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AB-1527 Cannabis: Cannabis Control Appeals Panel.(2017-2018)

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Date Published: 07/16/2018 09:00 PM
AB1527:v96#DOCUMENT

Assembly Bill No. 1527
CHAPTER 95

An act to amend Section 26040 of the Business and Professions Code, relating to cannabis, and declaring the urgency thereof, to take effect immediately.

[ Approved by Governor  July 16, 2018. Filed with Secretary of State  July 16, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1527, Jones-Sawyer. Cannabis: Cannabis Control Appeals Panel.
(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 establishes in state government a Cannabis Control Appeals Panel to review specified decisions of licensing authorities appealed by any person aggrieved by those decisions. MAUCRSA requires that the panel consist of one member appointed by the Senate Committee on Rules, one member appointed by the Speaker of the Assembly, and 3 members appointed by the Governor, as specified. MAUCRSA authorizes the Governor to remove from office a member of the panel appointed by the Governor. MAUCRSA authorizes the Legislature to remove any member of the panel from office for certain reasons.
This bill would eliminate the Legislature’s power to remove a member of the panel for certain reasons and would provide that the members of the panel may be removed from office by their appointing authority.
(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.
(3) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 26040 of the Business and Professions Code is amended to read:

26040.
 (a) (1) There is established in state government a Cannabis Control Appeals Panel which shall consist of the following members:
(A) One member appointed by the Senate Committee on Rules.
(B) One member appointed by the Speaker of the Assembly.
(C) Three members appointed by the Governor and subject to confirmation by a majority vote of all of the members elected to the Senate.
(2) Each member, at the time of his or her initial appointment, shall be a resident of a different county from the one in which either of the other members resides. Members of the panel shall receive an annual salary as provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) The members of the panel may be removed from office by their appointing authority.

SEC. 2.

 The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act of 2016.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
Licensing of commercial cannabis took place on January 1, 2018. Immediate clarification of procedures relating to the appointment of members to the Cannabis Control Appeals Panel is necessary to address disputes between applicants, licensees, and licensing authorities.