Rules of Engagement

AB 473: Assemblyman Tom Ammiano’s vision for standardized regulations

Ever since the Compassionate Use Act became law in 1996 medical cannabis has had the potential to become a very big business in California. There are thousands of dispensaries operating throughout the state providing significant amounts of MMJ to patients every year, but, the argument goes, without standardized regulations to protect the industry it’s wide-open for abuse by local and federal authorities.

Last year, dozens of cities across the Golden State attempted to ban cannabis sales with dubious city council rulings and conflicting district regulations, while raids by federal authorities like the Drug Enforcement Agency and the Federal Bureau of Investigation closed clinics, incarcerated caregivers and left many citizens with nothing but illness, uncertainty, misery and pain.

It’s possible that Assemblyman Tom Ammiano—a staunch MMJ supporter—could have an answer to this dilemma.

Ammiano, a Democrat from the Bay Area, recently introduced AB 473, a measure that would enact regulations for the medical cannabis industry throughout California. Although the details are still being worked out, the measure basically treats cannabis like alcohol. It would create a “Division of Medical Cannabis Regulation” that would control how the plant is grown, delivered and sold statewide, with taxes from cannabis sales funding it all.

Ammiano, who represents the 17th Assembly District, has been a strong supporter of legalizing cannabis. “Where marijuana rules are concerned, California has been in chaos for way too long,” Ammiano says.

With so many cities, counties and courts contradicting each other when it comes to regulation, it’s a fair argument to say the industry needs some regulations to establish order.

“Cities have been looking for state guidance, dispensaries feel they are at the mercy of changing rules and patients who need medical cannabis are uncertain about how their legitimate medical needs will be filled,” Ammiano says. “This is a concrete plan that will keep medical marijuana safe. We will get it into the right hands and keep it out of the wrong hands.”

Of course, not everyone is going to be happy if measure AB 473 becomes law across California. Because the proposed Division of Medical Cannabis Regulation would fall under the auspices of the Department of Beverage Control, taxes will have to be paid, rules will have to be followed, and a new bureaucracy may be born. On the other side of the coin, in Colorado—where similar regulations and a similar agency have been passed—federal agencies have largely backed off of raiding growers and operators that adhere to such regulations.

The strongest supporters of legalization argue that cannabis shouldn’t be any more controlled than ginseng or dandelion greens. And although medical cannabis patients can grow their own medicine under the Compassionate Use Act, there is a general feeling that regulation will only make life more difficult for an industry that’s survived for 17 years with minimal regulation.

But as wild as the west has been, law and order is inevitable if patients want to have guaranteed access to their medicine, especially with a potential federal shadow overarching everything.

www.tomammiano.com

Been Here Before

Assemblyman Tom Ammiano has attempted to pass a bill similar to AB 473 before, one that would also have established MMJ as a bone fide business. Last year, AB 2312 would have allowed cooperatives, collectives and other related businesses to cultivate, transport, sell and more. However, Ammiano withdrew the bill a week before the state Senate was to debate it; it was receiving criticism from both sides of the aisle and advocates weren’t fond of late amendments that were added on.