California Lawmakers Reach Historical Agreement Toward Regulating Medical Cannabis

Early in September, a joint statement by several California State Assembly members was released, stating that they had reached an agreement in regards to comprehensively regulating medical cannabis in the state. Since then, Californians have been awaiting the final decision of Governor Jerry Brown, which will determine whether or not the state’s rather unregulated medical cannabis industry will find some structure.

California voters legalized medicinal cannabis in 1996 with Prop 215, but its regulatory process has been scattered, with varying rules and regulations existing between cities and counties. According to Los Angeles Times, the proposal at hand would call for the state to create a new office geared directly towards issuing licenses to medical cannabis collectives. Additionally, cannabis growers would adhere to regulations enforced by the state, as opposed to county or city-wide laws. This framework entails 17 different licensing procedures, detailed labeling and product tracking using fool-proof technology. The proposal will also create the Bureau of Medical Marijuana Regulation (BMMR) within the state Department of Consumer Affairs that would oversee all licensing and regulatory efforts. This measure would satisfy those who prefer that cannabis not be regulated under the umbrella of state entities such as the Alcohol Tobacco Firearms (ATF) or Alcohol Beverage Control (ABC).

State Assembly members and AB-266 authors Rob Bonta (D-Oakland), Ken Cooley (D-Rancho Cordova), Reginald Byron Jones-Sawyer (D-Los Angeles) and Tom Lackey (R-Palmdale), wrote in a statement released in September that, “This is the first time in the history of California that a medical marijuana regulatory framework has been agreed to by the California State Assembly, the California State Senate and the Governor’s Office.”

Bonta, lead author of the bill, goes on to explain, “AB-266 is the result of an unprecedented stakeholder process in which my colleagues and I brought everyone to the table, from medical marijuana businesses to law enforcement and patient advocates, to create a comprehensive regulatory framework for the state’s billion dollar medical marijuana industry. My office and the offices of my joint authors have spent thousands of hours holding stakeholder meetings to refine the bill and incorporate recommendations from stakeholders as well as Assembly leadership and the administration.”

If approved by Governor Brown, these bills would build a foundation for recreational use of cannabis throughout California. The new proposal would also call for cannabis to be seen as more of an agricultural product, as opposed to a controlled substance. The proposal includes a provision that would mandate cultivators to follow the same regulatory standards as mainstream farmers in regards to laws surrounding water use and pesticides, for example. Lastly, this area of the proposal would also call for mandatory testing on all cannabis products including edibles, concentrates and oils.

In an interview with the Sacramento Bee, Assemblyman Cooley stated, “By the legislature acting through this deliberative process, putting this framework together, the issues this bill addresses will not be superseded by a ballot initiative. We will not let someone freelance in a state of nearly 40 million people these kinds of important public safety and public health policies. That is a colossal benefit. And it actually is historic.”