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Corrected
August 07, 2014 |
Amended
IN
Assembly
August 04, 2014 |
Amended
IN
Assembly
July 02, 2014 |
Amended
IN
Assembly
June 15, 2014 |
Amended
IN
Senate
May 27, 2014 |
Amended
IN
Senate
May 07, 2014 |
Amended
IN
Senate
April 21, 2014 |
Senate Bill | No. 1262 |
Introduced by Senator Correa (Principal coauthor: Assembly Member Ammiano) |
February 21, 2014 |
LEGISLATIVE COUNSEL'S DIGEST
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Digest Key
Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(i)
SEC. 2.
Section 2220.05 of the Business and Professions Code is amended to read:2220.05.
(a) In order to ensure that its resources are maximized for the protection of the public, the Medical Board of California shall prioritize its investigative and prosecutorial resources to ensure that physicians and surgeons representing the greatest threat of harm are identified and disciplined expeditiously. Cases involving any of the following allegations shall be handled on a priority basis, as follows, with the highest priority being given to cases in the first paragraph:SEC. 3.
Article 25 (commencing with Section 2525) is added to Chapter 5 of Division 2 of the Business and Professions Code, to read:Article 25. Recommending Medical Marijuana
2525.
(a) It is unlawful for a physician and surgeon who recommends marijuana to a patient for a medical purpose to accept, solicit, or offer any form of remuneration from or to a facility licensed pursuant to Part 5 (commencing with Section 18100) of Division 7, if the physician and surgeon or his or her immediate family have a financial interest in that facility.2525.1.
The2525.2.
A physician and surgeon shall not recommend medical marijuana to a patient, unless that person is the patient’s attending physician, as defined by subdivision (a) of Section 11362.7 of the Health and Safety Code.SEC. 4.
Part 5 (commencing with Section 18100) is added to Division 7 of the Business and Professions Code, to read:PART 5. Medical Marijuana
18100.
For purposes of this part, the following definitions shall apply:(c)
(d)
(e)
(f)
(g)“Licensed processing facility” means a facility where marijuana or marijuana products are inspected, packaged, labeled, or otherwise prepared, warehoused, or stored prior to being provided to another facility licensed pursuant to this part, to a patient with a medical marijuana recommendation, or otherwise distributed, and that is licensed pursuant to this part.
(h)
(i)
(a)(1)There is hereby created in the Department of Consumer Affairs the Bureau of Medical Marijuana Regulation. The bureau shall be administered by an executive officer who shall be a civil servant appointed pursuant to civil service rules by the Governor, and who shall be known as the Executive Officer of the Bureau of Medical Marijuana Regulation.
(2)Funds for the establishment and support of the bureau shall be advanced as a loan by the Department of Consumer Affairs and shall be repaid by the initial proceeds from fees collected pursuant to subdivision (b) of Section 18101.1, paragraph (9) of subdivision (f) of Section 18101.2, and
subdivision (b) of Section 18101.3.
(b)(1)The bureau shall have the power to license persons for the cultivation, manufacture, transportation, storage, distribution, and sale of medical marijuana within the state and to collect licensing fees in connection with these actions.
(2)The bureau shall exercise its authority pursuant to paragraph (1) consistent with subdivision (f) of Section 1 of the act that added this section and consistent with the provisions of this part.
The bureau shall have the authority, subject to local ordinances, to license persons for the cultivation, manufacture, transportation, storage, and sale of medical marijuana within the state, and to levy appropriate related licensing fees not to exceed the reasonable costs of enforcement and administration of this part. The bureau shall not issue a license if the applicant has not met all requirements pursuant to this part. A license, once issued, shall be suspended within 10 days of notification to the bureau by a local agency that a licensee is no longer in compliance with any local ordinance or regulation. The bureau shall have the power necessary for the administration of this part, including, but not limited to, the following:
(a)Establishing statewide minimum standards for the cultivation, manufacturing, transportation, storage, distribution, provision, donation, and sale of medical marijuana and medical marijuana products, and procedures for the issuance, renewal, suspension, and revocation of licenses.
(b)Establishing a scale of application, license, and renewal fees, to be imposed by the state, for licenses for the cultivation, manufacturing, transportation, distribution, and sale of medical marijuana and medical marijuana products. The bureau may charge separate fees for each license application for cultivation, manufacturing, transportation, distribution, and sale. The total fees imposed pursuant to this part shall be based on the actual costs of administering and enforcing this part.
(c)Making and proscribing any rule that may be necessary or proper to carry out the purposes and intent of this part and to enable it to exercise the powers and perform the duties conferred upon it by this part and in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the performance of its duties, the bureau has the powers as set forth in Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.
(d)Approving or denying applications, subject to local ordinances, for cultivation, manufacturing, labeling, transportation, distribution, provision, donation, and sale of medical marijuana pursuant to this part.
(e)The bureau shall, with input from local agencies, deny, suspend, or revoke any license issued pursuant to this part, or fine any licensee, if the bureau determines that the granting or continuance of the license would be contrary to public welfare or morals or that a person holding or seeking a license has violated any law prohibiting conduct involving moral turpitude or an applicable local ordinance.
(f)Imposing any penalty authorized by this part or any rule or regulation adopted pursuant to this part.
(g)Taking any action with respect to a license application in accordance with procedures established pursuant to this part.
(h)The bureau shall make recommendations to the Legislature pertaining to the
establishment of an appeals and judicial review process for persons aggrieved by a final decision of the bureau.
(i)Developing any forms, identification certificates, and applications that are necessary or convenient in the discretion of the bureau for the administration of this part or any of the rules or regulations adopted pursuant to this part.
(j)Overseeing the operation of the Medical Marijuana Regulation Fund established pursuant to Section 18101.4.
(k)Establishing reasonable fees for processing all applications, licenses, notices, or reports required to be submitted to the bureau. The amount of the fees shall reflect, but shall not exceed, the direct and indirect costs of the bureau for the administration of this part and
the rules or regulations adopted pursuant to this part.
(l)The bureau may consult with other state agencies, departments, or public or private entities for the purposes of establishing statewide standards and regulations.
18101.
The following persons are exempt from the requirement of licensure under this part:18102.
(a) There is hereby created in the Department of Consumer Affairs the Bureau of Medical Marijuana Regulation, under the supervision and control of the Chief of the Bureau of Medical Marijuana Regulation.18103.
Funds for the establishment and support of the bureau shall be advanced as a loan by the department and shall be repaid by the initial proceeds from fees collected pursuant to this part or any rule or regulation adopted pursuant to this part.18104.
The bureau shall have the authority necessary for the implementation of this part, including, but not limited to, all of the following:18105.
(a) On or before July 1, 2016, the bureau shall promulgate regulations for implementation and enforcement of this part, including, but not limited to, all of the following:18101.2.18106.
(a) Except as provided in Section 11362.5 of, and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of, the Health and Safety Code, a person shall not sell or provide medical marijuana other than at a licensed dispensing facility.(e)
(f)The bureau shall require, prior to issuing a license pursuant to this part, all of the following:
(1)The name of the owner or owners of a proposed facility, including all persons or
entities having an ownership interest other than a security interest, lien, or encumbrance on any property that will be used by the applicant.
(2)The name, address, and date of birth of each principal officer and board member.
(3)The address and telephone number of the proposed facility.
(4)A description of the scope of business of the proposed facility.
(5)A certified copy of the local jurisdiction’s approval to operate within its borders.
(6)Operating and inventory control procedures to ensure security and prevent diversion.
(7)Detailed operating procedures for the proposed facility, which shall include, but not be limited to, provisions for facility and operational security, prevention of diversion, employee screening, storage of medical marijuana, personnel policies, and recordkeeping procedures.
(8)A completed application, as required by the bureau.
(9)Payment of a fee, in an amount to be determined by the bureau, not to exceed the amount necessary, but that is sufficient to cover, the actual costs of the administration of this part.
(10)(A)An applicant’s fingerprint images and related information required by the Department of Justice for the purpose of obtaining information as to the existence and content of
a record of state and federal convictions and arrests, and information as to the existence and content of a record of state and federal convictions and arrests for which the Department of Justice establishes that the person is free on bail, or on his or her own recognizance, pending trial or appeal.
(B)The Department of Justice shall charge a fee sufficient to cover the reasonable cost of processing the requests described in the paragraph.
(11)In the case of a cultivation site, the GPS coordinates of the site.
(12)Any other information as required by the bureau.
(13)The bureau shall deny a license based on a past felony criminal conviction for drug
trafficking, a felony conviction for embezzlement, a felony conviction involving fraud or deceit, or any violent or serious felony conviction pursuant to subdivision (c) of Section 667.5 of, or subdivision (c) of Section 1192.7 of, the Penal Code. The bureau may also deny a license based on a past criminal conviction if the crime was substantially related to the qualifications, functions, or duties of the business for which the license will be issued.
(g)The bureau shall deny a license if the application fails to state with sufficient specificity the jurisdiction in which the applicant proposes to establish operations.
(h)(1)Each application for a license approved by the bureau pursuant to this part is separate and distinct, and the bureau may charge a
separate fee for each. A licensee shall not hold a license in more than one class of specified medical marijuana activities, except that a licensee may have a transporter license in addition to a license to cultivate, process, or dispense medical marijuana.
(2)A licensee shall not be an officer, director, member, owner, or shareholder in another entity licensed pursuant to this part. The officers, directors, owners, members, or shareholders of a licensee in one class of license may not hold a license in another class, and may not be an officer, director, member, owner, or shareholder of an entity licensed pursuant to this part.
18101.3.18107.
Beginning January 1, 2015, the bureau shall provide for provisional licenses, as follows:(A)The names, addresses, and dates of birth of each principal officer, owner, or board member.
(B)The common street address and assessor’s parcel number of the property at which the applicant will conduct any activity under the authority of the license.
(C)The common street address and assessor’s parcel number of the property at which any cultivation activity was or is to be conducted.
(D)For the six months prior to January 1, 2015, the quantity of medical marijuana cultivated at a location and the quantity expected to be cultivated from January 1, 2015, to June 30, 2015, inclusive. The applicant shall make its records of current activity and activity for the six months prior to January 1, 2015, available to the bureau upon request.
(b)The bureau shall charge an application fee of eight thousand dollars ($8,000) for each provisional license.
(c)
Beginning July 1, 2016, the bureau shall provide for standard licenses as follows:
(a)The bureau shall request that every city, county, or city and county provide the bureau with a list of approved entities providing medical marijuana to qualified patients and caregivers within the city’s, county’s, or city and county’s jurisdiction, if any, the location at which the entity is operating, and the names of the persons who operate the entity.
(b)If the jurisdiction represents that the entity has been operating in compliance with local laws and regulations, or has limited immunity under local laws, including, but not limited
to, Measure D, approved by the voters of the City of Los Angeles at the May 21, 2013, general election, the bureau shall issue a license to the entity if it meets the licensing requirements of this part.
(c)The bureau shall consult with relevant local agencies in making a determination as to whether a standard license applicant is in compliance with local ordinances. The bureau shall issue a standard license only after it has obtained confirmation from the relevant local agency that the applicant has satisfied all local permitting requirements for cultivating or distributing medical marijuana in compliance with local ordinances, and fulfilled all other requirements under this part.
(d)The bureau shall charge an application fee of eight thousand dollars ($8,000) for each
standard license.
18108.
(a) Beginning January 1, 2016, the bureau shall provide for standard licenses.18109.
(a) Upon receipt of the application materials and fee required in Section 18108, the bureau may, provided the applicant has not committed any act or crime constituting grounds for the denial of licensure under Section 18110, issue the license and send a proof of issuance to the applicant.18110.
(a) An application for licensure may be denied and a license may be suspended or revoked on any of the following grounds:18111.
(a) Upon denying, suspending, or revoking a provisional or standard license issued pursuant to this part, the chief shall notify the applicant or licensee, in writing, by personal service or mail addressed to the address of the applicant or licensee set forth in the application. The applicant or licensee shall be given a hearing within 30 days thereafter if he or she files with the bureau a written request for hearing. Otherwise, the denial, suspension, or revocation is deemed affirmed.18112.
A state agency is not authorized or required by this section to enforce a city, county, city and county, or local law, ordinance, rule, or regulation regarding the site or operation of a licensee licensed pursuant to this part.18101.4.18113.
(a) The Medical Marijuana Regulation Fund is hereby established within the State Treasury. Notwithstanding Section 16305.7 of the Government Code, the fund shall include any interest and dividends earned on the money in the fund.18102.18114.
(a) A facility licensed pursuant to this part shall not acquire, cultivate, process, possess, store, manufacture, distribute, sell, deliver, transfer, transport, or dispense medical marijuana for any purpose other than those authorized by Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code.18103.18115.
(a) A licensed transporter shall ship only to facilities licensed pursuant to this part and only in response to a request for a specific quantity and variety from those facilities.18104.18116.
(a) Transported medical marijuana products shall:18105.18117.
(a) All transport vehicles shall be staffed with a minimum of two employees. At least one transport team member shall remain with the vehicle at all times that the vehicle contains medical marijuana.18105.5.18118.
A local jurisdiction shall not prevent transportation(a)The bureau shall promulgate, by July 1, 2016, regulations for implementation and enforcement of this part, including all of the following:
(1)Procedures for the issuance, renewal, suspension, and revocation of licenses.
(2)Application, licensing, and renewal forms and fees.
(3)A time period in which the bureau shall approve or deny an application for a license to operate a facility or dispensary.
(4)Qualifications for licensees.
(5)Standards for certification of testing laboratories to perform random sample testing of all marijuana products intended for sale, to identify and eliminate chemical residue, microbiological contaminants, and mold.
(6)Requirements to ensure conformance with standards analogous to state statutory environmental, agricultural, consumer protection, and food and product safety requirements. At a minimum, these standards shall do all of the following:
(A)Prescribe sanitation standards analogous to the California Retail Food Code (Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code) for food preparation, storage, and handling and sale of edible marijuana products.
(B)Require
that edible marijuana products produced, distributed, provided, donated, or sold by licensees shall be limited to nonpotentially hazardous food as established by the State Department of Public Health pursuant to Section 114365.5 of Health and Safety Code.
(C)Provide standards for labeling edible marijuana products to ensure that the products cannot be mistaken as food not containing marijuana.
(D)Require that facilities in which edible marijuana products are prepared shall be constructed in accordance with applicable building standards, health and safety standards, and other state laws.
(E)Provide that any weighing or measuring devices used in connection with the sale or distribution of marijuana are required to
meet standards analogous to Division 5 (commencing with Section 12001).
(F)Require that any application of pesticides or other pest control in connection with the indoor or outdoor cultivation of marijuana shall meet standards analogous to Division 6 (commencing with Section 11401) of the Food and Agricultural Code and its implementing regulations.
(b)The bureau shall promulgate, by July 1, 2016, regulations for minimum statewide health and safety standards and quality assurance standards pursuant to Section 111658 of the Health and Safety Code associated with the cultivation, transport, storage, and sale of all medical marijuana produced in this state. Local agencies shall have primary responsibility for enforcement of these standards in accordance with bureau
regulations.
(c)An application for or renewal of a license shall not be approved if the bureau determines any of the following:
(1)The applicant fails to meet the requirements of this part or any regulation adopted pursuant to this part or any applicable city county, or city and county ordinance or regulation.
(2)The applicant, or any of its officers, directors, owners, members, or shareholders is a minor.
(3)The applicant has knowingly answered a question or request for information falsely on the application form, or failed to provide information requested.
(4)The applicant, or any of its
officers, directors, owners, members, or shareholders has been sanctioned by the
bureau, a city, county, or city and county, for marijuana activities conducted in violation of this part or any applicable local ordinance or has had a license revoked in the previous five years.
(5)The proposed cultivation, processing, possession, storage, manufacturing, testing, transporting, distribution, provision, or sale of medical marijuana will violate any applicable local law or ordinance.
(6)(A)The bureau shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses.
(B)For purposes of this paragraph, the following definitions shall
apply:
(i)“Population within the census tract or census division” means the population as determined by the most recent United States decennial or special census. The population determination shall not operate to prevent an applicant from establishing that an increase of resident population has occurred within the census tract or census division.
(ii)“Reported crimes” means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations.
(iii)“Reporting districts” means
geographical areas within the boundaries of a single governmental entity (city or the unincorporated area of a county) that are identified by the local law enforcement agency in the compilation and maintenance of statistical information on reported crimes and arrests.
(iv)“Undue concentration” means:
(I)The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency.
(II)The ratio of licenses to population within the census tract or census division in which the applicant premises are located exceeds the
ratio of licenses to population in the county in which the applicant premises are located.
(d)The bureau may consult with other state agencies, state departments, public entities, or private entities for the purposes of establishing statewide standards and regulations.
(e)The bureau may assist state taxation authorities in the development of uniform policies for the state taxation of licensees.
(f)The bureau may assist the Division of Occupational Safety and Health in the Department of Industrial Relations in the development of industry-specific regulations related to the activities of licensees.
18119.
An application for or renewal of a license shall not be approved if the bureau determines any of the following:18120.
The bureau may assist state taxation authorities in the development of uniform policies for the state taxation of licensees.18121.
The bureau may assist the Division of Occupational Safety and Health in the Department of Industrial Relations in the development of industry-specific regulations related to the activities of licensees.18122.
(a) For licensees licensed pursuant to this part located within the incorporated area of a city, the city shall have full power and authority to enforce this part and Article 8 (commencing with Section 111658) of Chapter 6 of Part 5 of Division 104 of the Health and Safety Code and the rules, regulations, and standards promulgated by the bureau. The city shall further assume complete responsibility for any regulatory function relating to those licensees within the city limits that would otherwise be performed by the county or any county officer or employee, without liability, cost, or expense to the county.18107.18123.
(a) A person shall not distribute any form of advertising for physician recommendations for medical marijuana in California unless the advertisement bears the following notice to consumers:18108.18124.
(a) A facility licensed pursuant to this part shall implement sufficient security measures to both deter and prevent unauthorized entrance into areas containing marijuana and theft of marijuana at those facilities. These security measures shall include, but not be limited to, all of the following:18125.
The chief shall keep a complete record of all entities licensed or certified pursuant to this part. This record shall be made available on the bureau’s Internet Web site.18126.
The bureau shall provide state and local law enforcement, upon their request, with information to verify a license, track transportation manifests, and track inventories of dispensing facilities.18108.5.18127.
(a) The bureau shall require an annual audit of all licensees licensed pursuant to this part or otherwise licensed by the bureau to cultivate, manufacture, process, transport, store, or sell medical marijuana to be paid for by each licensed vendor and dispensary.18108.6.18128.
(a) A laboratory certified by the bureau to perform random sample testing of medical marijuana products pursuant to paragraph (5) of subdivision (a) of Section18109.18129.
In addition to the provisions of this part, a license granted pursuant to this part shall be subject to the restrictions of the local jurisdiction in which the facility operates or proposes to operate. Even if a license has been granted pursuant to this part, a facility shall not operate in a local jurisdiction that prohibits the establishment of that type of business.18110.18130.
(a) A willful violation of Section18110.1.18131.
The executive officer or any district attorney, county counsel, city attorney, or city prosecutor may bring an action to enjoin a violation or the threatened violation of any provision of this part, including, but not limited to, a licensee’s failure to correct objectionable conditions following notice or as a result of any rule promulgated pursuant to this part. The action shall be brought in the county in which the violation occurred or is threatened to occur. Any proceeding brought pursuant to this part shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.
Nothing in this section shall diminish the authority of a local government to take requisite enforcement actions pertaining to its own ordinances or regulations.18111.18132.
Nothing in this part shall prevent a city or other local governing body from taking action as specified in Section 11362.83 of the Health and Safety Code.18112.18133.
This part shall in no way supersede the provisions of Measure D, approved by the voters of the City of Los Angeles on the May 21, 2013, ballot for the city, which granted medical marijuana businesses and dispensaries qualified immunity consistent with the terms of the measure and local ordinances. Notwithstanding the provisions of this part, marijuana businesses and dispensaries subject to the provisions of Measure D and its qualified immunity shall continue to be subject to the ordinances and regulations of the City of Los
Angeles.18134.
The bureau shall limit the number of licensed cultivation sites statewide to prevent the diversion of medical marijuana for nonmedical purposes. In determining this number, the bureau shall commence its calculation with the number of cultivation sites licensed and permitted pursuant to a city, county, or city and county cultivation ordinance. The bureau shall calculate the number of sites pursuant to this section based upon the following, after consultation with law enforcement representatives, health care providers, and local and statewide health officials:(a)A patient who cultivates, possesses, stores, manufactures, or transports marijuana exclusively for his or her personal medical use and who does not sell, distribute, donate, or provide marijuana to any other person is not considered a licensee under this part and is exempt from licensure under this part.
(b)A primary caregiver who cultivates, possesses, stores, manufactures, transports, or provides marijuana exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Section 11362.7 of the Health and Safety Code and who does not receive remuneration for these activities
except for compensation in full compliance with subdivision (c) of Section 11362.765 of the Health and Safety Code is not considered a licensee under this part and is exempt from licensure under this part.
18114.18135.
(a) Information identifying the names of patients, their medical conditions, or the names of their primary caregivers received and contained in records kept by the bureau for the purposes of administering this part are confidential and exempt from the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and are not subject to disclosure to any individual or private entity, except as necessary for authorized employees of the State of California to perform official duties pursuant to this part:18115.18136.
(a) The actions of a licensee or provisional licensee, its employees, and its agents, permitted pursuant to a license or provisional license issued by the bureau or otherwise permitted by this part, that are conducted in accordance to the requirements of this part and regulations adopted pursuant to the authority granted by this part, are not unlawful under state law and shall not be an offense subject to arrest or prosecution.18116.18137.
(a) A licensee shall not cultivate, process, store, manufacture, transport, or sell medical marijuana in the state unless accurate records are kept at the licensed premises of the growing, processing, storing, manufacturing, transporting, or selling by the licensee in the state. These records shall include the name and address of the supplier of any marijuana received or possessed by the licensee, the location at which the marijuana was cultivated, the amount of marijuana received, the form in which it is received, the name of the employee receiving it, and the date of receipt. These records shall also include
receipts for all expenditures incurred by the licensee and banking records, if any, for all funds obtained or expended in the performance of any activity under the authority of the license, provided that a licensee licensed to act at more than one premises may keep all records at one of the licensed premises. Required records shall be kept for a period of seven years from the date of the transaction.18138.
This part shall not be construed to limit a law enforcement agency’s ability to investigate unlawful activity in relation to a licensee licensed pursuant to this part.SEC. 5.
Section 23028 is added to the Government Code, to read:23028.
(a) (1) In addition to any authority otherwise provided by law, the board of supervisors of any county may impose, by ordinance, a tax on the privilege of cultivating, dispensing, producing, processing, preparing, storing, providing, donating, selling, or distributing marijuana by a licensee operating pursuant to Chapter 18 (commencing with Section 26000) of Division 9 of the Business and Professions Code. The tax may be imposed for general governmental purposes or for purposes specified in the ordinance by the board of supervisors.SEC. 6.
Section 11362.775 of the Health and Safety Code is amended to read:11362.775.
(a) Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.SEC. 6.SEC. 7.
Article 8 (commencing with Section 111658) is added to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, to read:Article 8. Medical Marijuana
111658.
For purpose of this article, the following definitions shall apply:111659.
The bureau, by July 1, 2016, shall accomplish the following:111660.
(a) Licensees licensed pursuant to Part 5 (commencing with Section 18100) of Division 7 of the Business and Professions Code shall bear the responsibility for contracting with certified testing laboratories for regular, systematic testing of representative samples of all medical marijuana cultivated or intended for sale or distribution, and shall bear the cost of that testing.111661.
Quality assurance protocols shall be required between all licensed cultivation sites111662.
For purposes of this article, edible medical marijuana products are deemed to be unadulterated food products. In addition to the quality assurance standards provided in Section 111661, all edible medical marijuana products shall comply with the following requirements:SEC. 7.SEC. 8.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 8.SEC. 9.
The Legislature finds and declares that Section 4 of this act imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:SEC. 9.SEC. 10.
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.Text—Page 18.