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Legislators & Lobbyists Scramble for Regulations in Anticipation of 2016

Flickr user David TanAlthough medical cannabis is legal in California, no one
really has any clue what that actually means. Nearly 20 years after voters
approved the medical use of cannabis, we stil

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Flickr user David Tan

Although medical cannabis is legal in California, no one
really has any clue what that actually means. Nearly 20 years after voters
approved the medical use of cannabis, we still can’t figure out how it works.
Why? Because we have an inconsistent and conflicting set of laws governing this
$2 billion dollar industry.

CURRENT
MEDICAL REGULATION PROPOSALS
: There are three competing bills (two in
the State Assembly and one in the Senate), that aim to clear the air, and
create a framework for the legal cultivation and distribution of medical
cannabis in California. Most notably, they differ in the determination of
whether local municipalities, like cities and counties will maintain control of
businesses or if there will be statewide regulation. One also addresses
environmental and health issues.

One bill, the Medical
Marijuana Public Safety and Environmental Protection Act (SB-643),
focuses on the environmental impact of growing and the illegal use of water to
irrigate cannabis crops in the face of California’s drought.

Commentary:
Although a progressive ideal, this act may be a little premature. We should regulate
the industry realistically, THEN evaluate environmental impacts, before
legislating.

Another, Assembly
Bill 34, supported by the California Cannabis Industry Association and
the Emerald Growers Association (EGA), seeks to create a “strong regulatory
regime” that would “help the industry come out of the shadows and increase
safety and the quality of the product.” This bill would give greater power to
state agencies like the Alcoholic Beverage Control, the State Department of
Public Health and the Department of Food and Agriculture, but would leave room
for local ordinances to retain some control.

Commentary:
NCIA and EGA have a good history of supporting progressive regulation while
respecting the concerns of everyday citizens who prefer not to be inundated
with medical cannabis smells and sells.

Both bills compete with AB-266,
sponsored by the California Police Chiefs Association and the League of
California Cities. AB-266 proposes to place the majority of control in the
hands of local authorities with some state oversight. For example, under this
bill, a state agency would issue licenses to sellers and growers, but local
governments would create and enforce their own ordinances for cultivation and
sale.

Commentary:
We’ve seen how poorly this works in most cities as medical cannabis business
bans run rampant throughout California. Our goal is to encourage the safe and
legal access of cultivation and distribution, and this bill codifies the status
quo.

All three bills have already cleared two Senate committees
and now move on to the appropriations committee.

As California moves closer to
recreational legalization, the outcome of these three proposed medical cannabis
bills will probably affect how recreational regulations are handled. Although
the federal government minimizes enforcement efforts in states where
regulations are enforced, California’s mismatched puzzle pieces of law is a
problem that needs to be reworked to create a clear picture. Legislators say
these laws are needed now to prevent federal interference.

RECREATIONAL
LEGALIZATION MOVEMENT:
California is moving closer to legalization on
the recreational front with at least four ballot
initiatives filed for the 2016 election.

Although we will provide full
review of all initiatives as the election nears, two notable initiatives are
described below.

First, The
Marijuana Control, Legalization and Revenue Act
would legalize under state law: Cannabis use, growth, cultivation,
possession, transportation, storage and sale. It also would create a regulatory
commission, apply sales taxes, allocate revenue, and prohibit discrimination
against cannabis users and businesses. A legislative analyst estimated the
initiative would save the state “hundreds of millions of dollars.”

The California
Marijuana Legalization Initiative
may
also appear on the
November 8, 2016 ballot in California
as an
initiated state statute or initiated constitutional amendment. The Marijuana
Policy Project supports the initiative. The measure would legalize recreational
cannabis for adults and, according to
proponents, regulate and tax the drug like alcohol. The initiative will be
similar to 2012’s
Washington Initiative 502 and Colorado Amendment 64, which were both approved by
voters.

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