Today's Law As Amended


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AB-1588 Marijuana.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 11358 of the Health and Safety Code is amended to read:

11358.
 Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law, shall be punished as follows:
(a) Each person under the age of 18 who plants, cultivates, harvests, dries, or processes any cannabis plants shall be punished in the same manner provided in paragraph (1) of subdivision (b) of Section 11357.
(b) Each person at least 18 years of age but less than 21 years of age who plants, cultivates, harvests, dries, or processes not more than six living cannabis plants shall be guilty of an infraction and a fine of not more than one hundred dollars ($100).
(c) Each person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.
(d) (a)  Notwithstanding subdivision (c), a person 18 years of age or over  Every person  who plants, cultivates, harvests, dries, or processes more than six living cannabis plants,  any marijuana  or any part thereof, except as otherwise provided by law, may shall  be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if any of the following conditions exist: Code. 
(1) The person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.
(2) The person has two or more prior convictions under subdivision (c).
(3) The offense resulted in any of the following:
(A) Violation of Section 1052 of the Water Code relating to illegal diversion of water.
(B) Violation of Section 13260, 13264, 13272, or 13387 of the Water Code relating to discharge of water.
(C) Violation of Section 5650 or 5652 of the Fish and Game Code relating to waters of the state.
(D) Violation of Section 1602 of the Fish and Game Code relating to rivers, streams, and lakes.
(E) (b)  Violation of Section 374.8 of the Penal Code relating to hazardous substances or Section 25189.5, 25189.6, or 25189.7 of the Health and Safety Code relating to hazardous waste. In addition to the punishment described in subdivision (a), every person who violates subdivision (a) within a 1,000-foot radius of a school shall also be punished by a fine of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000). For the purposes of this section, “school” means any public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes. 
(F) Violation of Section 2080 of the Fish and Game Code relating to endangered and threatened species or Section 3513 of the Fish and Game Code relating to the Migratory Bird Treaty Act, or Section 2000 of the Fish and Game Code relating to the unlawful taking of fish and wildlife.
(G) Intentionally or with gross negligence causing substantial environmental harm to public lands or other public resources.

SEC. 2.

 Section 11362.768 of the Health and Safety Code is amended to read:

11362.768.
 (a) This section shall apply to individuals specified in subdivision (b) of Section 11362.765.
(b) No medicinal cannabis medical marijuana  cooperative, collective, dispensary, operator, establishment, or provider who possesses, cultivates, or distributes medicinal cannabis medical marijuana  pursuant to this article shall be located within a 600-foot 1,000-foot  radius of a school.
(c) The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the school to the closest property line of the lot on which the medicinal cannabis medical marijuana  cooperative, collective, dispensary, operator, establishment, or provider is to be located without regard to intervening structures.
(d) This section shall not apply to a medicinal cannabis medical marijuana  cooperative, collective, dispensary, operator, establishment, or provider that is also a licensed residential medical or elder care facility.
(e) This section shall apply only to a medicinal cannabis medical marijuana  cooperative, collective, dispensary, operator, establishment, or provider that is authorized by law to possess, cultivate, or distribute medicinal cannabis medical marijuana  and that has a storefront or mobile retail outlet which ordinarily requires a local business license.
(f) Nothing in this section shall prohibit a city, county, or city and county from adopting ordinances or policies that further restrict the location or establishment of a medicinal cannabis medical marijuana  cooperative, collective, dispensary, operator, establishment, or provider.
(g) This section does not  Nothing in this section shall  preempt local ordinances, adopted prior to January 1, 2011, 2015,  that regulate the location or establishment of a medicinal cannabis medical marijuana  cooperative, collective, dispensary, operator, establishment, or provider.
(h) For the purposes of this section, “school” means any public or private school providing instruction in kindergarten or any of  grades 1 to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.