California 2015-2016 Regular Session Status: Passed Senate 1 D cosponsors

SB 987 — Medical marijuana: Marijuana User Fee Act.

Last action — June 20 hearing: Failed passage in committee. (Ayes 4. Noes 5.)

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

This bill died with 2015-2016 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, exempts from specified criminal penalties the possession or cultivation of medical marijuana by patients and primary caregivers. The Medical Marijuana Program requires the State Department of Public Health to establish and maintain a voluntary program for the issuance of identification cards to qualified patients who satisfy specified requirements with respect to the use of medical marijuana. The Medical Marijuana Regulation and Safety Act, operative beginning on January 1, 2016, provides for the licensure and regulation of commercial medical marijuana activity, as specified. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees. This bill would require an identification card issued pursuant to the Medical Marijuana Program to contain an indication that the cardholder has low income if that person's income is less than 200% of the federal poverty guidelines. This bill would enact the Marijuana User Fee Act. The bill, on and after January 1, 2018, unless a specified initiative is passed by the voters at the November 8, 2016, statewide general election, would impose a fee on the consumption or other use in this state of medical marijuana purchased from any retailer for the consumption or other use in this state at the rate of 10% of the sales price of the medical marijuana. This bill would provide that a purchaser is liable for that fee unless the purchaser has an identification card indicating that the purchaser has low income, as described above, and would require every retailer engaged in business in this state and making sales of medical marijuana to a purchaser for the consumption or other use in this state to separately state and collect the fee from a purchaser, unless the purchaser presents that identification card, as specified. This bill would also make specific violations of this bill a crime, thereby imposing a state-mandated local program. This bill would require the State Board of Equalization to administer and collect the fee in accordance with the Fee Collection Procedures Law. By expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, this bill would impose a state-mandated local program. The bill would require a retailer to register for a permit with the board, to prepare and file with the board returns, and to remit the fee quarterly. The bill would require that all revenues, less refunds, be remitted to the board and deposited in the Marijuana User Fee Fund, which the bill would establish. This bill would require moneys in the Marijuana User Fee Fund to be allocated by the Controller in specified percentages to the General Fund and, upon appropriation by the Legislature, to the Bureau of Medical Marijuana Regulation for the administration of a grant program to distribute grants to local agencies, as defined, that oversee or are affected by the regulation of cultivating, processing, manufacturing, distributing, and selling of medical marijuana, or that undertake enforcement activities pertaining to the cultivation of marijuana; the Department of Parks and Recreation for the stewardship, operation, maintenance, and preservation of state park units; and to counties, as defined, for drug and alcohol treatment programs. The bill, commencing in 2018, and at least every other year thereafter, would require the Legislative Analyst to review and evaluate the fee, and provide a report on the fee to specified committees of the Legislature. The bill would also require funds to be advanced to the Marijuana User Fee Fund as a General Fund or special fund loan, would authorize the Director of Finance to provide an initial operating loan from the General Fund, and would appropriate to the board funds so advanced or loaned to the board for the implementation and administration of the act. 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.

Bill Text

Action History

  1. June 20 hearing: Failed passage in committee. (Ayes 4. Noes 5.)

  2. June 20 set for first hearing. Placed on REV. & TAX. suspense file.

  3. From committee with author's amendments. Read second time and amended. Re-referred to Com. on REV. & TAX.

  4. Referred to Com. on REV. & TAX.

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

  6. Read third time. Passed. (Ayes 27. Noes 10. Page 4100.) Ordered to the Assembly.

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

  8. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 4001.) (May 27).

  9. Set for hearing May 27.

  10. April 18 hearing: Placed on APPR. suspense file.

  11. Set for hearing April 18.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 3420.) (April 6). Re-referred to Com. on APPR.

  13. Set for hearing April 6.

  14. March 30 hearing postponed by committee.

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

  16. Set for hearing March 30.

  17. Referred to Com. on GOV. & F.

  18. From printer. May be acted upon on or after March 12.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

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

3rd Reading

Passed 27 Yea · 10 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 25903
Democratic 2100
Total 271003
% of votes cast 68%25%0%8%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Hancock — Yea
Hertzberg — Yea
Hueso — Yea
Leyva — Yea
Morrell — Nay
Moorlach — Yea
Pan — Yea
Roth — Nay
Vidak — Nay
Galgiani — Yea
Glazer — Yea
Hall — Yea
Hernandez — Yea
Allen — Yea
Hill — Yea
Mitchell — Yea
De León — Yea
Cannella — Yea
Block — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Pavley — Yea
Wieckowski — Yea
Wolk — Yea
Runner — Not Voting
Fuller — Nay
Huff — Not Voting
Bates — Nay
Nielsen — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Mendoza — Yea
Nielsen — Nay
Hill — Yea
Beall — Yea
Lara — Yea
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
De León — Yea
Hill — Yea
Lara — Yea
Bates — Yea
Mendoza — Yea
Nielsen — Yea

Official roll call →

Subjects

taxation healthcare
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Frequently asked questions

What does SB 987 do?
Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, exempts from specified criminal penalties the possession or cultivation of medical marijuana by patients and primary caregivers. The Medical Marijuana Program requires the State Department of Public Health to establish and maintain a voluntary program for the issuance of identification cards to qualified patients who satisfy specified requirements with respect to the use of medical marijuana. The Medical Marijuana Regulation and Safety Act, operative beginning on January 1, 2016, provides for the licensure and regulation of commercial medical marijuana activity, as specified. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees. This bill would require an identification card issued pursuant to the Medical Marijuana Program to contain an indication that the cardholder has low income if that person's income is less than 200% of the federal poverty guidelines. This bill would enact the Marijuana User Fee Act. The bill, on and after January 1, 2018, unless a specified initiative is passed by the voters at the November 8, 2016, statewide general election, would impose a fee on the consumption or other use in this state of medical marijuana purchased from any retailer for the consumption or other use in this state at the rate of 10% of the sales price of the medical marijuana. This bill would provide that a purchaser is liable for that fee unless the purchaser has an identification card indicating that the purchaser has low income, as described above, and would require every retailer engaged in business in this state and making sales of medical marijuana to a purchaser for the consumption or other use in this state to separately state and collect the fee from a purchaser, unless the purchaser presents that identification card, as specified. This bill would also make specific violations of this bill a crime, thereby imposing a state-mandated local program. This bill would require the State Board of Equalization to administer and collect the fee in accordance with the Fee Collection Procedures Law. By expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, this bill would impose a state-mandated local program. The bill would require a retailer to register for a permit with the board, to prepare and file with the board returns, and to remit the fee quarterly. The bill would require that all revenues, less refunds, be remitted to the board and deposited in the Marijuana User Fee Fund, which the bill would establish. This bill would require moneys in the Marijuana User Fee Fund to be allocated by the Controller in specified percentages to the General Fund and, upon appropriation by the Legislature, to the Bureau of Medical Marijuana Regulation for the administration of a grant program to distribute grants to local agencies, as defined, that oversee or are affected by the regulation of cultivating, processing, manufacturing, distributing, and selling of medical marijuana, or that undertake enforcement activities pertaining to the cultivation of marijuana; the Department of Parks and Recreation for the stewardship, operation, maintenance, and preservation of state park units; and to counties, as defined, for drug and alcohol treatment programs. The bill, commencing in 2018, and at least every other year thereafter, would require the Legislative Analyst to review and evaluate the fee, and provide a report on the fee to specified committees of the Legislature. The bill would also require funds to be advanced to the Marijuana User Fee Fund as a General Fund or special fund loan, would authorize the Director of Finance to provide an initial operating loan from the General Fund, and would appropriate to the board funds so advanced or loaned to the board for the implementation and administration of the act. 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.
Who sponsors SB 987?
SB 987 is sponsored by McGuire, Mike (Democratic).
What is the current status of SB 987?
This bill died with 2015-2016 Regular Session. It reached “Passed Senate” 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 987?
Track SB 987 free on One Click Politics — get push/email alerts when it moves.

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