California 2015-2016 Regular Session Status: Passed Assembly

AB 2243 — Medical cannabis: taxation: cannabis production and environment mitigation.

Last action — In committee: Held under submission.

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

This bill died with 2015-2016 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 Medical Cannabis Regulation and Safety Act, administered by the director of the Bureau of Medical Cannabis Regulation, provides for the licensure of persons engaged in specified activities relating to medical cannabis, including cultivation and distribution. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would, for the privilege of doing business as a distributor in this state, impose a tax in specified amounts on every distributor upon all medical cannabis and medical cannabis products distributed to a dispensary in this state, as specified. The bill would require the State Board of Equalization to administer and collect the tax pursuant to the procedures set forth in the Fee Collection Procedures Law. The bill would require a distributor to register for a permit with the board and would allow the board to suspend or revoke a permit. The bill would authorize the board to prescribe by regulation a method and manner for payment of the tax that utilizes tax stamps or state-issued product bags. The bill would require all moneys, less refunds and costs of administration, to be deposited into the Cannabis Production and Environment Mitigation Fund, which this bill would establish in the State Treasury. This bill would continuously appropriate the moneys in that fund in specified percentages to, among other things, fund competitive grants for local law enforcement-related activities pertaining to illegal cannabis cultivation; to fund environmental cleanup restoration and protection of public and private lands that have been damaged by illegal cannabis cultivation; to address the environmental impacts of cannabis cultivation on public and private lands in California and fund other state enforcement-related activities pertaining to illegal cannabis cultivation; and to fund Regional Marijuana Enforcement Officers. This bill, except as provided, would become inoperative on January 1, 2018, if Proposition 64, also known as the Control, Regulate and Tax Adult Use of Marijuana Act, is approved by the voters at the November 8, 2016, statewide general election and takes effect. This bill would repeal all of its provisions as of January 1, 2025. By expanding the application of the Fee Collection Procedures Law, which imposes criminal penalties for various acts, this bill would 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 it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. In committee: Held under submission.

  2. Referred to APPR. suspense file.

  3. In committee: Hearing postponed by committee.

  4. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

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

  6. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 22).

  7. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.

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

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

  10. Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 60. Noes 12. Page 5238.).

  11. Read third time and amended. Ordered to third reading. (Page 5237.)

  12. Assembly Rule 63 suspended. (Page 5220.)

  13. Assembly Rule 69 suspended. (Page 5220.)

  14. Read second time. Ordered to third reading.

  15. Read second time and amended. Ordered returned to second reading.

  16. From committee: Amend, and do pass as amended. (Ayes 13. Noes 1.) (May 27).

  17. In committee: Set, first hearing. Referred to APPR. suspense file.

  18. Re-referred to Com. on APPR.

  19. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  20. Re-referred to Com. on APPR.

  21. Read second time and amended.

  22. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 21).

  23. In committee: Reconsideration granted.

  24. Joint Rule 62(a), file notice suspended. (Page 4448.)

  25. In committee: Set, second hearing. Failed passage.

  26. In committee: Set, first hearing. Referred to suspense file.

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

  28. From printer. May be heard in committee March 20.

  29. Read first time. To print.

Sponsors

  • Runner · Cosponsor
  • Wood · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 5 voted No

Sponsors (1)

  • Wood

Co-sponsors (1)

  • Runner

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Hill — Yea
Lara — Yea
Mendoza — Yea
Nielsen — Yea
McGuire, Mike Democratic Yea

Official roll call →

AB 2243 WOOD Third Reading Urgency

Passed 60 Yea · 12 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 531007
Democratic 5000
Republican 2201
Total 601208
% of votes cast 75%15%0%10%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Nay
Brough — Nay
Brown — Yea
Holden — Yea
Linder — Nay
Low — Yea
Maienschein — Yea
Mathis — Nay
Nazarian — Yea
Obernolte — Not Voting
Olsen — Yea
Ridley-Thomas — Yea
Wilk — Yea
Wood — Yea
Burke — Yea
Eggman — Yea
Cooley — Yea
Daly — Yea
Campos — Yea
Chávez — Yea
Salas — Yea
Cooper — Yea
Bonilla — Yea
Gatto — Yea
Gray — Yea
Jones-Sawyer — Yea
Lopez — Yea
Mayes — Yea
Medina — Yea
Bloom — Yea
Dababneh — Yea
Dodd — Yea
Mullin — Yea
O'Donnell — Yea
Rendon — Yea
Gordon — Yea
McCarty — Yea
Chiu — Yea
Thurmond — Yea
Weber — Yea
Atkins — Yea
Chang — Not Voting
Frazier — Yea
Harper — Nay
Bigelow — Not Voting
Chau — Yea
Chu — Yea
Kim — Not Voting
Levine — Yea
Melendez — Nay
Quirk — Nay
Rodriguez — Yea
Santiago — Yea
Steinorth — Nay
Ting — Not Voting
Wagner — Not Voting
Waldron — Nay
Williams — Yea
Gomez — Yea
Hadley — Yea
Beth Gaines — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 13 Yea · 1 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 11104
Democratic 2000
Republican 0002
Total 13106
% of votes cast 65%5%0%30%
How each member voted (20)
Member Party Vote
Bloom — Yea
Obernolte — Not Voting
Quirk — Nay
Wagner — Not Voting
Eggman — Yea
Daly — Yea
Holden — Yea
Bonilla — Yea
Bigelow — Not Voting
Chang — Not Voting
Santiago — Yea
Weber — Yea
Wood — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Reconsideration.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7001
Democratic 1000
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Brough — Yea
Quirk — Not Voting
Ridley-Thomas — Yea
Wagner — Yea
Dababneh — Yea
Mullin — Yea
O'Donnell — Yea
Jim Patterson — Yea
Gipson, Mike A. Democratic Yea

Official roll call →

Subjects

taxation environment healthcare
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Frequently asked questions

What does AB 2243 do?
The Medical Cannabis Regulation and Safety Act, administered by the director of the Bureau of Medical Cannabis Regulation, provides for the licensure of persons engaged in specified activities relating to medical cannabis, including cultivation and distribution. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would, for the privilege of doing business as a distributor in this state, impose a tax in specified amounts on every distributor upon all medical cannabis and medical cannabis products distributed to a dispensary in this state, as specified. The bill would require the State Board of Equalization to administer and collect the tax pursuant to the procedures set forth in the Fee Collection Procedures Law. The bill would require a distributor to register for a permit with the board and would allow the board to suspend or revoke a permit. The bill would authorize the board to prescribe by regulation a method and manner for payment of the tax that utilizes tax stamps or state-issued product bags. The bill would require all moneys, less refunds and costs of administration, to be deposited into the Cannabis Production and Environment Mitigation Fund, which this bill would establish in the State Treasury. This bill would continuously appropriate the moneys in that fund in specified percentages to, among other things, fund competitive grants for local law enforcement-related activities pertaining to illegal cannabis cultivation; to fund environmental cleanup restoration and protection of public and private lands that have been damaged by illegal cannabis cultivation; to address the environmental impacts of cannabis cultivation on public and private lands in California and fund other state enforcement-related activities pertaining to illegal cannabis cultivation; and to fund Regional Marijuana Enforcement Officers. This bill, except as provided, would become inoperative on January 1, 2018, if Proposition 64, also known as the Control, Regulate and Tax Adult Use of Marijuana Act, is approved by the voters at the November 8, 2016, statewide general election and takes effect. This bill would repeal all of its provisions as of January 1, 2025. By expanding the application of the Fee Collection Procedures Law, which imposes criminal penalties for various acts, this bill would 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 it is to take effect immediately as an urgency statute.
Who sponsors AB 2243?
AB 2243 is sponsored by Runner and Wood.
What is the current status of AB 2243?
This bill died with 2015-2016 Regular Session. It reached “Passed Assembly” 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 2243?
Track AB 2243 free on One Click Politics — get push/email alerts when it moves.

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