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

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Date Published: 04/18/2017 09:00 PM
AB238:v98#DOCUMENT

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 add Section 19334.1 to amend Section 26105 of the Business and Professions Code, relating to medical cannabis. marijuana.


LEGISLATIVE COUNSEL'S DIGEST


AB 238, as amended, Steinorth. Medical cannabis: distributors: employment. 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. The bill would declare that its provisions implement specified substantive provisions and are consistent with and further the intent of the act.

The Medical Cannabis Regulation and Safety Act (MCRSA) authorizes a person who obtains both a state license under MCRSA and the relevant local license to engage in commercial medical cannabis activity pursuant to those licenses, as specified, including as a distributor Type 11 license for the distribution of medical cannabis and medical cannabis products from a manufacturer to a dispensary. MCRSA authorizes licensing authorities to discipline licensees for failure to comply with any state law.

This bill would prohibit a distributor Type 11 licensee from denying employment to any individual on the basis that he or she is or is not party to a collective bargaining agreement. The bill would also prohibit an applicant for a distributor Type 11 license from being denied a license on the basis that the applicant employs individuals who are or are not party to a collective bargaining agreement. The bill would make certain legislative findings and declarations.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   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.
 Manufacturing (a) A manufacturing Level 2 licensees 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.

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.
SECTION 1.

The Legislature finds and declares all of the following:

(a)Section 923 of the Labor Code recognizes that it is necessary that the individual worker have full freedom of association, self-organization, and designation of representatives of his or her own choosing, to negotiate the terms and conditions of his or her employment, and that he or she shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of representatives or in self-organization or in other concerted activities for the purpose of collective bargaining.

(b)Paragraph (6) of subdivision (b) of Section 34019 of the Revenue and Taxation Code, as approved by the voters of California with the passage of Proposition 64 on November 8, 2016, instructs the Controller to disburse funds to a public university or universities in California, as specified, to research and report, among other issues, whether additional protections are needed to prevent unlawful monopolies or anti-competitive behavior from occurring in the nonmedical marijuana industry.

(c)The public policy of the State of California is that unlawful monopolies or anti-competitive behavior should also be prevented from occurring in the medical marijuana industry.

SEC. 2.Section 19334.1 is added to the Business and Professions Code, to read:
19334.1.

(a)Notwithstanding any other law, a distributor Type 11 licensee shall not deny employment to any individual on the basis that he or she is or is not party to a collective bargaining agreement.

(b)Notwithstanding any other law, an applicant for a distributor Type 11 license shall not be denied a license on the basis that the applicant employs individuals who are or are not party to a collective bargaining agreement.