and sale o cannabis, including but not limited to the ollowing, whethernow existing or adopted in the uture: Health and Saety Code sections11014.5 and 11364.5 [relating to drug paraphernalia]; 11054 [relating tocannabis or tetrahydrocannabinols]; 11357 [relating to possession];11358 [relating to cultivation]; 11359 [possession or sale]; 11360[relating to transportation and sales]; 11366 [relating to maintenance oplaces]; 11366.5 [relating to use o property]; 11370 [relating topunishment]; 11470 [relating to oreiture]; 11479 [relating to seizure anddestruction]; 11703 [relating to denitions regarding illegal substances];11705 [actions or use o illegal controlled substance]; Vehicle Codesections 23222 and 40000.15 [relating to possession].2. This Act is not intended to aect the application or enorcement o theollowing state laws relating to public health and saety or protection ochildren and others: Health and Saety Code sections 11357 [relating topossession on school grounds]; 11361 [relating to minors as amendedherein]; 11379.6 [relating to chemical production]; 11532 [relating toloitering to commit a crime or acts not authorized by law]; Vehicle Codesection 23152 [relating to driving while under the infuence]; Penal Codesection 272 [relating to contributing to the delinquency o a minor]; nor anylaw prohibiting use o controlled substances in the workplace or by specicpersons whose jobs involve public saety.
Setion 3: Lwul ativities
Article 5 o Chapter 5 o Division 10 o the Health and Saety Code,commencing with section 11300 is added to read:
Setion 11300: Personl Regultion nd controls
(a) Notwithstanding any other provision o law, it is lawul and shall not be apublic oense under Caliornia law or any person 21 years o age orolder to:(i) Personally possess, process, share, or transport not more than oneounce o cannabis, solely or that individual’s personal consumption,and not or sale.(ii) Cultivate, on private property by the owner, lawul occupant, orother lawul resident or guest o the private property owner orlawul occupant, cannabis plants or personal consumption only,in an area o not more than twenty-ve square eet per privateresidence or, in the absence o any residence, the parcel.Cultivation on leased or rented property may be subject to approvalrom the owner o the property. Provided that, nothing in thissection shall permit unlawul or unlicensed cultivation o cannabison any public lands.(iii) Possess on the premises where grown the living and harvestedplants and results o any harvest and processing o plants lawullycultivated pursuant to section 11300(a)(ii), or personalconsumption.(iv) Possess objects, items, tools, equipment, products and materialsassociated with activities permitted under this subsection.(b) “Personal consumption” shall include but is not limited to possessionand consumption, in any orm, o cannabis in a residence or other non-public place, and shall include licensed premises open to the publicauthorized to permit on-premises consumption o cannabis by a localgovernment pursuant to section 11301.(c) “Personal consumption” shall not include, and nothing in this Act shallpermit cannabis:(i) possession or sale regardless o amount, except by a person whois licensed or permitted to do so under the terms o an ordinanceadopted pursuant to section 11301;(ii) consumption in public or in a public place;(iii) consumption by the operator o any vehicle, boat or aircrat while itis being operated, or that impairs the operator;(iv) smoking cannabis in any space while minors are present.
Setion 11301: commeril Regultions nd controls
Notwithstanding any other provision o state or local law, a local governmentmay adopt ordinances, regulations, or other acts having the orce o law tocontrol, license, regulate, permit or otherwise authorize, with conditions,the ollowing:(a) cultivation, processing, distribution, the sae and secure transportation,sale and possession or sale o cannabis, but only by persons and inamounts lawully authorized;(b) retail sale o not more than one ounce per transaction, in licensedpremises, to persons 21 years or older, or personal consumption andnot or resale;(c) appropriate controls on cultivation, transportation, sales, andconsumption o cannabis to strictly prohibit access to cannabis bypersons under the age o 21;(d) age limits and controls to ensure that all persons present in, employedby, or in any way involved in the operation o, any such licensedpremises are 21 or older;(e) consumption o cannabis within licensed premises;() sae and secure transportation o cannabis rom a licensed premisesor cultivation or processing, to a licensed premises or sale or on-premises consumption o cannabis;(g) prohibit and punish through civil nes or other remedies the possession,sale, possession or sale, cultivation, processing, or transportation ocannabis that was not obtained lawully rom a person pursuant to thissection or section 11300;(h) appropriate controls on licensed premises or sale, cultivation,processing, or sale and on-premises consumption, o cannabis,including limits on zoning and land use, locations, size, hours ooperation, occupancy, protection o adjoining and nearby properties andpersons rom unwanted exposure, advertising, signs and displays, andother controls necessary or protection o the public health and welare;(i) appropriate environmental and public health controls to ensure that anylicensed premises minimizes any harm to the environment, adjoining andnearby landowners, and persons passing by;(j) appropriate controls to restrict public displays, or public consumption ocannabis;(k) appropriate taxes or ees pursuant to section 11302;(l) such larger amounts as the local authority deems appropriate and properunder local circumstances, than those established under section11300(a) or personal possession and cultivation, or under this sectionor commercial cultivation, processing, transportation and sale bypersons authorized to do so under this section;(m) any other appropriate controls necessary or protection o the publichealth and welare.
Setion 11302: Imposition nd colletion o Txes nd Fees
(a) Any ordinance, regulation or other act adopted pursuant to section 11301may include imposition o appropriate general, special or excise,transer or transaction taxes, benet assessments, or ees, on anyactivity authorized pursuant to such enactment, in order to permit thelocal government to raise revenue, or to recoup any direct or indirectcosts associated with the authorized activity, or the permitting orlicensing scheme, including without limitation: administration;applications and issuance o licenses or permits; inspection o licensedpremises and other enorcement o ordinances adopted under section11301, including enorcement against unauthorized activities.(b) Any licensed premises shall be responsible or paying all ederal, stateand local taxes, ees, nes, penalties or other nancial responsibilityimposed on all or similarly situated businesses, acilities or premises,including without limitation income taxes, business taxes, license ees,and property taxes, without regard to or identication o the business oritems or services sold.
Setion 11303: Seizure
(a) Notwithstanding sections 11470 and 11479 o the Health and SaetyCode or any other provision o law, no state or local law enorcementagency or ocial shall attempt to, threaten to, or in act seize or destroyany cannabis plant, cannabis seeds or cannabis that is lawullycultivated, processed, transported, possessed, possessed or sale, soldor used in compliance with this Act or any local government ordinance,law or regulation adopted pursuant to this Act.
Setion 11304: Eet o at nd Defnitions
(a) This Act shall not be construed to aect, limit or amend any statute thatorbids impairment while engaging in dangerous activities such asdriving, or that penalizes bringing cannabis to a school enrolling pupils inany grade rom kindergarten through 12, inclusive.(b) Nothing in this Act shall be construed or interpreted to permit interstateor international transportation o cannabis. This Act shall be construedto permit a person to transport cannabis in a sae and secure mannerrom a licensed premises in one city or county to a licensed premises inanother city or county pursuant to any ordinances adopted in suchcities or counties, notwithstanding any other state law or the lack o anysuch ordinance in the intervening cities or counties.(c) No person shall be punished, ned, discriminated against, or be deniedany right or privilege or lawully engaging in any conduct permittedby this Act or authorized pursuant to Section 11301 o this Act. Providedhowever, that the existing right o an employer to address consumptionthat actually impairs job perormance by an employee shall not beaected.
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