Anthony Cannella
- Republican
Author
The Control, Regulate and Tax Adult Use of Marijuana Act (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 requires an applicant for any type of MAUCRSA license to provide a statement, signed by the applicant under penalty of perjury, that the information provided is complete, true, and accurate. Existing law requires the issuance of MAUCRSA licenses to be valid for 12 months from the date of issuance and authorizes the license to be renewed annually. MAUCRSA prohibits a licensing authority from approving an application for a state license if approval of the state license will violate the provisions of certain local ordinances or regulations. MAUCRSA, until January 1, 2019, authorizes a state licensing authority to issue a temporary license if the applicant submits, among other things, a copy of a specified authorization issued by a local jurisdiction. MAUCRSA requires the temporary license to be valid for a period of 120 days and authorizes the temporary license to be extended for additional 90-day period at the discretion of the licensing authority. MAUCRSA establishes the Cannabis Control Appeals Panel and authorizes any person aggrieved by specified decisions of a licensing authority related to disciplining any license to appeal the licensing authority's written decision to the panel. MAUCRSA prohibits the refusal by the licensing authority to issue or extend a temporary license from entitling the applicant or licensee to a hearing or an appeal of the decision. This bill, until January 1, 2020, would authorize a licensing authority to issue a provisional license if specified conditions are met. By requiring additional applications to be signed under penalty of perjury, the bill would expand the scope of the crime of perjury, and would thereby impose a state-mandated local program. The bill would require the provisional annual license to be valid for 12 months and would prohibit the license from being renewed. The bill would require the provisions of MAUCRSA to apply to a provisional license in the same manner as to an annual license, except as specified. The bill would exempt the issuance of a provisional license from the California Environmental Quality Act. The bill would prohibit the refusal by the licensing authority to issue a provisional license or revocation or suspension by the licensing authority of a provisional license from entitling the applicant or licensee to a hearing or an appeal of the decision. 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. The Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure, authorizes the Legislature to amend the act to further the purposes and intent of the act with a 23 vote of the membership of both houses of the Legislature. This bill would declare that its provisions further specified purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act. This bill would declare that it is to take effect immediately as an urgency statute.
Chaptered by Secretary of State. Chapter 857, Statutes of 2018.
Approved by the Governor.
Enrolled and presented to the Governor at 5 p.m.
From committee: That the Assembly amendments be concurred in. (Ayes 8. Noes 0. Page 6198.)
From committee: Be re-referred to Com. on B., P. & E.D. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 6145.) Re-referred to Com. on B., P. & E.D.
Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(d).
In Senate. Concurrence in Assembly amendments pending.
Read third time. Urgency clause adopted. Passed. Ordered to the Senate.
Assembly amendments concurred in. (Ayes 33. Noes 4. Page 6174.) Ordered to engrossing and enrolling.
Urgency clause adopted.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 18. Noes 1.) (August 29).
Joint Rule 62(a) suspended.
Joint Rule 62(a) suspended.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & P.
Re-referred to Com. on B. & P. pursuant to Assembly Rule 77.2.
Read third time and amended.
Ordered to third reading.
Re-referred to Coms. on AGRI. and B. & P. pursuant to Assembly Rule 77.2.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 13. Noes 4.) (August 8).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (June 27). Re-referred to Com. on APPR.
Read third time. Passed. (Ayes 37. Noes 0. Page 4941.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
Set for hearing April 30.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 4696.) (April 17).
Set for hearing April 17.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on AGRI.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
From printer. May be acted upon on or after March 22.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1459 | HTML |
| 02/16/18 - Introduced | |
| 04/09/18 - Amended Senate | |
| 04/12/18 - Amended Senate | |
| 04/23/18 - Amended Senate | |
| 07/03/18 - Amended Assembly | |
| 08/24/18 - Amended Assembly | |
| 08/27/18 - Amended Assembly | |
| 09/07/18 - Enrolled | |
| 09/27/18 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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