California lawmakers approved a series of bills in the final hours of the 2015 legislative session that seek to establish statewide rules and oversight governing the distribution of medicinal cannabis. The three bills — Assembly Bill 266, Senate Bill 643, and Assembly Bill 243 — now await final approval from Democrat Gov. Jerry Brown.
Much of the measures’ finalized language was amended and approved by lawmakers at the close of the session and was not subject to public testimony or significant floor debate.
Specifically, the legislative package creates a Bureau of Medical Marijuana Regulation within the Department of Consumer Affairs to develop rules and licensing procedures for authorized medical cannabis dispensaries. Dispensaries will be required to operate in accordance with local guidelines prior to receiving a state license. State-licensed dispensaries will be permitted to operate on a ‘for profit’ basis. However, the new regulations do not override municipal moratoriums that are already in place prohibiting such operations in various jurisdictions throughout the state, nor do they prohibit the collection of local sales taxes on marijuana purchases in communities that presently impose them.
Separate language in the bills seeks to regulate the licensed production of cannabis and imposes rules in regard to growing, testing, and labeling cannabis like other agricultural products. The bills also seek to provide additional oversight to physicians who recommend cannabis therapy. However, the measures do not limit physicians from recommending cannabis at their own discretion — activity which is codified under Proposition 215/the Compassionate Use Act.
Proposed language seeking to impose an excise tax on various cannabis products was not included in the final bill package.
If signed into law, the new regulations will take effect in 2017.
California voters initially approved Proposition 215 in 1996, which permits qualified patients to possess and/or grow marijuana for therapeutic purposes. However, the measure did not provide language explicitly providing for third-party providers outside of assigned caregivers, instead calling upon state lawmakers “to implement a plan of safe and affordable distribution of marijuana to all patients in medical need of marijuana.”
California NORML has additional information of the measures here and here.
Today a Blue Ribbon Commission led by California Lieutenant Governor Gavin Newsom released a report providing a total of 58 recommendations for advocates to consider as they move forward to place a legalization initiative on the statewide ballot in November 2016.
California will be joined by a number of other states hoping to legalize marijuana in 2016.
This report seeks to provide regulatory guidance for the state’s forthcoming legalization effort. The commission prefaced its report by stating: “Legalization of marijuana would not be an event that happens in one election. Rather, it would be a process that unfolds over many years requiring sustained attention to implementation.”
The 93-page report addresses policy options on a myriad of subjects, ranging from commercial production to taxation and everything in between. Authors advocate that the four core goals of legalizing cannabis are: promoting the public interest, reducing the size of the illicit market, offering legal protection to responsible actors, and capturing and investing tax revenue. Another predominant theme throughout the report is youth safety. The Commissions states, “A Tax and Regulate policy legalizing marijuana use by adults has the potential to reserve sufficient revenue to provide universal access to programs such as Student Assistance Programs (SAPs) that emphasize learning skills, remediation of academic performance, improved school climate, school retention, peer group interventions, family engagement and more effective drug education, prevention and counseling programs. ”
Notably, the report acknowledges that if California voters were to legalize in 2016, “state officials should engage the federal government, both to ensure compliance with these federal enforcement priorities and to help change other federal rules that may be obstacles to safe legalization at the state level,” signaling that lawmakers intend to bring immense pressure to federal authorities to accommodate state legalization efforts. Specific changes the report wishes to see on the federal level are amendments to banking regulations and IRS rules.
While the report itself avoids explicitly endorsing or opposing marijuana legalization, Lieutenant Governor Newsom has been an outspoken critic of prohibition and is currently the highest office holder in California calling for the plant’s legalization.
Six separate initiatives have been filed in California so far in hopes of legalizing marijuana for recreational use. Voters rejected legalization previously in 2010 but a recent poll performed by the Public Policy Institute of California puts support among likely voters at 56%.
Fifty-four percent of Californians support legalizing marijuana for adults, according to polling data commissioned by the Public Policy Institute of California and released today.
The percentage of respondents agreeing that “the use of marijuana should be legal” increased three percent since 2014. Fifty-four percent is the highest level of support for legalizing cannabis ever reported in a PPIC poll.
Among likely voters, 56 percent favor legalization (versus 41 percent opposed).
Democrats (65 percent), Californians age 18 to 34 (62 percent), Independent voters (61 percent), and whites (60 percent) were most likely to favor legalization. Sixty percent of Latinos and 57 percent of Republicans opposed legalization.
The complete PPIC poll is online here.
California is one of several states where voters are anticipated to decide whether or not to legalize and regulate the use, production, and retail sale of the plant in 2016.
There are thousands of licensed cannabis-related businesses these days in states like Colorado, Washington and California; and soon enough too in Alaska and Oregon. Medical cannabis-related businesses also dot the national landscape as well.
When Californians were the first in 1996 to cast votes in favor of allowing medical access to cannabis, with a near singular message of ‘compassion’ for patients that need therapeutic access to the plant. Advocates for the passage of Prop. 215 (including NORML) didn’t envisage that the initiative did more than two primary things:
-exempt from criminal arrest and prosecution medical patients who possess physician’s recommendation to use cannabis as a therapeutic
-allow for ‘compassionate’ access through collectives that, ideally, were to be not for profit
Well…culture, custom, commerce and the free market–not too surprisingly–largely came to trump compassion as a primary impetus for a medical cannabis collective’s being. The hundreds of medical cannabis businesses that currently exist in California labor under laws originally meant for lending legal protections for ‘self-preservation’ and ‘collectivism’ regarding how medical cannabis was to be a distributed to the sick, dying and sense-threatened.
However, one genuine cannabis patient collective has managed to survive for 20 years, the Santa Cruz-based WAMM.
Headed by NORML Advisory board member and MS patient Valerie Corral, WAMM has been a remarkable leader in legal challenges to federal encroachment, medical and botanical research. WAMM provides a comfortable, nurturing and inviting environment–physically and emotionally–to women and men who need therapeutic access to cannabis, in safe environs and who want to be part of a community that cultivates and shares the cannabis grown amongst the collective’s members.
If possible, please make a timely donation to Save WAMM!
The percentage in favor of legalization is the highest level of support ever recorded in the statewide poll.
African Americans (69 percent), Whites (64 percent), Democrats (63 percent), and Independents (57 percent) were most likely to express support for legalizing the plant’s use while Republicans (44 percent), Latinos (42 percent), and Asians (39 percent) were most likely to oppose the policy change.
Among those respondents who acknowledges having tried cannabis, 74 percent supported legalization. Among respondents who had never tried cannabis, 63 percent favored keeping it illegal.
The poll possesses a margin of error of +/- 4.7 percent.
California is one of several states in 2016 where the issue of regulating marijuana is expected to be decided by ballot measure. The issue is also anticipated to be before voters next November in Arizona, Maine, Massachusetts, Michigan, Missouri, and Nevada.
In 2010, California voters rejected a ballot initiative that sought to permit the personal cultivation and commercial sale of cannabis by a vote of 46.5 percent to 53.5 percent.