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AB-2721 Cannabis Control Appeals Panel: membership.(2019-2020)

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Date Published: 04/30/2020 09:00 PM
AB2721:v98#DOCUMENT

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2721

Introduced by Assembly Member Cooper

February 20, 2020

An act to amend Section 26040 of the Business and Professions Code, relating to cannabis.


LEGISLATIVE COUNSEL'S DIGEST


AB 2721, as amended, Cooper. Medicinal and Adult-Use Cannabis Regulation and Safety Act. Cannabis Control Appeals Panel: membership.
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. Existing law establishes in state government a Cannabis Control Appeals Panel that consists of 5 members, appointed as specified. 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 and subject to confirmation by a majority vote of all of the members elected to the Senate.
This bill would make a nonsubstantive change to the provision establishing would, instead, require the Cannabis Control Appeals Panel. Panel to consist of 2 members appointed by the Senate Committee on Rules, 2 members appointed by the Speaker of the Assembly, and 5 members appointed by the Governor and subject to confirmation by a majority of all of the members elected to the Senate.
AUMA authorizes the Legislature to amend its provisions with a 2/3 vote of both houses to further its purposes and intent.
This bill would declare that its provisions further the purposes and intent of AUMA.
Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: NOYES   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, in the Business, Consumer Services, and Housing Agency, a Cannabis Control Appeals Panel that shall consist of the following members:
(A) One member Two members appointed by the Senate Committee on Rules.
(B) One member Two members appointed by the Speaker of the Assembly.
(C) Three Five 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 their 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.