AB 243 BREAKDOWN AND ANALYSIS. WHAT IS IT ALL ABOUT?

So here we have the third and final law being passed broken down and analyzed for your convenience. AB 243 is focused primarily on cultivation and how growing weed effects the environment. It is full of a lot of regulatory schemes aimed at ensuring growers are compliant and not negatively impacting wildlife habitats and water resources. It also further establishes and defines the tracking program and the new powers granted to the Department of Food and Agriculture to regulate cultivation.

This is the third law I have broken down. The other two are SB 643 and AB 266, which are linked. All three of the laws together will make up the program that will govern our lives for years to come, so get to know them.

Here is the AB 243 breakdown…. Enjoy.

AB 243

SECTION 1. Article 6 (commencing with Section 19331) is added to Chapter 3.5 of Division 8 of the Business and Professions Code, to read:

Article  6. Licensed Cultivation Sites

  • Grows….

19331. The Legislature finds and declares all of the following:

(a) The United States Environmental Protection Agency has not established appropriate pesticide tolerances for, or permitted the registration and lawful use of, pesticides on cannabis crops intended for human consumption pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).

  • There are no standards for pesticide use on cannabis….

(b) The use of pesticides is not adequately regulated due to the omissions in federal law, and cannabis cultivated in California for California patients can and often does contain pesticide residues.

  • There are no real regulations for pesticides, so cannabis often has pesticides on it…

(c) Lawful California medical cannabis growers and caregivers urge the Department of Pesticide Regulation to provide guidance, in absence of federal guidance, on whether the pesticides currently used at most cannabis cultivation sites are actually safe for use on cannabis intended for human consumption.

  • Since the feds won’t do anything, people want the State to come up with standards for what is safe and what is not safe for human consumption…

19332. (a) The Department of Food and Agriculture shall promulgate regulations governing the licensing of indoor and outdoor cultivation sites.

  • THE DFA is regulating cultivation….

(b) The Department of Pesticide Regulation, in consultation with the Department of Food and Agriculture, shall develop standards for the use of pesticides in cultivation, and maximum tolerances for pesticides and other foreign object residue in harvested cannabis.

  • These departments ae charged with developing standards for using pesticides, and tolerancs for impurities in medical cannabis…

(c) The State Department of Public Health shall develop standards for the production and labeling of all edible medical cannabis products.

  • The DPH will develop standards for labeling EDIBLE medical cannabis products…

(d) The Department of Food and Agriculture, in consultation with the Department of Fish and Wildlife and the State Water Resources Control Board, shall ensure that individual and cumulative effects of water diversion and discharge associated with cultivation do not affect the instream flows needed for fish spawning, migration, and rearing, and the flows needed to maintain natural flow variability.

  • These departments will make sure cannabis cultivation is not screwing up water supplies…

(e) The Department of Food and Agriculture shall have the authority necessary for the implementation of the regulations it adopts pursuant to this chapter. The regulations shall do all of the following:

  • The Department of Food and Ag will have the authority to do the following:

(1) Provide that weighing or measuring devices used in connection with the sale or distribution of medical cannabis are required to meet standards equivalent to Division 5 (commencing with Section 12001).

  • Control weights and measures, like they do at the grocery store and gas station…

(2) Require that cannabis cultivation by licensees is conducted in accordance with state and local laws related to land conversion, grading, electricity usage, water usage, agricultural discharges, and similar matters. Nothing in this chapter, and no regulation adopted by the department, shall be construed to supersede or limit the authority of the State Water Resources Control Board, regional water quality control boards, or the Department of Fish and Wildlife to implement and enforce their statutory obligations or to adopt regulations to protect water quality, water supply, and natural resources.

  • Make sure growers are following all environmental regulations for agriculture, power usage, and water usage. Their authority does not supersede other agencies authorities though…

(3) Establish procedures for the issuance and revocation of unique identifiers for activities associated with a cannabis cultivation license, pursuant to Article 8 (commencing with Section 19337). All cannabis shall be labeled with the unique identifier issued by the Department of Food and Agriculture.

  • To develop seed to sale identification systems to track weed throughout the continuum…

(4) Prescribe standards, in consultation with the bureau, for the reporting of information as necessary related to unique identifiers, pursuant to Article 8 (commencing with Section 19337).

  • Make standards for reporting the seed to sale trcking system to the appropriate departments and authorities…

(f) The Department of Pesticide Regulation, in consultation with the State Water Resources Control Board, shall promulgate regulations that require that the application of pesticides or other pest control in connection with the indoor or outdoor cultivation of medical cannabis meets standards equivalent to Division 6 (commencing with Section 11401) of the Food and Agricultural Code and its implementing regulations.

  • These departments will develop regulations for cannabis cultivation that limit pesticide use and pest control methods that are similar to current regulations for crops…

(g) State cultivator license types issued by the Department of Food and Agriculture include:

  • Cultivation license types…. These were broke down in my previous articles.

(1) Type 1, or “specialty outdoor,” for outdoor cultivation using no artificial lighting of less than or equal to 5,000 square feet of total canopy size on one premises, or up to 50 mature plants on noncontiguous plots.

(2) Type 1A, or “specialty indoor,” for indoor cultivation using exclusively artificial lighting of less than or equal to 5,000 square feet of total canopy size on one premises.

(3) Type 1B, or “specialty mixed-light,” for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, of less than or equal to 5,000 square feet of total canopy size on one premises.

(4) Type 2, or “small outdoor,” for outdoor cultivation using no artificial lighting between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises.

(5) Type 2A, or “small indoor,” for indoor cultivation using exclusively artificial lighting between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises.

(6) Type 2B, or “small mixed-light,” for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises.

(7) Type 3, or “outdoor,” for outdoor cultivation using no artificial lighting from 10,001 square feet to one acre, inclusive, of total canopy size on one premises. The Department of Food and Agriculture shall limit the number of licenses allowed of this type.

(8) Type 3A, or “indoor,” for indoor cultivation using exclusively artificial lighting between 10,001 and 22,000 square feet, inclusive, of total canopy size on one premises. The Department of Food and Agriculture shall limit the number of licenses allowed of this type.

(9) Type 3B, or “mixed-light,” for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, between 10,001 and 22,000 square feet, inclusive, of total canopy size on one premises. The Department of Food and Agriculture shall limit the number of licenses allowed of this type.

(10) Type 4, or “nursery,” for cultivation of medical cannabis solely as a nursery. Type 4 licensees may transport live plants.

19333. An employee engaged in commercial cannabis cultivation activity shall be subject to Wage Order 4-2001 of the Industrial Welfare Commission.

  • Cultivation staff are subject to the wage order for Professional, Technical, Clerical, Mechanical and Similar Occupations…

SEC. 2. Article 13 (commencing with Section 19350) is added to Chapter 3.5 of Division 8 of the Business and Professions Code, to read:

Article  13. Funding

  • Show me the money…

19350. Each licensing authority shall establish a scale of application, licensing, and renewal fees, based upon the cost of enforcing this chapter, as follows:

  • The Department of Consumer Affairs, the Department of Food and Agriculture, and the Department of Public Health will decide how much money to charge you based on whatever costs they can come up with to include in the equation…

(a) Each licensing authority shall charge each licensee a licensure and renewal fee, as applicable. The licensure and renewal fee shall be calculated to cover the costs of administering this chapter. The licensure fee may vary depending upon the varying costs associated with administering the various regulatory requirements of this chapter as they relate to the nature and scope of the different licensure activities, including, but not limited to, the track and trace program required pursuant to Section 19335, but shall not exceed the reasonable regulatory costs to the licensing authority.

  • Each of the departments will charge licensing and renewal fees to cover the costs of their programs. Their fees will vary depending on how much stuff they come up with to charge for, including your fancy seed to sale tracking program…

(b) The total fees assessed pursuant to this chapter shall be set at an amount that will fairly and proportionately generate sufficient total revenue to fully cover the total costs of administering this chapter.

  • The fees charged will be large enough to ensure they cover the costs of the programs…

(c) All license fees shall be set on a scaled basis by the licensing authority, dependent on the size of the business.

  • Fees will be based on how big your business is… so a large grower will pay more than a small grower.

(d) The licensing authority shall deposit all fees collected in a fee account specific to that licensing authority, to be established in the Medical Marijuana Regulation and Safety Act Fund. Moneys in the licensing authority fee accounts shall be used, upon appropriation of the Legislature, by the designated licensing authority for the administration of this chapter.

  • Each department will have their own bank account for their fees to go into to cover their costs…

19351. (a) The Medical Marijuana Regulation and Safety Act Fund is hereby established within the State Treasury. Moneys in the fund shall be available upon appropriation by the Legislature. Notwithstanding Section 16305.7 of the Government Code, the fund shall include any interest and dividends earned on the moneys in the fund.

  • There is a weed fund in the State Treasury and can be spent by the Legislature as they see fit, including any interest and dividends earned…

(b) (1) Funds for the establishment and support of the regulatory activities pursuant to this chapter shall be advanced as a General Fund or special fund loan, and shall be repaid by the initial proceeds from fees collected pursuant to this chapter or any rule or regulation adopted pursuant to this chapter, by January 1, 2022. Should the initial proceeds from fees not be sufficient to repay the loan, moneys from the Medical Cannabis Fines and Penalties Account shall be made available to the bureau, by appropriation of the Legislature, to repay the loan.

  • The State will provide the money to start the program up, but will be paid back by 2022. If start up fees are not enough to cover the loan, the loan will be paid back by fines and penalties money collected…

(2) Funds advanced pursuant to this subdivision shall be appropriated to the bureau, which shall distribute the moneys to the appropriate licensing authorities, as necessary to implement the provisions of this chapter.

  • The Bureau of Medical Marijuana Regulation gets the money and decides which of the other departments get how much of it…

(3) The Director of Finance may provide an initial operating loan from the General Fund to the Medical Marijuana Regulation and Safety Act Fund that does not exceed ten million dollars ($10,000,000).

  • They get up to $10 million dollars for the startup loan…

(c) Except as otherwise provided, all moneys collected pursuant to this chapter as a result of fines or penalties imposed under this chapter shall be deposited directly into the Medical Marijuana Fines and Penalties Account, which is hereby established within the fund, and shall be available, upon appropriation by the Legislature to the bureau, for the purposes of funding the enforcement grant program pursuant to subdivision (d).

  • The money from fines and penalties goes into its own account, and the Legislature must approve the Bureau’s use of the funds for enforcement programs as follows…

(d) (1) The bureau shall establish a grant program to allocate moneys from the Medical Cannabis Fines and Penalties Account to state and local entities for the following purposes:

  • All the money they collect from fines and penalties(Is it just me or does it seem like they expect to collect a lot of money from unlicensed growers and people who screw up?) will be used for the following:

(A) To assist with medical cannabis regulation and the enforcement of this chapter and other state and local laws applicable to cannabis activities.

  • Money to enforce the program and other local laws for cannabis…

(B) For allocation to state and local agencies and law enforcement to remedy the environmental impacts of cannabis cultivation.

  • To clean up environmental impacts of cannabis cultivation and manufacturing…

(2) The costs of the grant program under this subdivision shall, upon appropriation by the Legislature, be paid for with moneys in the Medical Cannabis Fines and Penalties Account.

  • This money will come from the Penalties and Fines account…

(3) The grant program established by this subdivision shall only be implemented after the loan specified in this section is repaid.

  • The State gets its loan money back first before anything is spent on any of this stuff…

19352. The sum of ten million dollars ($10,000,000) is hereby appropriated from the Medical Marijuana Regulation and Safety Act Fund to the Department of Consumer Affairs to begin the activities of the Bureau of Medical Marijuana Regulation. Funds appropriated pursuant to this section shall not include moneys received from fines or penalties.

  • Here is $10,000,000 to get started… This money does not include fines and penalty money.

SEC. 3. Article 17 (commencing with Section 19360) is added to Chapter 3.5 of Division 8 of the Business and Professions Code, to read:

 

Article  17. Penalties and Violations

19360. (a) A person engaging in cannabis activity without a license and associated unique identifiers required by this chapter shall be subject to civil penalties of up to twice the amount of the license fee for each violation, and the department, state or local authority, or court may order the destruction of medical cannabis associated with that violation. Each day of operation shall constitute a separate violation of this section. All civil penalties imposed and collected pursuant to this section shall be deposited into the Marijuana Production and Environment Mitigation Fund established pursuant to Section 31013 of the Revenue and Taxation Code.

  • If you don’t have a license and tracking information for your weed  you can be fined up to twice the amount a license costs for EACH violation (Does this mean each plant?).
  • They can destroy your weed if you are out of compliance.
  • Every day you continue is another violation.
  • They have a fund for your money set up…

(b) If an action for civil penalties is brought against a licensee pursuant to this chapter by the Attorney General, the penalty collected shall be deposited into the General Fund. If the action is brought by a district attorney or county counsel, the penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If the action is brought by a city attorney or city prosecutor, the penalty collected shall be paid to the treasurer of the city or city and county in which the judgment was entered. If the action is brought by a city attorney and is adjudicated in a superior court located in the unincorporated area or another city in the same county, the penalty shall be paid one-half to the treasurer of the city in which the complaining attorney has jurisdiction and one-half to the treasurer of the county in which the judgment is entered.

  • Whoever busts you gets the money….

(c) Notwithstanding subdivision (a), criminal penalties shall continue to apply to an unlicensed person or entity engaging in cannabis activity in violation of this chapter, including, but not limited to, those individuals covered under Section 11362.7 of the Health and Safety Code.

  • In addition to the civil fines imposed they can still take your dumb ass to jail for growing weed like they have in the past; but now you do not even have the defense of being a “collective.” Good luck out there….

SEC. 4. Section 12029 is added to the Fish and Game Code, to read:

12029. (a) The Legislature finds and declares all of the following:

  • We declare the following based on loose fact and little evidence:

(1) The environmental impacts associated with marijuana cultivation have increased, and unlawful water diversions for marijuana irrigation have a detrimental effect on fish and wildlife and their habitat, which are held in trust by the state for the benefit of the people of the state.

  • Weed growers are ruining the environment, and are killing fish and stuff. These potheads are screwing everything up for everyone with their weed farms

(2) The remediation of existing marijuana cultivation sites is often complex and the permitting of these sites requires greater department staff time and personnel expenditures. The potential for marijuana cultivation sites to significantly impact the state’s fish and wildlife resources requires immediate action on the part of the department’s lake and streambed alteration permitting staff.

  • It costs us a lot of time and money to clean up all of the damage done by the weedheads. You must give us money immediately to make sure that weed does not destroy the planet…

(b) In order to address unlawful water diversions and other violations of the Fish and Game Code associated with marijuana cultivation, the department shall establish the watershed enforcement program to facilitate the investigation, enforcement, and prosecution of these offenses.

  • In order to get to the bottom of this we will establish another expensive program to make sure weed farms are not screwing everything up for everyone…

(c) The department, in coordination with the State Water Resources Control Board, shall establish a permanent multiagency task force to address the environmental impacts of marijuana cultivation. The multiagency task force, to the extent feasible and subject to available Resources, shall expand its enforcement efforts on a statewide level to ensure the reduction of adverse impacts of marijuana cultivation on fish and wildlife and their habitats throughout the state.

  • We will combine forces with other enforcement agencies to create a task force to make sure weed farms are not screwing things up. Our task force will need more money to increase our enforcement on these stoners…

(d) In order to facilitate the remediation and permitting of marijuana cultivation sites, the department shall adopt regulations to enhance the fees on any entity subject to Section 1602 for marijuana cultivation sites that require remediation. The fee schedule established pursuant to this subdivision shall not exceed the fee limits in Section 1609.

  • If your grow site requires clean up or restoration they can increase your fees…

SEC. 5. Section 11362.769 is added to the Health and Safety Code, to read:

11362.769. Indoor and outdoor medical marijuana cultivation shall be conducted in accordance with state and local laws related to land conversion, grading, electricity usage, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters. State agencies, including, but not limited to, the State Board of Forestry and Fire Protection, the Department of Fish and Wildlife, the State Water Resources Control Board, the California regional water quality control boards, and traditional state law enforcement agencies shall address environmental impacts of medical marijuana cultivation and shall coordinate, when appropriate, with cities and counties and their law enforcement agencies in enforcement efforts.

  • Cultivation is subject to all laws and regulations; and will be enforced by the normal law enforcement entities, including local agencies.

SEC. 6. Section 11362.777 is added to the Health and Safety Code, to read:

11362.777. (a) The Department of Food and Agriculture shall establish a Medical Cannabis Cultivation Program to be administered by the secretary, except as specified in subdivision (c), shall administer this section as it pertains to the cultivation of medical marijuana. For purposes of this section and Chapter 3.5 (commencing with Section 19300) of the Business and Professions Code, medical cannabis is an agricultural product.

  • The DFA will have medical marijuana program, and shall administer said program…
  • Weed is now officially an agricultural product…

(b) (1) A person or entity shall not cultivate medical marijuana without first obtaining both of the following:

  • You cannot gow weed unless you do the following:

(A) A license, permit, or other entitlement, specifically permitting cultivation pursuant to these provisions, from the city, county, or city and county in which the cultivation will occur.

  • Get a local license, hippie! Gotta have local approval…

(B) A state license issued by the department pursuant to this section.

  • Get a State license, hippie!

(2) A person or entity shall not submit an application for a state license issued by the department pursuant to this section unless that person or entity has received a license, permit, or other entitlement, specifically permitting cultivation pursuant to these provisions, from the city, county, or city and county in which the cultivation will occur.

  • You can’t even apply with the State until the local city or county has given you approval; so go dig up your money from under the woodpile and try to buy enough city councilpersons to pass some law allowing you to grow before you even bother to call us….

(3) A person or entity shall not submit an application for a state license issued by the department pursuant to this section if the proposed cultivation of marijuana will violate the provisions of any local ordinance or regulation, or if medical marijuana is prohibited by the city, county, or city and county in which the cultivation is proposed to occur, either expressly or otherwise under principles of permissive zoning.

  • Don’t even bother applying unless your grow meets all the requirements of your local jurisdiction…

(c) (1) Except as otherwise specified in this subdivision, and without limiting any other local regulation, a city, county, or city and county, through its current or future land use regulations or ordinance, may issue or deny a permit to cultivate medical marijuana pursuant to this section. A city, county, or city and county may inspect the intended cultivation site for suitability prior to issuing a permit. After the city, county, or city and county has approved a permit, the applicant shall apply for a state medical marijuana cultivation license from the department. A locally issued cultivation permit shall only become active upon licensing by the department and receiving final local approval. A person shall not cultivate medical marijuana prior to obtaining both a permit from the city, county, or city and county and a state medical marijuana cultivation license from the department.

  • Your local city or county can approve or deny your right to grow…
  • They can inspect your spot…
  • If the city or county says you are cool, you need to apply with the state…
  • Your local permit is only valid if you also have a State license…
  • You cannot cultivate weed before you get a permit from the locals, and then getting a license from the State…

(2) A city, county, or city and county that issues or denies conditional licenses to cultivate medical marijuana pursuant to this section shall notify the department in a manner prescribed by the secretary.

  • If your municipality issues growing licenses they need to notify the DFA…

(3) A city, county, or city and county’s locally issued conditional permit requirements must be at least as stringent as the department’s state licensing requirements.

  • Local permits must meet the state minimums for regulations…

(4) If a city, county, or city and county does not have land use regulations or ordinances regulating or prohibiting the cultivation of marijuana, either expressly or otherwise under principles of permissive zoning, or chooses not to administer a conditional permit program pursuant to this section, then commencing March 1, 2016, the division shall be the sole licensing authority for medical marijuana cultivation applicants in that city, county, or city and county.

  • If a city or county does not have regulations or bans, or chooses not to have a program, by March 1, 2016, then the State becomes the licensing authority for applicants in that city or county. THIS IS INTERESTING. So if a place chooses to ignore the program, the state can issue licenses there anyway? Hard to interpret, but it should force most cities and counties to put an ordinance in place for cultivation, either allowing for it or banning it. Unfortunately, I am saying that a lot of places will choose to ban it to begin with at least.

(d) (1) The secretary may prescribe, adopt, and enforce regulations relating to the implementation, administration, and enforcement of this part, including, but not limited to, applicant requirements, collections, reporting, refunds, and appeals.

  • The DFA secretary can create regulations requires to implement the program…

(2) The secretary may prescribe, adopt, and enforce any emergency regulations as necessary to implement this part. Any emergency regulation prescribed, adopted, or enforced pursuant to this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and, for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of the regulation is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare.

  • The DFA secretary may make emergency rules if needed to implement the program, under normal procedures of law for emergency changes to administrative laws…

(3) The secretary may enter into a cooperative agreement with a county agricultural commissioner to carry out the provisions of this chapter, including, but not limited to, administration, investigations, inspections, licensing and assistance pertaining to the cultivation of medical marijuana. Compensation under the cooperative agreement shall be paid from assessments and fees collected and deposited pursuant to this chapter and shall provide reimbursement to the county agricultural commissioner for associated costs.

  • DFA can work with county ag officials to carry out the program… they can pay them for their efforts too.

(e) (1) The department, in consultation with, but not limited to, the Bureau of Medical Marijuana Regulation, the State Water Resources Control Board, and the Department of Fish and Wildlife, shall implement a unique identification program for medical marijuana. In implementing the program, the department shall consider issues, including, but not limited to, water use and environmental impacts. In implementing the program, the department shall ensure that:

  • These departments will implement a seed to sale tracking program and ensure that:

(A) Individual and cumulative effects of water diversion and discharge associated with cultivation do not affect the instream flows needed for fish spawning, migration, and rearing, and the flows needed to maintain natural flow variability.

  • Weed farms do not screw up water resources…

(B) Cultivation will not negatively impact springs, riparian wetlands, and aquatic habitats.

  • Growing weed will not screw up springs, wetlands, or habitats…

(2) The department shall establish a program for the identification of permitted medical marijuana plants at a cultivation site during the cultivation period. The unique identifier shall be attached at the base of each plant. A unique identifier, such as, but not limited to, a zip tie, shall be issued for each medical marijuana plant.

  • Every plant will have an identification tag od some sort affixed to the plant that tracks it…

(A) Unique identifiers will only be issued to those persons appropriately licensed by this section.

  • You can only get the tags if you are licensed…

(B) Information associated with the assigned unique identifier and licensee shall be included in the trace and track program specified in Section 19335 of the Business and Professions Code.

  • The info from the tags will be part of the tracking database…

(C) The department may charge a fee to cover the reasonable costs of issuing the unique identifier and monitoring, tracking, and inspecting each medical marijuana plant.

  • The tags will cost you money to get…

(D) The department may promulgate regulations to implement this section.

  • There will be extra rules for the tag program…

(3) The department shall take adequate steps to establish protections against fraudulent unique identifiers and limit illegal diversion of unique identifiers to unlicensed persons.

  • They will make sure that the tags are not easy to counterfeit…

(f) (1) A city, county, or city and county that issues or denies licenses to cultivate medical marijuana pursuant to this section shall notify the department in a manner prescribed by the secretary.

  • A city or county must tell the department if they issue or deny licenses on some form the DFA creates for them…

(2) Unique identifiers and associated identifying information administered by a city or county shall adhere to the requirements set by the department and be the equivalent to those administered by the department.

  • If a city of county decides to have a tracking program and tags they must be at least as cool as the ones issued by the state…

(g) This section does not apply to a qualified patient cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 100 square feet and he or she cultivates marijuana for his or her personal medical use and does not sell, distribute, donate, or provide marijuana to any other person or entity. This section does not apply to a primary caregiver cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 500 square feet and he or she cultivates marijuana exclusively for the personal medical use of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Section 11362.7 and does not receive remuneration for these activities, except for compensation provided in full compliance with subdivision (c) of Section 11362.765. For purposes of this section, the area used to cultivate marijuana shall be measured by the aggregate area of vegetative growth of live marijuana plants on the premises. Exemption from the requirements of this section does not limit or prevent a city, county, or city and county from regulating or banning the cultivation, storage, manufacture, transport, provision, or other activity by the exempt person, or impair the enforcement of that regulation or ban.

  • This program does not include patients who are cultivating in an area under 100 sq ft (10 x 10) that are growing just for themselves, and do not sell, give away, or SHARE their weed with anyone else. Got that? Your personal 10×10 garden does not get regulated as long as you never share a joint with anyone from it. Otherwise you are fucked. Sorry.
  • Caregivers are not regulated by this program if their garden is under 500 sq ft (25 x 20) and they are cultivating for 5 or less patients. You must meet the definition of primary caregiver for those 5 folks which means, “individual designated by the patient… who has consistently assumed responsibility for the housing, health, or safety of that person.” And you can’t get paid… sorry.
  • The square footage is measured by the combination of grow areas used…
  • Cities and counties can still ban or limit growing if they want though…

SEC. 7. Section 13276 is added to the Water Code, to read:

13276. (a) The multiagency task force, the Department of Fish and Wildlife and State Water Resources Control Board pilot project to address the Environmental Impacts of Cannabis Cultivation, assigned to respond to the damages caused by marijuana cultivation on public and private lands in California, shall continue its enforcement efforts on a permanent basis and expand them to a statewide level to ensure the reduction of adverse impacts of marijuana cultivation on water quality and on fish and wildlife throughout the state.

  • The “task force” created to enforce environmental issues on weed farms will expand their efforts to make sure weed farms are not ruining the environment…

(b) Each regional board shall, and the State Water Resources Control Board may, address discharges of waste resulting from medical marijuana cultivation and associated activities, including by adopting a general permit, establishing waste discharge requirements, or taking action pursuant to Section 13269. In addressing these discharges, each regional board shall include conditions to address items that include, but are not limited to, all of the following:

  • Water agencies can add regulation and fees on for the discharge of nutrients and whatnot into the water system. They can do the following:

(1) Site development and maintenance, erosion control, and drainage features.

  • How the site is developed and maintained. How it affects erosion. And what types of expensive fancy filters you need on your drainage systems…

(2) Stream crossing installation and maintenance.

  • Any infrastructure needed for drainage, like culverts and drain pipes…

(3) Riparian and wetland protection and management.

  • River areas and wetlands…

(4) Soil disposal.

  • Getting rid of dirt…

(5) Water storage and use.

  • How much water you can store and use…

(6) Irrigation runoff.

  • The runoff from watering plants…

(7) Fertilizers and soil.

  • Nutrient and soil usage…

(8) Pesticides and herbicides.

  • Pesticide and herbicide use…

(9) Petroleum products and other chemicals.

  • Non-organic additives and other stuff…

(10) Cultivation-related waste.

  • Weed grower garbage disposal…

(11) Refuse and human waste.

  • Garbage and poop…

(12) Cleanup, restoration, and mitigation.

  • Whatever it takes to clean up after you dirty weedheads…

SEC. 8. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

  • If some of this is illegal the rest of it still stands…

SEC. 9. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

  • We do not have to pay for this stuff if it is in the scope of normal local enforcement activity…

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

  • If we make the locals do something that they normally would not have to do we will pay for that…

SEC. 10. This measure shall become operative only if both Assembly Bill 266 and Senate Bill 643 of the 2015–16 Regular Session are enacted and become operative.

  • This law only works if the other two laws pass as well…

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