an applicant for the same activity previously licensed at the location. The bill would extend the repeal date of these provisional license provisions to July 1, 2028. By extending provisional licensure, the applications for which are required to be signed under penalty of perjury, the bill would expand the scope of the crime of perjury, and would thereby 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. This bill would declare that its provisions further the purposes and intent of AUMA.
Bill Text
- Amended 04/12/21 - Amended Senate Current pdf April 12, 2021
- Introduced 12/07/20 - Introduced pdf December 07, 2020
- SB59 View text html
Action History
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Died on file pursuant to Joint Rule 56.
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Ordered to inactive file on request of Senator Caballero.
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Read second time. Ordered to third reading.
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From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
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Set for hearing May 10.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 917.) (April 26). Re-referred to Com. on APPR.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.Q.
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Set for hearing April 26.
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From committee: Do pass and re-refer to Com. on E.Q. (Ayes 12. Noes 0. Page 669.) (April 5). Re-referred to Com. on E.Q.
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Set for hearing April 5.
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March 22 set for first hearing canceled at the request of author.
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Set for hearing March 22.
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Referred to Coms. on B., P. & E.D. and EQ.
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From printer. May be acted upon on or after January 7.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Anna M. Caballero · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Caballero, Anna M. Democratic
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 2 | 0 | 0 | 0 |
| Unaffiliated | 4 | 0 | 0 | 0 |
| Republican | 0 | 0 | 0 | 1 |
| Total | 6 | 0 | 0 | 1 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Bates | — | Yea |
| Gonzalez | — | Yea |
| Skinner | — | Yea |
| Wieckowski | — | Yea |
| Allen, Benjamin | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Dahle, Megan | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 1 |
| Total | 12 | 0 | 0 | 2 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Roth | — | Yea |
| Eggman | — | Yea |
| Pan | — | Yea |
| Leyva | — | Yea |
| Newman | — | Yea |
| Dodd | — | Yea |
| Bates | — | Yea |
| Min | — | Yea |
| Melendez | — | Yea |
| Archuleta, Bob | Democratic | Yea |
| Becker, Josh | Democratic | Yea |
| Hurtado, Melissa | Democratic | Not Voting |
| Jones, Brian W. | Republican | Not Voting |
| Ochoa Bogh, Rosilicie | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 59 do?
- Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure, 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. AUMA authorizes legislative amendment of its provisions with a 23 vote of both houses, without submission to the voters, to further its purposes and intent. 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. MAUCRSA generally divides responsibility for the state licensure and regulation of commercial cannabis activity among the Bureau of Cannabis Control in the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health. MAUCRSA, for purposes of the California Cannabis Equity Act, defines local equity program as a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in California's cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization, as specified. MAUCRSA requires the bureau to administer a grant program to assist a local jurisdiction with the development of a local equity program or to assist local equity applicants and local equity licensees through a local equity program, as specified. MAUCRSA, until January 1, 2022, authorizes a licensing authority, in its sole discretion, to issue a provisional license if the applicant has submitted a completed license application to the licensing authority, including evidence that compliance with the California Environmental Quality Act (CEQA) or local cannabis ordinances is underway, if applicable, as specified. This bill would prohibit a licensing authority from issuing a new provisional license to an applicant on or after July 1, 2022, unless the applicant is a qualified equity applicant, as defined by the California Cannabis Equity Act, and would authorize a licensing authority to reinstate a provisional license issued prior to July 1, 2022, to an applicant for the same activity previously licensed at the location. The bill would extend the repeal date of these provisional license provisions to July 1, 2028. By extending provisional licensure, the applications for which are required to be signed under penalty of perjury, the bill would expand the scope of the crime of perjury, and would thereby 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. This bill would declare that its provisions further the purposes and intent of AUMA.
- Who sponsors SB 59?
- SB 59 is sponsored by Caballero, Anna M. (Democratic).
- What is the current status of SB 59?
- This bill died with 2021-2022 Regular Session. It reached “In Committee” 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 59?
- Track SB 59 free on One Click Politics — get push/email alerts when it moves.
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