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A.B. 390 Marijuana Control, Regulation, And Education Act

A.B. 390 Marijuana Control, Regulation, And Education Act

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Legalization Legislation for 2010 ballot.
Legalization Legislation for 2010 ballot.

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Published by: James Allen Isaacs Jr. on Jan 06, 2010
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01/16/2013

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california legislature
2009
10 regular session
ASSEMBLY BILL No. 390
Introduced by Assembly Member Ammiano
February23, 2009An act to add Section 22394.1 to, and to add Chapter 14.5(commencing with Section 25400) to Division 9 of, the Business andProfessions Code, to amend Section 68152 of the Government Code,to amend Sections 11014.5, 11054, 11357, 11364.5, 11370, 11470,11479, 11488, 11532, 11703, and 11705 of, to add Division 10.3(commencing with Section 11720) to, and to repeal Sections 11358,11359, 11360, 11361, and 11485 of, the Health and Safety Code, toadd Part 14.6 (commencing with Section 34001) to Division 2 of theRevenue and Taxation Code, to amend Sections 23222 and 40000.15of the Vehicle Code, and to amend Section 18901.3 of the Welfare andInstitutions Code, relating to marijuana.
legislative counsel
s digest
AB390, as introduced, Ammiano.Marijuana Control, Regulation,and Education Act.Existing state law provides that every person who possesses, sells,transports, or cultivates marijuana, concentrated cannabis, or derivativesof marijuana, except as authorized by law, is guilty of one or morecrimes.This bill would remove marijuana and its derivatives from existingstatutes de
f
ning and regulating controlled substances. It would insteadlegalize the possession, sale, cultivation, and other conduct relating tomarijuana and its derivatives by persons 21 years of age and older,except as speci
f
ed. It would set up a wholesale and retail marijuanasales regulation program, including special fees to fund drug abuse
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prevention programs, as speci
f
ed, to commence after regulationsconcerning the program have been issued, and federal law permitspossession and sale consistent with the program. It would ban local andstate assistance in enforcing inconsistent federal and other laws relatingto marijuana, and would provide speci
f
ed infraction penalties forviolations of these new marijuana laws and regulations, as speci
f
ed. Itwould make other conforming changes.By creating various infractions for violations of regulations and lawscreated by this act, this bill would impose a state-mandated localprogram.The California Constitution requires the state to reimburse localagencies 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 actfor a speci
f
ed reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.State-mandated local program: yes.
The people of the State of California do enact as follows:
12345678910111213141516171819SECTION 1.It is the intent of the Legislature in enacting this,the Marijuana Control, Regulation, and Education Act, to do allof the following:(a) To legalize marijuana and its derivatives.(b) To remove all existing civil and criminal penalties for adults21 years of age or older who cultivate, possess, transport, sell, oruse marijuana, without impacting existing laws proscribingdangerous activities while under the in
uence of marijuana, orcertain conduct that exposes younger persons to marijuana.(c) To ensure that the proper regulatory apparatus for marijuanasale and cultivation is ready when permitted by the federalgovernment.(d) To raise funds and to discourage substance abuse by theimposition of a substantial fee on the legal sale of marijuana, theproceeds of which will support drug education and awareness.(e) To impose a set of regulations and laws concerning marijuanacomparable to those imposed on alcohol.(f) To impose substantial
f
nes for violations of thenoncommercial regulations and laws concerning marijuana, which
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AB390
 
12345678910111213141516171819202122232425262728293031323334353637383940will be applicable until and after commercial marijuana is availableby virtue of future changes in federal law.(g) To prevent state and local agencies from supporting anyprosecution for federal or other crimes relating to marijuana thatare inconsistent with those provided in this bill.(h) To exclude from the fees and regulations imposed by thisact marijuana that is for uses other than smoking or ingestion, andto exclude medicinal marijuana from fees under these provisions.(i) To encourage the federal government to reconsider itspolicies concerning marijuana, and to change its laws accordingly.SEC. 2.Section 23394.1 is added to the Business andProfessions Code, to read:23394.1.An off-sale general license, as provided for in Section23394, also authorizes the sale, to consumers only and not forresale, of marijuana, concentrated cannabis, or any of its derivativespursuant to the provisions of Chapter 14.5 (commencing withSection 25400) of this division.SEC. 3.Chapter 14.5 (commencing with Section 25400) isadded to Division 9 of the Business and Professions Code, to read:
Chapter
14.5.
Commercial Marijuana Production andSale
25400.For purposes of this chapter,
marijuana
means allparts of the plant Cannabis sativa L., whether growing or not; theseeds thereof; the resin extracted from any part of the plant;concentrated cannabis; and every compound, manufacture, salt,derivative, mixture, or preparation of the plant, its seeds or resin.It does not include the mature stalks of the plant,
f
ber producedfrom the stalks, oil or cake made from the seeds of the plant, anyother compound, manufacture, salt, derivative, mixture, orpreparation of the mature stalks (except the resin extractedtherefrom),
f
ber, oil, or cake, or the sterilized seed of the plantthat is incapable of germination.25401.(a) The department shall license commercial cultivatorsof marijuana. The fee for the license shall be set at an amount thatwill reasonably cover to costs of assuring compliance with theregulations to be issued, but may not exceed
f
ve thousand dollars($5,000) for an initial application, or two thousand
f
ve hundreddollars ($2,500) per year for each annual renewal.
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AB390
 
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