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AB 26, As Amended, Jones-Sawyer. Medical Cannabis.
(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, authorizes the use of marijuana for medical purposes. Existing law, the Medical Cannabis Regulation and Safety Act (MCRSA), enacted by the Legislature, establishes within the Department of Consumer Affairs the Bureau of Medical Cannabis Regulation, and provides for the state licensure and regulation of certain commercial cannabis activities by the bureau, the Department of Food and Agriculture, or the State Department of Public Health, as specified.
SCOPE OF LAND USE REGULATIONS FOR MARIJUANA-RELATED USES
The City is in the process of transitioning from allowing limited land use provisions for the dispensing of medical marijuana to allow for the cultivation, distribution, processing, and sale of marijuana for both medical and non-medical adult use. In order to provide a clear regulatory path for this industry, the Department of City Planning (Department) will be navigating a complex legal framework, which includes an existing regulatory system governing Medical Marijuana Dispensaries (MMDs) and drafting proposed land use regulations, pursuant to new authority given by the passage of the State’s Adult Use of Marijuana Act (AUMA). This report identifies some key land use topics to be addressed in this upcoming proposed land use ordinance. The passage of AUMA legalizes recreational/adult use of marijuana throughout the State and allows the City, at its discretion, to adopt local ordinances to regulate marijuana-related businesses. Those ordinances may include local zoning and land use requirements.
AB 259, As Amended, Gipson.
Medical cannabis and nonmedical marijuana: California residency requirement for licensing.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), added by Proposition 64 at the November 8, 2016, statewide general election, authorizes a person 21 years of age or older to possess and use specified amounts of marijuana. AUMA provides for the licensing and regulation of cultivation, manufacture, distribution, testing, and retail sale of nonmedical marijuana and nonmedical marijuana products. Until December 31, 2019, AUMA requires a person to demonstrate continuous California residency from or before January 1, 2015, in order to be issued a license for commercial nonmedical marijuana activity. AUMA authorizes legislative amendment of its provisions with a 2/3 vote of both houses, without submission to the voters, to further its purposes and intent.