SB 643 — Medical marijuana.

Summary

(1) Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 6, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law enacted by the Legislature requires the establishment of a program for the issuance of identification cards to qualified patients so that they may lawfully use marijuana for medical purposes, and requires the establishment of guidelines for the lawful cultivation of marijuana grown for medical use. Existing law provides for the licensure of various professions by the Department of Consumer Affairs. Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of food, drugs, devices, and cosmetics, as specified. A violation of that law is a crime. This bill would, among other things, set forth standards for a physician and surgeon prescribing medical cannabis and require the Medical Board of California to prioritize its investigative and prosecutorial resources to identify and discipline physicians and surgeons that have repeatedly recommended excessive cannabis to patients for medical purposes or repeatedly recommended cannabis to patients for medical purposes without a good faith examination, as specified. The bill would require the Bureau of Medical Marijuana to require an applicant to furnish a full set of fingerprints for the purposes of conducting criminal history record checks. The bill would prohibit a physician and surgeon who recommends cannabis to a patient for a medical purpose from accepting, soliciting, or offering any form of remuneration from a facility licensed under the Medical Marijuana Regulation and Safety Act. The bill would make a violation of this prohibition a misdemeanor, and by creating a new crime, this bill would impose a state-mandated local program. This bill would require the Governor, under the Medical Marijuana Regulation and Safety Act, to appoint, subject to confirmation by the Senate, a chief of the Bureau of Medical Marijuana Regulation. The act would require the Department of Consumer Affairs to have the sole authority to create, issue, renew, discipline, suspend, or revoke licenses for the transportation and storage, unrelated to manufacturing, of medical marijuana, and would authorize the department to collect fees for its regulatory activities and impose specified duties on this department in this regard. The act would require the Department of Food and Agriculture to administer the provisions of the act related to, and associated with, the cultivation, and transportation of, medical cannabis and would impose specified duties on this department in this regard. The act would require the State Department of Public Health to administer the provisions of the act related to, and associated with, the manufacturing and testing of medical cannabis and would impose specified duties on this department in this regard. This bill would authorize counties to impose a tax upon specified cannabis-related activity. This bill would require an applicant for a state license pursuant to the act to provide a statement signed by the applicant under penalty of perjury, thereby changing the scope of a crime and imposing a state-mandated local program. This bill would set forth standards for the licensed cultivation of medical cannabis, including, but not limited to, establishing duties relating to the environmental impact of cannabis and cannabis products. The bill would also establish state cultivator license types, as specified. (2) This bill would provide that its provisions are severable. (3) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (4) Existing constitutional provisions require that a statute that limits the right of access to the meeting of public bodies or the writings of public bodies or the writings of public officials and agencies be adopted with finding demonstrating the interest protected by the limitation and the need for protecting that interest. The bill would make legislative findings to that effect. (5) The bill would become operative only if AB 266 and AB 243 of the 2015–16 Regular Session are enacted and take effect on or before January 1, 2016.

Bill Text

• Chaptered 10/09/15 - Chaptered Current pdf October 09, 2015
• Enrolled 09/16/15 - Enrolled pdf September 16, 2015
• Amended 09/11/15 - Amended Assembly pdf September 11, 2015
• Amended 09/04/15 - Amended Assembly pdf September 04, 2015
• Amended 09/01/15 - Amended Assembly pdf September 01, 2015
• Amended 08/18/15 - Amended Assembly pdf August 18, 2015
• Amended 08/17/15 - Amended Assembly pdf August 17, 2015
• Amended 06/03/15 - Amended Senate pdf June 03, 2015
• Amended 05/06/15 - Amended Senate pdf May 06, 2015
• Amended 04/06/15 - Amended Senate pdf April 06, 2015
• Introduced 02/27/15 - Introduced pdf February 27, 2015
• SB643 View text html

Action History

1. October 09, 2015

   Chaptered by Secretary of State. Chapter 719, Statutes of 2015.

2. October 09, 2015

   Approved by the Governor.

3. September 17, 2015

   Enrolled and presented to the Governor at 4:45 p.m.

4. September 11, 2015

   Assembly amendments concurred in. (Ayes 30. Noes 9. Page 2781.) Ordered to engrossing and enrolling.

5. September 11, 2015

   In Senate. Concurrence in Assembly amendments pending.

6. September 11, 2015

   Read third time. Passed. (Ayes 58. Noes 13. Page 3191.) Ordered to the Senate.

7. September 11, 2015

   Read second time and amended. Ordered to third reading.

8. September 11, 2015

   From committee: Do pass as amended. (Ayes 8. Noes 1.) (September 11).

9. September 11, 2015

   Assembly Rule 63 suspended.

10. September 11, 2015

    Joint Rule 62(a) suspended.

11. September 04, 2015

    Re-referred to Com. on B. & P. pursuant to Assembly Rule 77.2.

12. September 04, 2015

    Ordered to third reading.

13. September 04, 2015

    Read third time and amended.

14. September 04, 2015

    Assembly Rule 69 suspended.

15. September 02, 2015

    Read second time. Ordered to third reading.

16. September 01, 2015

    Read second time and amended. Ordered to second reading.

17. August 31, 2015

    From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 27).

18. August 27, 2015

    Joint Rule 62(a) suspended.

19. August 26, 2015

    August 26 set for first hearing. Placed on APPR. suspense file.

20. August 18, 2015

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

21. August 17, 2015

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

22. July 16, 2015

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 2.) (July 14).

23. July 07, 2015

    From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 8. Noes 2.) (July 7). Re-referred to Com. on HEALTH.

24. June 19, 2015

    Referred to Coms. on B. & P. and HEALTH.

25. June 04, 2015

    In Assembly. Read first time. Held at Desk.

26. June 04, 2015

    Read third time. Passed. (Ayes 26. Noes 13. Page 1328.) Ordered to the Assembly.

27. June 03, 2015

    Read second time and amended. Ordered to third reading.

28. June 02, 2015

    From committee: Do pass as amended. (Ayes 5. Noes 1. Page 1157.) (May 28).

29. May 23, 2015

    Set for hearing May 28.

30. May 18, 2015

    May 18 hearing: Placed on APPR. suspense file.

31. May 08, 2015

    Set for hearing May 18.

32. May 06, 2015

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

33. May 05, 2015

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 816.) (April 29).

34. April 24, 2015

    Set for hearing April 29.

35. April 22, 2015

    Re-referred to Com. on GOV. & F.

36. April 21, 2015

    From committee: Do pass and re-refer to Com. on RLS. (Ayes 7. Noes 0. Page 699.) (April 20). Re-referred to Com. on RLS.

37. April 10, 2015

    Set for hearing April 20.

38. April 09, 2015

    Re-referred to Coms. on B., P. & E.D. and RLS.

39. April 06, 2015

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

40. March 12, 2015

    Referred to Com. on RLS.

41. March 02, 2015

    Read first time.

42. March 02, 2015

    From printer. May be acted upon on or after April 1.

43. February 27, 2015

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

Sponsors

• Mike McGuire · Primary

Votes

Subjects