AB 2312 - Regulations for Marijuana Dispensaries - California Key Vote

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Title: Regulations for Marijuana Dispensaries

Vote Smart's Synopsis:

Vote to pass a bill that regulates marijuana dispensaries and facilities.

Highlights:

  • Establishes the Board of Medical Marijuana Enforcement within the State Department of Consumer Affairs (Sec. 2). 
  • Requires the Board of Medical Marijuana Enforcement to be comprised of the following 9 members (Sec. 6):
    • 2 licensed physicians with experience in the clinical application of medical marijuana, appointed by the Governor;
    • 1 full-time peace officer, appointed by the Governor;
    • 1 representative of a medical marijuana union, appointed by the Speaker of the Assembly;
    • 1 medical marijuana patient advocate, appointed by the Speaker of the Assembly;
    • 1 qualified medical marijuana patient, appointed by the Senate Committee on Rules; and
    • 3 residents of California:
      • 1 appointed by the Governor; 
      • 1 appointed by the Speaker of the Assembly; and 
      • 1 appointed by the Senate Committee on Rules.
  • Requires the Board of Medical Marijuana Enforcement to regulate entities involved in the cultivation, processing, manufacturing, testing, distribution or sale of medical marijuana with the following actions (Sec. 6):
    • Approve or deny mandatory registration applications; and
    • Suspend, fine, restrict or revoke any registration that violates a rule or regulation.
  • Requires the Board of Medical Marijuana Enforcement to propose regulations to address issues including, but not limited to (Sec. 6): 
    • Security;
    • Storage and transportation of marijuana;
    • Waste disposal and recycling;
    • Labeling, packaging and testing medical marijuana;
    • Guidelines regarding cultivation; and
    • Protocols to prevent unlawful diversion of marijuana.
  • Authorizes the Board of Medical Marijuana Enforcement to establish fees for processing applications, registrations, notices or report to be deposited into the Medical Marijuana Fund in order to implement, enforce, and administer the program (Sec. 6).   
  • Authorizes a city or county with a population of less than 50,000 to prohibit a medical marijuana dispensary within its jurisdiction if the city or county makes a written finding to the board establishing that medical marijuana is reasonably available to its residents by other means (Sec. 6). 
  • Authorizes the city to levy, increase, or extend a tax on any medical marijuana property that shall not exceed 5 percent, provided the proposed tax is approved by a 2/3 majority vote of all members of the local governing body and the tax passes a majority vote in an election (Sec. 7).

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