AB 1588

Bill Subjects

Abstract

Proposition 215, the Compassionate Use Act of 1996, an initiative measure enacted by the voters at the November 6, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law enacted by the Legislature requires the establishment of a program for the issuance of identification cards to qualified patients so that they may lawfully use marijuana for medical purposes, and requires the establishment of guidelines for the lawful cultivation of marijuana grown for medical use. Existing law prohibits a medical marijuana dispensary or provider that has a storefront or mobile retail outlet that ordinarily requires a local business license from being located within a 600-foot radius of a school. A violation of these provisions is a misdemeanor. This bill would increase that radius to 1,000 feet. By expanding the scope of a crime, this bill would impose a state-mandated local program. Existing law also provides that every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, is guilty of a felony punishable by imprisonment in a county jail for 16 months, or 2 or 3 years. This bill would impose the additional punishment of a fine of not less than $500 and not more than $10,000 on every person who violates that provision within a 1,000-foot radius of a school, as defined. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.