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AB-2929 Cannabis.(2017-2018)

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Date Published: 02/16/2018 09:00 PM
AB2929:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 2929


Introduced by Assembly Member Quirk

February 16, 2018


An act to amend Section 26053 of the Business and Professions Code, relating to cannabis.


LEGISLATIVE COUNSEL'S DIGEST


AB 2929, as introduced, Quirk. Cannabis.
(1) The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (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 generally divides responsibility for the state licensure and regulation of commercial cannabis activity among state licensing authorities depending on the type of license classification sought by the applicant. MAUCRSA authorizes licensing authorities to create new state licenses relating to commercial cannabis activity that the licensing authorities deem necessary to effectuate their duties by adopting regulations to that effect.
MAUCRSA requires that, with the exception of testing laboratory licenses, which can be used to test cannabis products regardless of whether for commercial adult-use or commercial medicinal cannabis, all licenses issued under MAUCRSA bear a clear designation indicating whether the license is for adult-use activity or medicinal activity, as specified.
This bill would allow a licensee to conduct any commercial cannabis activity allowed under its license with any other licensee, as specified, and would find and declare that this furthers the purpose of the initiative measure.
(2) AUMA authorizes legislative amendment of its provisions with a 2/3 vote of both houses, without submission to the voters, to further its purposes and intent.
This bill would declare that its provisions further the purposes and intent of AUMA.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 26053 of the Business and Professions Code is amended to read:

26053.
 (a) All commercial cannabis activity shall be conducted between licensees, except as otherwise provided in this division. A licensee may conduct any commercial cannabis activity allowed under its license with any other licensee, except as specifically prohibited in this division.
(b) A person that holds a state testing laboratory license under this division is prohibited from licensure for any other activity, except testing, as authorized under this division. A person that holds a state testing laboratory license shall not employ an individual who is also employed by any other licensee that does not hold a state testing laboratory license.
(c) Except as provided in subdivision (b), a person may apply for and be issued more than one license under this division.
(d) Each applicant or licensee shall apply for, and if approved, shall obtain, a separate license for each location where it engages in commercial cannabis activity.

SEC. 2.

  The Legislature finds and declares that this act is consistent with and furthers the purposes of the Control, Regulate and Tax Adult Use of Marijuana Act as stated in Section 3 of that act.