California 2015-2016 Regular Session Status: To Executive 1 D cosponsors

AB 567 — Medical cannabis: regulation and taxation amnesty.

Last action — Vetoed by Governor.

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

This bill died with 2015-2016 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) 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. Existing law, the Medical Marijuana Program, requires the State Department of Public Health to establish a voluntary program for the issuance of identification cards to qualified patients and primary caregivers under the Compassionate Use Act, and grants immunity from arrest for violation of specified provisions relating to the cultivation, possession, transportation, and sale of marijuana, if conditions of the act are met. Existing law imposes sales and use taxes collected and administered by the State Board of Equalization. Existing law sets forth various penalties, including penalties for the nonpayment or late payment of those taxes, and the failure to file or intentional filing of incorrect returns. Existing law established a tax amnesty program, conducted in 2005, with respect to sales and use tax penalties. This bill would require the State Board of Equalization to administer a tax penalty amnesty program during the period beginning on July 1, 2017, through December 31, 2017, inclusive, for medical cannabis-related businesses, as provided. The bill would define a medical cannabis-related business for these purposes as a person that engages in the sale of cannabis for medical purposes to qualified patients or the primary caregivers of qualified patients pursuant to the Compassionate Use Act or the Medical Marijuana Program. The bill would require the Department of Consumer Affairs to suspend or refuse to issue a state license to a medical cannabis-related business that is eligible to, but does not participate in, the program and meets other specified conditions. (2) This bill would make related findings and declarations. The bill would also make technical and conforming changes. (3) Existing state constitutional law prohibits the Legislature from making any gift, or authorizing the making of any gift, of any public money or thing of value to any individual, municipal, or other corporation. This bill would make certain legislative findings and declarations that a tax penalty amnesty program to incentivize a specific type of business to become current with its tax obligations serves a general public purpose and therefore is not a gift of public funds. (4) This bill would incorporate additional changes to Section 19323 of the Business and Professions Code proposed by AB 26 that would become operative if this bill and AB 26 are enacted and this bill is enacted last.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 4 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 56. Noes 16. Page 6463.).

  4. From committee: That the Senate amendments be concurred in. (Ayes 5. Noes 2.) (August 29).

  5. Re-referred to Com. on REV. & TAX. pursuant to Assembly Rule 77.2.

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 7. Page 5289.).

  8. Read second time. Ordered to third reading.

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

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 5. Noes 2.) (August 11).

  12. Referred to APPR. suspense file.

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

  14. In committee: Set, first hearing. Hearing canceled at the request of author.

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 22). Re-referred to Com. on APPR.

  16. Read second time and amended. Re-referred to Com. on GOV. & F.

  17. From committee: Amend, and do pass as amended and re-refer to Com. on GOV. & F. (Ayes 8. Noes 1.) (June 13).

  18. Re-referred to Coms. on B., P. & E.D. and GOV. & F.

  19. Re-referred to Com. on RLS.

  20. Withdrawn from committee.

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

  22. Re-referred to Coms. on HEALTH and GOV. & F.

  23. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c) .

  24. Read second time. Ordered to third reading.

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

  26. Read second time. Ordered to third reading.

  27. From committee: Do pass. (Ayes 4. Noes 3.) (July 8).

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

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

  30. Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 29. Page 1625.)

  31. Read second time. Ordered to third reading.

  32. From committee: Do pass. (Ayes 5. Noes 3.) (May 14).

  33. Joint Rule 62(a), file notice suspended. (Page 1369.)

  34. In committee: Hearing postponed by committee.

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

  36. From printer. May be heard in committee March 27.

  37. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 12 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

AB 567 GIPSON Concurrence in Senate Amendments

Passed 56 Yea · 16 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 501307
Democratic 5000
Republican 1301
Total 561608
% of votes cast 70%20%0%10%
How each member voted (80)
Member Party Vote
Achadjian — Not Voting
Alejo — Yea
Baker — Yea
Brough — Not Voting
Brown — Yea
Harper — Nay
Jones-Sawyer — Yea
Low — Yea
Maienschein — Not Voting
Mathis — Yea
Olsen — Not Voting
Steinorth — Nay
Waldron — Not Voting
Wood — Yea
Eggman — Yea
Daly — Yea
Frazier — Yea
Burke — Yea
Salas — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Yea
Gray — Yea
Holden — Yea
Levine — Yea
Linder — Yea
Bloom — Yea
Campos — Yea
Chang — Yea
Chiu — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
McCarty — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Rendon — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Thurmond — Yea
Weber — Yea
Wilk — Yea
Williams — Yea
Chau — Yea
Atkins — Yea
Chu — Yea
Santiago — Yea
Lopez — Nay
Gatto — Nay
Chávez — Nay
Cooper — Nay
Bigelow — Nay
Kim — Not Voting
Mayes — Not Voting
Melendez — Nay
Obernolte — Nay
Quirk — Yea
Ting — Yea
Wagner — Nay
Hadley — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
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 Not Voting
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB567 Gipson By McGuire

Passed 32 Yea · 7 Nay
Party YeaNayPresentNot Voting
Unaffiliated 30600
Democratic 2100
Total 32700
% of votes cast 82%18%0%0%
How each member voted (39)
Member Party Vote
Bates — Nay
Beall — Yea
Hill — Yea
Lara — Yea
Leyva — Yea
Morrell — Nay
Nielsen — Nay
Wolk — Yea
Fuller — Nay
Galgiani — Yea
Glazer — Yea
Hall — Yea
Hernandez — Yea
Hertzberg — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Hueso — Yea
Cannella — Yea
Anderson — Nay
Block — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Pan — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass

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
Mendoza — Yea
Hill — Yea
Lara — Yea
Bates — Nay
Beall — Yea
Nielsen — Nay
McGuire, Mike Democratic Yea

Official roll call →

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
Hill — Yea
Lara — Yea
Nielsen — Yea
Bates — Yea
Beall — Yea
Mendoza — Yea
McGuire, Mike Democratic Yea

Official roll call →

Do pass

Passed 4 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 0100
Total 4300
% of votes cast 57%43%0%0%
How each member voted (7)
Member Party Vote
Beall — Nay
Hertzberg — Yea
Moorlach — Nay
Hernandez — Yea
Lara — Yea
Pavley — Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

AB 567 GIPSON Assembly Third Reading

Passed 47 Yea · 29 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 442303
Democratic 3100
Republican 0501
Total 472904
% of votes cast 59%36%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Bigelow — Nay
Bloom — Not Voting
Brough — Nay
Brown — Yea
Harper — Nay
Jones-Sawyer — Yea
Levine — Yea
Maienschein — Nay
Mathis — Nay
Melendez — Nay
O'Donnell — Yea
Rendon — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Wood — Yea
Cooper — Yea
Daly — Not Voting
Salas — Yea
Bonilla — Yea
Eggman — Yea
Gatto — Yea
Gomez — Yea
Gray — Yea
Gordon — Yea
Lopez — Yea
Hadley — Nay
Holden — Yea
Kim — Nay
Atkins — Yea
Linder — Nay
Low — Yea
Burke — Yea
Mayes — Nay
McCarty — Yea
Medina — Yea
Mullin — Yea
Campos — Yea
Baker — Nay
Chang — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Dababneh — Nay
Dodd — Yea
Nazarian — Yea
Obernolte — Nay
Olsen — Nay
Perea — Yea
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Steinorth — Nay
Thurmond — Yea
Wagner — Nay
Waldron — Nay
Wilk — Nay
Williams — Yea
Alejo — Not Voting
Frazier — Yea
Gonzalez — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Nay
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 5 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4201
Democratic 1000
Republican 0100
Total 5301
% of votes cast 56%33%0%11%
How each member voted (9)
Member Party Vote
Brough — Nay
Mullin — Yea
Ting — Yea
Dababneh — Not Voting
Quirk — Yea
Wagner — Nay
Roger Hernández — Yea
Gipson, Mike A. Democratic Yea
Patterson, Joe Republican Nay

Official roll call →

Subjects

taxation healthcare
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Frequently asked questions

What does AB 567 do?
(1) 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. Existing law, the Medical Marijuana Program, requires the State Department of Public Health to establish a voluntary program for the issuance of identification cards to qualified patients and primary caregivers under the Compassionate Use Act, and grants immunity from arrest for violation of specified provisions relating to the cultivation, possession, transportation, and sale of marijuana, if conditions of the act are met. Existing law imposes sales and use taxes collected and administered by the State Board of Equalization. Existing law sets forth various penalties, including penalties for the nonpayment or late payment of those taxes, and the failure to file or intentional filing of incorrect returns. Existing law established a tax amnesty program, conducted in 2005, with respect to sales and use tax penalties. This bill would require the State Board of Equalization to administer a tax penalty amnesty program during the period beginning on July 1, 2017, through December 31, 2017, inclusive, for medical cannabis-related businesses, as provided. The bill would define a medical cannabis-related business for these purposes as a person that engages in the sale of cannabis for medical purposes to qualified patients or the primary caregivers of qualified patients pursuant to the Compassionate Use Act or the Medical Marijuana Program. The bill would require the Department of Consumer Affairs to suspend or refuse to issue a state license to a medical cannabis-related business that is eligible to, but does not participate in, the program and meets other specified conditions. (2) This bill would make related findings and declarations. The bill would also make technical and conforming changes. (3) Existing state constitutional law prohibits the Legislature from making any gift, or authorizing the making of any gift, of any public money or thing of value to any individual, municipal, or other corporation. This bill would make certain legislative findings and declarations that a tax penalty amnesty program to incentivize a specific type of business to become current with its tax obligations serves a general public purpose and therefore is not a gift of public funds. (4) This bill would incorporate additional changes to Section 19323 of the Business and Professions Code proposed by AB 26 that would become operative if this bill and AB 26 are enacted and this bill is enacted last.
Who sponsors AB 567?
AB 567 is sponsored by Gipson, Mike A. (Democratic).
What is the current status of AB 567?
This bill died with 2015-2016 Regular Session. It reached “To Executive” 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 567?
Track AB 567 free on One Click Politics — get push/email alerts when it moves.

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