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AB-1710 Cannabis.(2019-2020)

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Date Published: 04/04/2019 09:00 PM
AB1710:v98#DOCUMENT

Amended  IN  Assembly  April 04, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1710


Introduced by Assembly Member Wood

February 22, 2019


An act to add Section 26203 to the Business and Professions Code, relating to cannabis.


LEGISLATIVE COUNSEL'S DIGEST


AB 1710, as amended, Wood. Cannabis.
The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities.

MAUCRSA gives the Bureau of Cannabis Control in the Department of Consumer Affairs the power, duty, purpose, responsibility, and jurisdiction to regulate commercial cannabis activity in the state as provided by the act. MAUCRSA also imposes duties on the Bureau of Cannabis Control in the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health with respect to the creation, issuance, denial, suspension and revocation of licenses issued pursuant to MAUCRSA.

MAUCRSA does not supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate commercial cannabis businesses within that local jurisdiction.

This bill would state the intent of the Legislature to enact legislation to create more accessible pathways for compliance with cannabis laws by small-scaled cannabis businesses.

Existing law provides a local jurisdiction, defined as a city, city and county, or county, with specified powers regarding commercial cannabis activity, including adopting and enforcing local ordinances regulating commercial cannabis activity, including prohibiting that activity. Existing law prohibits a licensing authority from approving an application for a state license if approval will violate the provisions of a local ordinance or regulation.
This bill would amend AUMA by authorizing the Elk Valley Rancheria, California, a federally recognized Indian tribe, and the County of Del Norte to enter into an agreement, as defined, regarding local authorization for, and tribal regulation of, commercial cannabis activity. The bill would provide that the agreement would satisfy the requirements of MAUCRSA regarding the approval of a local jurisdiction for state license purposes and would require that the licensee or applicant be subject to all of the requirements of MAUCRSA for the applicable license type. The bill would exempt the agreement from the California Environmental Quality Act (CEQA), but would not limit the licensee’s requirement to comply with all state laws, including CEQA.
This bill would make legislative findings and declarations as to the necessity of a special statute for Elk Valley Rancheria and the County of Del Norte.
AUMA authorizes legislative amendment of its provisions with a 2/3 vote of both houses of the Legislature, without submission to the voters, to further its purposes and intent.
This bill would declare that its provisions further specified purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 26203 is added to the Business and Professions Code, to read:

26203.
 (a) The Elk Valley Rancheria, California, a federally recognized Indian tribe, and the County of Del Norte may enter into an agreement regarding commercial cannabis activities on the tribe’s trust lands. Any agreement that is executed on or before January 1, 2020, regarding commercial cannabis activity conducted on the tribe’s trust lands is hereby ratified.
(b) The agreement shall satisfy the requirement of this chapter regarding the approval of a local jurisdiction for state license purposes. The agreement shall require that the licensee or applicant is subject to all of the requirements of this division for the applicable license type.
(c) The execution of an agreement pursuant to this section does not constitute a project and shall be exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). This exemption does not limit the requirement of the licensee to comply with all state laws, including the California Environmental Quality Act, that are applicable to them as a licensee.
(d) For purposes of this section, “agreement” means a memorandum of understanding, intergovernmental agreement joint powers agreement, or other type of agreement regarding local authorization for, and tribal regulation of, commercial cannabis activity.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing the Elk Valley Rancheria and the County of Del Norte.

SEC. 3.

 The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
SECTION 1.

It is the intent of the Legislature to enact legislation to create more accessible pathways for compliance with cannabis laws by small-scaled cannabis businesses.