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AB-238 Medical cannabis: distributors: employment.(2017-2018)

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Date Published: 01/30/2017 09:00 PM
AB238:v99#DOCUMENT


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 the Business and Professions Code, relating to medical cannabis.


LEGISLATIVE COUNSEL'S DIGEST


AB 238, as introduced, Steinorth. Medical cannabis: distributors: employment.
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: YES   Local Program: NO  

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


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.