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AB-238 Nonmedical marijuana: manufacturing: volatile solvents in residential structures.(2017-2018)

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Date Published: 05/11/2017 09:00 PM
AB238:v97#DOCUMENT

Amended  IN  Assembly  May 11, 2017
Amended  IN  Assembly  April 18, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 238


Introduced by Assembly Member Steinorth

January 30, 2017


An act to amend Section 26105 of the Business and Professions Code, relating to marijuana.


LEGISLATIVE COUNSEL'S DIGEST


AB 238, as amended, Steinorth. Nonmedical marijuana: manufacturing: volatile solvents in residential structures.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), added by Proposition 64 at the November 8, 2016, statewide general election, licenses and regulates commercial marijuana activity, including manufacturing marijuana products. AUMA provides for 2 licensing categories of manufacturers, including Level 2 manufacturers who use volatile solvents. Under AUMA a manufacturing Level 2 licensee is required to enact sufficient methods or procedures to capture or otherwise limit risk of explosion, combustion, or any other unreasonably dangerous risk to public safety created by volatile solvents.
AUMA authorizes legislative amendment of its provisions with a 2/3 vote of both houses of the Legislature, to further its purposes and intent. AUMA also authorizes the Legislature by a majority vote to amend certain provisions of the act to implement specified substantive provisions, provided that the amendments are consistent with and further the purposes and intent of the act.
This bill would prohibit a manufacturing Level 2 licensee from manufacturing marijuana products using volatile solvents in a residential structure or on residential property. on property zoned for residential or mixed use. The bill would declare that its provisions implement specified substantive provisions and are consistent with and further the intent of the act.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 26105 of the Business and Professions Code is amended to read:

26105.
 (a) A manufacturing Level 2 licensee shall enact sufficient methods or procedures to capture or otherwise limit risk of explosion, combustion, or any other unreasonably dangerous risk to public safety created by volatile solvents. The State Department of Public Health shall establish minimum standards concerning such methods and procedures for Level 2 licensees.
(b) A manufacturing Level 2 licensee shall not manufacture marijuana products using volatile solvents in a residential structure or on residential property. on property zoned for residential or mixed use.

SEC. 2.

 The Legislature finds and declares that this bill, amending Section 26105 of the Business and Professions Code, implements Section 6.1 of the Control, Regulate and Tax Adult Use of Marijuana Act, and that it is consistent with and furthers the purposes of the act as stated in Section 3 of that act.