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AB-1159 Marijuana: legal services.(2017-2018)

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Date Published: 03/29/2017 04:00 AM
AB1159:v98#DOCUMENT

Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1159


Introduced by Assembly Member Chiu

February 17, 2017


An act to add Section 1550.5 to the Civil Code, and to amend Section 460 of the Business and Professions Code, 956 of the Evidence Code, relating to professions and vocations. marijuana.


LEGISLATIVE COUNSEL'S DIGEST


AB 1159, as amended, Chiu. Professions and vocations: healing arts: local governments. Marijuana: legal services.
Existing law, the Medical Cannabis Regulation and Safety Act, establishes a program for the licensing and regulation of medical cannabis. Existing law authorizes a city, county, or city and county to adopt an ordinance that establishes additional standards, requirements, and regulations for local licenses and permits for commercial medical cannabis activity and provides that statewide standards, requirements, and regulations are the minimum standards for licensure. The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, authorizes the consumption of nonmedical marijuana by persons over 21 years of age and provides for the licensure and regulation of certain commercial nonmedical marijuana activities.
Existing law prescribes the manner in which contracts may be created and requires that a contract be for a lawful object. Under existing law a contract that is contrary to an express provision of law, contrary to the policy of express law, or that is otherwise contrary to good morals is not lawful.
This bill would provide that medical cannabis or commercial marijuana activity conducted in compliance with state law and any applicable local standards and regulations is a lawful object of a contract, is not contrary to an express policy or provision of law or to good morals, and is not against public policy.
Existing law grants a lawyer’s client a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the client and lawyer, as defined, if the privilege is claimed by the holder of the privilege, a person who is authorized to claim the privilege by the holder, or the person who was the lawyer at the time of the confidential communication, as specified. Existing law excepts communications from the privilege if the services of the lawyer were sought or obtained to enable or aid anyone to commit, or plan to commit, a crime or fraud.
This bill would provide that the above exception does not apply to legal services rendered in compliance with state or local laws on medical cannabis or adult use of marijuana and that confidential communications provided for the purpose of rendering those services are confidential communications, as specified.

Except as specified, existing law prohibits a city, county, or city and county from prohibiting a healing arts professional licensee from engaging in any act or performing any procedure that falls within the professionally recognized scope of practice of that licensee.

This bill would make a nonsubstantive change to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1550.5 is added to the Civil Code, to read:

1550.5.
 (a) The Legislature finds and declares all of the following:
(1) The Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, authorized the use of marijuana for medical purposes in this state.
(2) The Legislature passed the Medical Cannabis Regulation and Safety Act (Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code) to regulate and license medical cannabis in the state.
(3) The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, authorized the consumption of nonmedical marijuana by persons over 21 years of age and provided for the licensure and regulation of certain commercial nonmedical marijuana activities in this state.
(b) Notwithstanding any law, including, but not limited to, Sections 1550, 1667, and 1668 and federal law, medical cannabis or commercial marijuana activity conducted in compliance with California law and any applicable local standards, requirements, and regulations shall be deemed to be all of the following:
(1) A lawful object of a contract.
(2) Not contrary to, an express provision of law, any policy of express law, or good morals.
(3) Not against public policy.

SEC. 2.

 Section 956 of the Evidence Code is amended to read:

956.
 (a) There is no privilege under this article if the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a fraud.
(b) This exception to the privilege granted by this article shall not apply to legal services rendered in compliance with state and local laws on medical cannabis or adult use of marijuana, and confidential communications provided for the purpose of rendering those services are confidential communications between client and lawyer, as defined in Section 952, provided the lawyer also advises the client on conflicts with respect to federal law.

SECTION 1.Section 460 of the Business and Professions Code is amended to read:
460.

(a)No city, county, or city and county shall prohibit a person or group of persons, authorized by one of the agencies in the Department of Consumer Affairs or an entity established pursuant to this code by a license, certificate, or other means to engage in a particular business, from engaging in that business, occupation, or profession or any portion of that business, occupation, or profession.

(b)(1)No city, county, or city and county shall prohibit a healing arts professional licensed with the state under Division 2 (commencing with Section 500) or licensed or certified by an entity established pursuant to this code from engaging in any act or performing any procedure that falls within the professionally recognized scope of practice of that licensee.

(2)This subdivision shall not be construed to prohibit the enforcement of a local ordinance in effect prior to January 1, 2010, related to any act or procedure that falls within the professionally recognized scope of practice of a healing arts professional licensed pursuant to Division 2 (commencing with Section 500).

(c)This section shall not be construed to prevent a city, county, or city and county from adopting or enforcing any local ordinance governing zoning, business licensing, or reasonable health and safety requirements for establishments or businesses of a healing arts professional licensed under Division 2 (commencing with Section 500) or licensed or certified by an entity established under this code or a person or group of persons described in subdivision (a).

(d)Nothing in this section shall prohibit any city, county, or city and county from levying a business license tax solely for revenue purposes, nor any city or county from levying a license tax solely for the purpose of covering the cost of regulation.