AB 1002: Center for Cannabis Research.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-07-18
(1)Existing law authorizes the creation by the University of California of the California Marijuana Cannabis Research Program, the purpose of which is to develop and conduct studies intended to ascertain the general medical safety and efficacy of administering marijuana as part of a medical program cannabis and, if found valuable, to develop medical guidelines for the appropriate administration and use of marijuana. cannabis. Existing law authorizes the program to conduct focused controlled clinical trials on the usefulness of marijuana on cannabis in patients diagnosed with specified conditions, including cancer and glaucoma.
This bill would rename the program the Center for Cannabis Research and would expand the purview of the program to include the study of naturally occurring constituents of cannabis and synthetic compounds that have effects similar to naturally occurring cannabinoids. The bill would authorize the program to cultivate cannabis to be used exclusively for research purposes and to contract with a private entity to provide expertise in cultivating medical cannabis. The bill would also authorize the controlled clinical trials to focus on examining testing methods for detecting harmful contaminants in marijuana, cannabis, including mold and bacteria.
(2)Existing law requires the President of the University of California, if the program is implemented, to appoint a multidisciplinary Scientific Advisory Council, not to exceed 15 members, to provide policy guidance in the creation and implementation of the program.
This bill would require the president to appoint the advisory council on the advice of the director of the program. The bill would also require the program, by July 1, 2018, to report to the Legislature, the Governor, and the Attorney General on the progress of the cannabis studies and to report every year thereafter to the Legislature detailing the progress of the studies.
(3)Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative statute approved by the voters at the November 8, 2016, statewide general election as Proposition 64, among other things, establishes the California Marijuana Tax Fund as a continuously appropriated fund consisting of specified taxes, interest, penalties, and other amounts imposed by AUMA. AUMA requires, after other specified disbursements are made from the fund, the Controller to disburse the sum of $10,000,000 annually to a public university or universities in California, beginning with the 201819 fiscal year until the 202829 fiscal year, to research and evaluate the implementation and effect of AUMA and, if appropriate, make recommendations to the Legislature and the Governor regarding possible amendments to AUMA. Existing law requires the Bureau of Marijuana Control to select the universities to be funded.
This bill would provide that it is the intent of the Legislature that the state commission objective scientific research by the University of California under the Center for Cannabis Research program California Cannabis Research Program to study the implementation and effect of the Control, Regulate and Tax Adult Use of Marijuana Act. The bill would also amend the provisions of AUMA to require the Bureau of Marijuana Control to consider selecting the University of California and the Center for Cannabis Research program California Cannabis Research Program when selecting a public university or public universities to be funded to research and evaluate the implementation and effect of AUMA.
This bill would also make conforming changes to a related provision of law.
(4)AUMA authorizes legislative amendment of its provisions with a 2/3 vote of both houses of the Legislature, without submission to the voters, to further its purposes and intent.
This bill would declare that its provisions further specified purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
(1)Existing law authorizes the creation by the University of California of the California Marijuana Research Program, the purpose of which is to develop and conduct studies intended to ascertain the general medical safety and efficacy of administering marijuana as part of a medical program and, if found valuable, to develop medical guidelines for the appropriate administration and use of marijuana. Existing law authorizes the program to conduct focused controlled clinical trials on the usefulness of marijuana on specified conditions, including cancer and glaucoma.
This bill would rename the program the Center for Cannabis Research and would expand the purview of the program to include the study of naturally occurring constituents of cannabis and synthetic compounds that have effects similar to naturally occurring cannabinoids. The bill would authorize the program to cultivate cannabis to be used exclusively for research purposes and to contract with a private entity to provide expertise in cultivating medical cannabis. The bill would also authorize the controlled clinical trials to focus on examining testing methods for detecting harmful contaminants in marijuana, including mold and bacteria.
(2)Existing law requires the President of the University of California, if the program is implemented, to appoint a multidisciplinary Scientific Advisory Council, not to exceed 15 members, to provide policy guidance in the creation and implementation of the program.
This bill would require the president to appoint the advisory council on the advice of the director of the program.
(3)Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative statute approved by the voters at the November 8, 2016, statewide general election as Proposition 64, among other things, establishes the California Marijuana Tax Fund as a continuously appropriated fund consisting of specified taxes, interest, penalties, and other amounts imposed by AUMA. AUMA requires, after other specified disbursements are made from the fund, the Controller to disburse the sum of $10,000,000 annually to a public university or universities in California, beginning with the 201819 fiscal year until the 202829 fiscal year, to research and evaluate the implementation and effect of AUMA and, if appropriate, make recommendations to the Legislature and the Governor regarding possible amendments to AUMA. Existing law requires the Bureau of Marijuana Control to select the universities to be funded.
This bill would provide that it is the intent of the Legislature that the state commission objective scientific research by the University of California under the Center for Cannabis Research program to study the implementation and effect of the Control, Regulate and Tax Adult Use of Marijuana Act. The bill would also amend the provisions of AUMA to require the Bureau of Marijuana Control to consider selecting the University of California and the Center for Cannabis Research program when selecting a public university or public universities to be funded to research and evaluate the implementation and effect of AUMA.
(4)AUMA authorizes legislative amendment of its provisions with a 2/3 vote of both houses of the Legislature, without submission to the voters, to further its purposes and intent.
This bill would declare that its provisions further specified purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
(1)Existing law authorizes the creation by the University of California of the California Marijuana Research Program, the purpose of which is to develop and conduct studies intended to ascertain the general medical safety and efficacy of administering marijuana as part of a medical program and, if found valuable, to develop medical guidelines for the appropriate administration and use of marijuana. Existing law authorizes the program to conduct focused controlled clinical trials on the usefulness of marijuana on specified conditions, including cancer and glaucoma.
This bill would rename the program the Center for Cannabis Research and would expand the purview of the program to include the study of naturally occurring constituents of cannabis and synthetic compounds that have effects similar to naturally occurring cannabinoids. The bill would authorize the program to cultivate cannabis to be used exclusively for research purposes and to contract with a private entity to provide expertise in cultivating medical cannabis. The bill would also authorize the controlled clinical trials to focus on examining testing methods for detecting harmful contaminants in marijuana, including mold and bacteria.
Existing(2)Existing law requires the President of the University of California, if the program is implemented, to appoint a multidisciplinary Scientific Advisory Council, not to exceed 15 members, to provide policy guidance in the creation and implementation of the program.
This bill would require the president to appoint the advisory council on the advice of the director of the program.
(3)Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative statute approved by the voters at the November 8, 2016, statewide general election as Proposition 64, among other things, establishes the California Marijuana Tax Fund as a continuously appropriated fund consisting of specified taxes, interest, penalties, and other amounts imposed by AUMA. AUMA requires, after other specified disbursements are made from the fund, the Controller to disburse the sum of $10,000,000 annually to a public university or universities in California, beginning with the 201819 fiscal year until the 202829 fiscal year, to research and evaluate the implementation and effect of AUMA and, if appropriate, make recommendations to the Legislature and the Governor regarding possible amendments to AUMA. Existing law requires the Bureau of Marijuana Control to select the universities to be funded.
This bill would provide that it is the intent of the Legislature that the state commission objective scientific research by the University of California under the Center for Cannabis Research program to study the implementation and effect of the Control, Regulate and Tax Adult Use of Marijuana Act. The bill would also amend the provisions of AUMA to require the Bureau of Marijuana Control to consider selecting the University of California and the Center for Cannabis Research program when selecting a public university or public universities to be funded to research and evaluate the implementation and effect of AUMA.
(4)AUMA authorizes legislative amendment of its provisions with a 2/3 vote of both houses of the Legislature, without submission to the voters, to further its purposes and intent.
This bill would declare that its provisions further specified purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
Existing law authorizes the creation by the University of California of the California Marijuana Research Program, the purpose of which is to develop and conduct studies intended to ascertain the general medical safety and efficacy of administering marijuana as part of a medical program and, if found valuable, to develop medical guidelines for the appropriate administration and use of marijuana. Existing law authorizes the program to conduct focused controlled clinical trials on the usefulness of marijuana on specified conditions, including cancer and glaucoma.
This bill would rename the program the Center for Cannabis Research and would expand the purview of the program to include the study of naturally occurring constituents of cannabis and synthetic compounds that have effects similar to naturally occurring cannabinoids. The bill would authorize the program to cultivate cannabis to be used exclusively for research purposes and to contract with a private entity to provide expertise in cultivating medical cannabis. The bill would also authorize the controlled clinical trials to focus on examining testing methods for detecting harmful contaminants in marijuana, including mold and bacteria.
Existing law requires the President of the University of California, if the program is implemented, to appoint a multidisciplinary Scientific Advisory Council, not to exceed 15 members, to provide policy guidance in the creation and implementation of the program.
This bill would require the president to appoint the advisory council on the advice of the director of the program.
The Medical Board of California shall consult with the Center for Cannabis Research, California Cannabis Research Program, authorized pursuant to Section 11362.9 of the Health and Safety Code, on developing and adopting medical guidelines for the appropriate administration and use of medical cannabis.
SEC. 2.Section 19354 of the Business and Professions Code is amended to read:19354.The bureau shall contract with the Center for Cannabis Research, authorized pursuant to Section 11362.9 of the Health and Safety Code, to develop a study that identifies the impact that cannabis has on motor skills.SEC. 3.Section 11362.9 of the Health and Safety Code is amended to read:11362.9.(a)(1)It is the intent of the Legislature that the state commission objective scientific research by the premier research institute of the world, the University of California, regarding the efficacy and safety of administering marijuana, its naturally occurring constituents, and synthetic compounds that have effects similar to naturally occurring cannabinoids, as part of medical treatment. If the Regents of the University of California, by appropriate resolution, accept this responsibility, the University of California shall create a program, to be known as the Center for Cannabis Research.(2)The program shall develop and conduct studies intended to ascertain the general medical safety and efficacy of marijuana and, if found valuable, shall develop medical guidelines for the appropriate administration and use of marijuana. The studies may include studies to ascertain the effect of marijuana on motor skills and other behavioral and health outcomes.(b)The program may immediately solicit proposals for research projects to be included in the marijuana studies. Program requirements to be used when evaluating responses to its solicitation for proposals shall include, but not be limited to, all of the following:(1)Proposals shall demonstrate the use of key personnel, including clinicians or scientists and support personnel, who are prepared to develop a program of research regarding marijuanas general medical efficacy and safety.(2)Proposals shall contain procedures for outreach to patients with various medical conditions who may be suitable participants in research on marijuana.(3)Proposals shall contain provisions for a patient registry.(4)Proposals shall contain provisions for an information system that is designed to record information about possible study participants, investigators, and clinicians, and deposit and analyze data that accrues as part of clinical trials.(5)Proposals shall contain protocols suitable for research on marijuana, addressing patients diagnosed with acquired immunodeficiency syndrome (AIDS) or human immunodeficiency virus (HIV), cancer, glaucoma, or seizures or muscle spasms associated with a chronic, debilitating condition. The proposal may also include research on other serious illnesses, provided that resources are available and medical information justifies the research.(6)Proposals shall demonstrate the use of a specimen laboratory capable of housing plasma, urine, and other specimens necessary to study the concentration of cannabinoids in various tissues, as well as housing specimens for studies of toxic effects of marijuana.(7)Proposals shall demonstrate the use of a laboratory capable of analyzing marijuana, provided to the program under this section, for purity and cannabinoid content and the capacity to detect contaminants.(c)In order to ensure objectivity in evaluating proposals, the program shall use a peer review process that is modeled on the process used by the National Institutes of Health, and that guards against funding research that is biased in favor of or against particular outcomes. Peer reviewers shall be selected for their expertise in the scientific substance and methods of the proposed research, and their lack of bias or conflict of interest regarding the applicants or the topic of an approach taken in the proposed research. Peer reviewers shall judge research proposals on several criteria, foremost among which shall be both of the following:(1)The scientific merit of the research plan, including whether the research design and experimental procedures are potentially biased for or against a particular outcome.(2)Researchers expertise in the scientific substance and methods of the proposed research, and their lack of bias or conflict of interest regarding the topic of, and the approach taken in, the proposed research.(d)If the program is administered by the Regents of the University of California, any grant research proposals approved by the program shall also require review and approval by the research advisory panel.(e)It is the intent of the Legislature that the program be established as follows:(1)The program shall be located at one or more University of California campuses that have a core of faculty experienced in organizing multidisciplinary scientific endeavors and, in particular, strong experience in clinical trials involving psychopharmacologic agents. The campuses at which research under the auspices of the program is to take place shall accommodate the administrative offices, including the director of the program, as well as a data management unit, and laboratory facilities for detection and analysis of various naturally occurring and synthetic cannabinoids, as well as storage of specimens.(2)When awarding grants under this section, the program shall utilize principles and parameters of the other well-tested statewide research programs administered by the University of California, modeled after programs administered by the National Institutes of Health, including peer review evaluation of the scientific merit of applications.(3)The scientific and clinical operations of the program shall occur, partly at University of California campuses, and partly at other postsecondary institutions, that have clinicians or scientists with expertise to conduct the required studies. Criteria for selection of research locations shall include the elements listed in subdivision (b) and, additionally, shall give particular weight to the organizational plan, leadership qualities of the program director, and plans to involve investigators and patient populations from multiple sites.(4)The funds received by the program shall be allocated to various research studies in accordance with a scientific plan developed by the Scientific Advisory Council. As the first wave of studies is completed, it is anticipated that the program will receive requests for funding of additional studies. These requests shall be reviewed by the Scientific Advisory Council.(5)The size, scope, and number of studies funded shall be commensurate with the amount of appropriated and available program funding.(f)All personnel involved in implementing approved proposals shall be authorized as required by Section 11604.(g)Studies conducted pursuant to this section shall include the greatest amount of new scientific research possible on the medical uses of, and medical hazards associated with, marijuana. The program shall consult with the Research Advisory Panel analogous agencies in other states, and appropriate federal agencies in an attempt to avoid duplicative research and the wasting of research dollars.(h)The program shall make every effort to recruit qualified patients and qualified physicians from throughout the state.(i)The marijuana studies shall employ state-of-the-art research methodologies.(j)The program shall ensure that all marijuana used in the studies is of the appropriate medical quality and shall be obtained from the National Institute on Drug Abuse or any other federal agency designated to supply marijuana for authorized research. If these federal agencies fail to provide a supply of adequate quality and quantity within six months of the effective date of this section, the Attorney General shall provide an adequate supply pursuant to Section 11478.(k)The program may review, approve, or incorporate studies and research by independent groups presenting scientifically valid protocols for medical research, regardless of whether the areas of study are being researched by the committee.(l)(1)To enhance understanding of the efficacy and adverse effects of marijuana as a pharmacological agent, the program shall conduct focused controlled clinical trials on the usefulness of marijuana in patients diagnosed with AIDS or HIV, cancer, glaucoma, or seizures or muscle spasms associated with a chronic, debilitating condition. The program may add research on other serious illnesses, provided that resources are available and medical information justifies the research. The studies shall focus on comparisons of both the efficacy and safety of methods of administering the drug to patients, including inhalational, tinctural, and oral, evaluate possible uses of marijuana as a primary or adjunctive treatment, and develop further information on optimal dosage, timing, mode of administration, and variations in the effects of different cannabinoids and varieties of marijuana, or synthetic compounds that simulate the effects of naturally occurring cannabinoids. The studies may also focus on examining testing methods for detecting harmful contaminants in marijuana, including, but not limited to, mold, bacteria, and mycotoxins that could cause harm to patients.(2)The program shall examine the safety of marijuana in patients with various medical disorders, including marijuanas interaction with other drugs, relative safety of inhalation versus oral forms, and the effects on mental function in medically ill persons.(3)The program shall be limited to providing for objective scientific research to ascertain the efficacy and safety of marijuana as part of medical treatment, and should not be construed as encouraging or sanctioning the social or recreational use of marijuana.(m)(1)Subject to paragraph (2), the program shall, prior to any approving proposals, seek to obtain research protocol guidelines from the National Institutes of Health and shall, if the National Institutes of Health issues research protocol guidelines, comply with those guidelines.(2)If, after a reasonable period of time of not less than six months and not more than a year has elapsed from the date the program seeks to obtain guidelines pursuant to paragraph (1), no guidelines have been approved, the program may proceed using the research protocol guidelines it develops.(n)In order to maximize the scope and size of the marijuana studies, the program may do any of the following:(1)Solicit, apply for, and accept funds from foundations, private individuals, and all other funding sources that can be used to expand the scope or timeframe of the marijuana studies that are authorized under this section. The program shall not expend more than 5 percent of its General Fund allocation in efforts to obtain money from outside sources.(2)Include within the scope of the marijuana studies other marijuana research projects that are independently funded and that meet the requirements set forth in subdivisions (a) to (c), inclusive. In no case shall the program accept any funds that are offered with any conditions other than that the funds be used to study the efficacy and safety of marijuana as part of medical treatment. Any donor shall be advised that funds given for purposes of this section will be used to study both the possible benefits and detriments of marijuana and that he or she will have no control over the use of these funds.(o)The program may cultivate cannabis to be used exclusively for research purposes and may contract with a private entity to provide expertise in cultivating medical cannabis. Any program associated with the Center for Cannabis Research in cannabis cultivation shall be compliant with federal regulations governing cannabis manufacture. (p)(1)By July 1, 2018, the program shall report to the Legislature, the Governor, and the Attorney General on the progress of the marijuana studies.(2)Thereafter, the program shall issue a report to the Legislature every year detailing the progress of the studies. The interim reports required under this paragraph shall include, but not be limited to, data on all of the following:(A)The names and number of diseases or conditions under study.(B)The number of patients enrolled in each study by disease.(C)Any scientifically valid preliminary findings.(q)If the Regents of the University of California implement this section, the President of the University of California, on advice of the director of the program, shall appoint a multidisciplinary Scientific Advisory Council, not to exceed 15 members, to provide policy guidance in the creation and implementation of the program. Members shall be chosen on the basis of scientific expertise. Members of the council shall serve on a voluntary basis, with reimbursement for expenses incurred in the course of their participation. The members shall be reimbursed for travel and other necessary expenses incurred in their performance of the duties of the council.(r)No more than 10 percent of the total funds appropriated may be used for all aspects of the administration of this section.(s)In addition to the studies conducted pursuant to subdivision (a), it is the intent of the Legislature that the state commission objective scientific research by the University of California under the program to study the implementation and effect of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), including all of the issues specified in subdivision (b) of Section 34019 of the Revenue and Taxation Code. (t)This section shall be implemented only to the extent that funding for its purposes is appropriated by the Legislature.SEC. 4.Section 34019 of the Revenue and Taxation Code is amended to read:34019.(a)Beginning with the 201718 fiscal year, the Department of Finance shall estimate revenues to be received pursuant to Sections 34011 and 34012 and provide those estimates to the Controller no later than June 15 of each year. The Controller shall use these estimates when disbursing funds pursuant to this section. Before any funds are disbursed pursuant to subdivisions (b), (c), (d), and (e) of this section, the Controller shall disburse from the Tax Fund to the appropriate account, without regard to fiscal year, the following:(1)Reasonable costs incurred by the board for administering and collecting the taxes imposed by this part; provided, however, such costs shall not exceed 4 percent of tax revenues received.(2)Reasonable costs incurred by the bureau, the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health for implementing, administering, and enforcing Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code and Division 10 (commencing with Section 26000) of the Business and Professions Code to the extent those costs are not reimbursed pursuant to Section 26180 of the Business and Professions Code or pursuant to Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code. This paragraph shall remain operative through the 202223 fiscal year.(3)Reasonable costs incurred by the Department of Fish and Wildlife, the State Water Resources Control Board, and the Department of Pesticide Regulation for carrying out their respective duties under Chapter 3.5 (commencing with Section 19300) of Division 8 or Division 10 (commencing with Section 26000) of the Business and Professions Code to the extent those costs are not otherwise reimbursed.(4)Reasonable costs incurred by the Controller for performing duties imposed by the Control, Regulate and Tax Adult Use of Marijuana Act, including the audit required by Section 34020.(5)Reasonable costs incurred by the State Auditor for conducting the performance audit pursuant to Section 26191 of the Business and Professions Code.(6)Reasonable costs incurred by the Legislative Analysts Office for performing duties imposed by Section 34017.(7)Sufficient funds to reimburse the Division of Labor Standards Enforcement and the Division of Occupational Safety and Health within the Department of Industrial Relations and the Employment Development Department for the costs of applying and enforcing state labor laws to licensees under Chapter 3.5 (commencing with Section 19300) of Division 8 and Division 10 (commencing with Section 26000) of the Business and Professions Code.(b)The Controller shall next disburse the sum of ten million dollars ($10,000,000) to a public university or universities in California annually beginning with the 201819 fiscal year until the 202829 fiscal year to research and evaluate the implementation and effect of the Control, Regulate and Tax Adult Use of Marijuana Act, and shall, if appropriate, make recommendations to the Legislature and Governor regarding possible amendments to the Control, Regulate and Tax Adult Use of Marijuana Act. The recipients of these funds shall publish reports on their findings at a minimum of every two years and shall make the reports available to the public. The bureau shall select the universities to be funded and shall consider selecting, among other public universities, the University of California and the Center for Cannabis Research authorized pursuant to Section 11362.9 of the Health and Safety Code as a recipient for those funds. The research funded pursuant to this subdivision shall include but not necessarily be limited to:(1)Impacts on public health, including health costs associated with marijuana use, as well as whether marijuana use is associated with an increase or decrease in use of alcohol or other drugs.(2)The impact of treatment for maladaptive marijuana use and the effectiveness of different treatment programs.(3)Public safety issues related to marijuana use, including studying the effectiveness of the packaging and labeling requirements and advertising and marketing restrictions contained in the act at preventing underage access to and use of marijuana and marijuana products, and studying the health-related effects among users of varying potency levels of marijuana and marijuana products.(4)Marijuana use rates, maladaptive use rates for adults and youth, and diagnosis rates of marijuana-related substance use disorders.(5)Marijuana market prices, illicit market prices, tax structures and rates, including an evaluation of how to best tax marijuana based on potency, and the structure and function of licensed marijuana businesses.(6)Whether additional protections are needed to prevent unlawful monopolies or anti-competitive behavior from occurring in the nonmedical marijuana industry and, if so, recommendations as to the most effective measures for preventing such behavior.(7)The economic impacts in the private and public sectors, including, but not necessarily limited to, job creation, workplace safety, revenues, taxes generated for state and local budgets, and criminal justice impacts, including, but not necessarily limited to, impacts on law enforcement and public resources, short- and long-term consequences of involvement in the criminal justice system, and state and local government agency administrative costs and revenue.(8)Whether the regulatory agencies tasked with implementing and enforcing the Control, Regulate and Tax Adult Use of Marijuana Act are doing so consistent with the purposes of the act, and whether different agencies might do so more effectively.(9)Environmental issues related to marijuana production and the criminal prohibition of marijuana production.(10)The geographic location, structure, and function of licensed marijuana businesses, and demographic data, including race, ethnicity, and gender, of license holders.(11)The outcomes achieved by the changes in criminal penalties made under the Control, Regulate and Tax Adult Use of Marijuana Act for marijuana-related offenses, and the outcomes of the juvenile justice system, in particular, probation-based treatments and the frequency of up-charging illegal possession of marijuana or marijuana products to a more serious offense.(c)The Controller shall next disburse the sum of three million dollars ($3,000,000) annually to the Department of the California Highway Patrol beginning with the 201819 fiscal year until the 202223 fiscal year to establish and adopt protocols to determine whether a driver is operating a vehicle while impaired, including impairment by the use of marijuana or marijuana products, and to establish and adopt protocols setting forth best practices to assist law enforcement agencies. The department may hire personnel to establish the protocols specified in this subdivision. In addition, the department may make grants to public and private research institutions for the purpose of developing technology for determining when a driver is operating a vehicle while impaired, including impairment by the use of marijuana or marijuana products.(d)The Controller shall next disburse the sum of ten million dollars ($10,000,000) beginning with the 201819 fiscal year and increasing ten million dollars ($10,000,000) each fiscal year thereafter until the 202223 fiscal year, at which time the disbursement shall be fifty million dollars ($50,000,000) each year thereafter, to the Governors Office of Business and Economic Development, in consultation with the Labor and Workforce Development Agency and the State Department of Social Services, to administer a community reinvestments grants program to local health departments and at least 50 percent to qualified community-based nonprofit organizations to support job placement, mental health treatment, substance use disorder treatment, system navigation services, legal services to address barriers to reentry, and linkages to medical care for communities disproportionately affected by past federal and state drug policies. The office shall solicit input from community-based job skills, job placement, and legal service providers with relevant expertise as to the administration of the grants program. In addition, the office shall periodically evaluate the programs it is funding to determine the effectiveness of the programs, shall not spend more than 4 percent for administrative costs related to implementation, evaluation, and oversight of the programs, and shall award grants annually, beginning no later than January 1, 2020.(e)The Controller shall next disburse the sum of two million dollars ($2,000,000) annually to the University of California San Diego Center for Cannabis Research to further the objectives of the center including the enhanced understanding of the efficacy and adverse effects of marijuana as a pharmacological agent.(f)By July 15 of each fiscal year beginning in the 201819 fiscal year the Controller shall, after disbursing funds pursuant to subdivisions (a), (b), (c), (d), and (e), disburse funds deposited in the Tax Fund during the prior fiscal year into subtrust accounts, which are hereby created, as follows:(1)Sixty percent shall be deposited in the Youth Education, Prevention, Early Intervention and Treatment Account, and disbursed by the Controller to the State Department of Health Care Services for programs for youth that are designed to educate about and to prevent substance use disorders and to prevent harm from substance use. The State Department of Health Care Services shall enter into interagency agreements with the State Department of Public Health and the State Department of Education to implement and administer these programs. The programs shall emphasize accurate education, effective prevention, early intervention, school retention, and timely treatment services for youth, their families and caregivers. The programs may include, but are not limited to, the following components:(A)Prevention and early intervention services including outreach, risk survey, and education to youth, families, caregivers, schools, primary care health providers, behavioral health and substance use disorder service providers, community and faith-based organizations, foster care providers, juvenile and family courts, and others to recognize and reduce risks related to substance use, and the early signs of problematic use and of substance use disorders.(B)Grants to schools to develop and support student assistance programs, or other similar programs, designed to prevent and reduce substance use, and improve school retention and performance, by supporting students who are at risk of dropping out of school and promoting alternatives to suspension or expulsion that focus on school retention, remediation, and professional care. Schools with higher than average dropout rates should be prioritized for grants.(C)Grants to programs for outreach, education, and treatment for homeless youth and out-of-school youth with substance use disorders.(D)Access and linkage to care provided by county behavioral health programs for youth, and their families and caregivers, who have a substance use disorder or who are at risk for developing a substance use disorder.(E)Youth-focused substance use disorder treatment programs that are culturally and gender competent, trauma-informed, evidence-based and provide a continuum of care that includes screening and assessment (substance use disorder as well as mental health), early intervention, active treatment, family involvement, case management, overdose prevention, prevention of communicable diseases related to substance use, relapse management for substance use and other co-occurring behavioral health disorders, vocational services, literacy services, parenting classes, family therapy and counseling services, medication-assisted treatments, psychiatric medication, and psychotherapy. When indicated, referrals must be made to other providers.(F)To the extent permitted by law and where indicated, interventions shall utilize a two-generation approach to addressing substance use disorders with the capacity to treat youth and adults together. This would include supporting the development of family-based interventions that address substance use disorders and related problems within the context of families, including parents, foster parents, caregivers, and all their children.(G)Programs to assist individuals, as well as families and friends of drug using young people, to reduce the stigma associated with substance use, including being diagnosed with a substance use disorder or seeking substance use disorder services. This includes peer-run outreach and education to reduce stigma, anti-stigma campaigns, and community recovery networks.(H)Workforce training and wage structures that increase the hiring pool of behavioral health staff with substance use disorder prevention and treatment expertise. Provide ongoing education and coaching that increases substance use treatment providers core competencies and trains providers on promising and evidenced-based practices.(I)Construction of community-based youth treatment facilities.(J)The departments may contract with each county behavioral health program for the provision of services.(K)Funds shall be allocated to counties based on demonstrated need, including the number of youth in the county, the prevalence of substance use disorders among adults, and confirmed through statistical data, validated assessments, or submitted reports prepared by the applicable county to demonstrate and validate need.(L)The departments shall periodically evaluate the programs they are funding to determine the effectiveness of the programs.(M)The departments may use up to 4 percent of the moneys allocated to the Youth Education, Prevention, Early Intervention and Treatment Account for administrative costs related to implementation, evaluation, and oversight of the programs.(N)If the Department of Finance ever determines that funding pursuant to marijuana taxation exceeds demand for youth prevention and treatment services in the state, the departments shall provide a plan to the Department of Finance to provide treatment services to adults as well as youth using these funds.(O)The departments shall solicit input from volunteer health organizations, physicians who treat addiction, treatment researchers, family therapy and counseling providers, and professional education associations with relevant expertise as to the administration of any grants made pursuant to this paragraph.(2)Twenty percent shall be deposited in the Environmental Restoration and Protection Account, and disbursed by the Controller as follows:(A)To the Department of Fish and Wildlife and the Department of Parks and Recreation for the cleanup, remediation, and restoration of environmental damage in watersheds affected by marijuana cultivation and related activities including, but not limited to, damage that occurred prior to enactment of this part, and to support local partnerships for this purpose. The Department of Fish and Wildlife and the Department of Parks and Recreation may distribute a portion of the funds they receive from the Environmental Restoration and Protection Account through grants for purposes specified in this paragraph.(B)To the Department of Fish and Wildlife and the Department of Parks and Recreation for the stewardship and operation of state-owned wildlife habitat areas and state park units in a manner that discourages and prevents the illegal cultivation, production, sale, and use of marijuana and marijuana products on public lands, and to facilitate the investigation, enforcement, and prosecution of illegal cultivation, production, sale, and use of marijuana or marijuana products on public lands.(C)To the Department of Fish and Wildlife to assist in funding the watershed enforcement program and multiagency taskforce established pursuant to subdivisions (b) and (c) of Section 12029 of the Fish and Game Code to facilitate the investigation, enforcement, and prosecution of these offenses and to ensure the reduction of adverse impacts of marijuana cultivation, production, sale, and use on fish and wildlife habitats throughout the state.(D)For purposes of this paragraph, the Secretary of the Natural Resources Agency shall determine the allocation of revenues between the departments. During the first five years of implementation, first consideration should be given to funding purposes specified in subparagraph (A).(E)Funds allocated pursuant to this paragraph shall be used to increase and enhance activities described in subparagraphs (A), (B), and (C), and not replace allocation of other funding for these purposes. Accordingly, annual General Fund appropriations to the Department of Fish and Wildlife and the Department of Parks and Recreation shall not be reduced below the levels provided in the Budget Act of 2014 (Chapter 25 of the Statutes of 2014).(3)Twenty percent shall be deposited into the State and Local Government Law Enforcement Account and disbursed by the Controller as follows:(A)To the Department of the California Highway Patrol for conducting training programs for detecting, testing, and enforcing laws against driving under the influence of alcohol and other drugs, including driving under the influence of marijuana. The department may hire personnel to conduct the training programs specified in this subparagraph.(B)To the Department of the California Highway Patrol to fund internal California Highway Patrol programs and grants to qualified nonprofit organizations and local governments for education, prevention, and enforcement of laws related to driving under the influence of alcohol and other drugs, including marijuana; programs that help enforce traffic laws, educate the public in traffic safety, provide varied and effective means of reducing fatalities, injuries, and economic losses from collisions; and for the purchase of equipment related to enforcement of laws related to driving under the influence of alcohol and other drugs, including marijuana.(C)To the Board of State and Community Corrections for making grants to local governments to assist with law enforcement, fire protection, or other local programs addressing public health and safety associated with the implementation of the Control, Regulate and Tax Adult Use of Marijuana Act. The board shall not make any grants to local governments which have banned the cultivation, including personal cultivation under paragraph (3) of subdivision (b) of Section 11362.2 of the Health and Safety Code, or retail sale of marijuana or marijuana products pursuant to Section 26200 of the Business and Professions Code or as otherwise provided by law.(D)For purposes of this paragraph, the Department of Finance shall determine the allocation of revenues between the agencies; provided, however, beginning in the 202223 fiscal year the amount allocated pursuant to subparagraph (A) shall not be less than ten million dollars ($10,000,000) annually and the amount allocated pursuant to subparagraph (B) shall not be less than forty million dollars ($40,000,000) annually. In determining the amount to be allocated before the 202223 fiscal year pursuant to this paragraph, the Department of Finance shall give initial priority to subparagraph (A).(g)Funds allocated pursuant to subdivision (f) shall be used to increase the funding of programs and purposes identified and shall not be used to replace allocation of other funding for these purposes.(h)Effective July 1, 2028, the Legislature may amend this section by majority vote to further the purposes of the Control, Regulate and Tax Adult Use of Marijuana Act, including allocating funds to programs other than those specified in subdivisions (d) and (f). Any revisions pursuant to this subdivision shall not result in a reduction of funds to accounts established pursuant to subdivisions (d) and (f) in any subsequent year from the amount allocated to each account in fiscal year 202728. Prior to July 1, 2028, the Legislature may not change the allocations to programs specified in subdivisions (d) and (f).SEC. 2.Section 11362.9 of the Health and Safety Code is amended to read:11362.9.(a)(1)It is the intent of the Legislature that the state commission objective scientific research by the premier research institute of the world, the University of California, regarding the efficacy and safety of administering cannabis cannabis, its naturally occurring constituents, and synthetic compounds that have effects similar to naturally occurring cannabinoids, as part of medical treatment. If the Regents of the University of California, by appropriate resolution, accept this responsibility, the University of California shall create a program, to be known as the California Cannabis Research Program. Whenever California Marijuana Research Program appears in any statute, regulation, or contract, or in any other code, it shall be construed to refer to the California Cannabis Research Program.
(2)The program shall develop and conduct studies intended to ascertain the general medical safety and efficacy of cannabis and, if found valuable, shall develop medical guidelines for the appropriate administration and use of cannabis. The studies may include studies to ascertain the effect of cannabis on motor skills. skills and other behavioral and health outcomes.
(b)The program may immediately solicit proposals for research projects to be included in the cannabis studies. Program requirements to be used when evaluating responses to its solicitation for proposals, shall include, but not be limited to, all of the following:
(1)Proposals shall demonstrate the use of key personnel, including clinicians or scientists and support personnel, who are prepared to develop a program of research regarding cannabis general medical efficacy and safety.
(2)Proposals shall contain procedures for outreach to patients with various medical conditions who may be suitable participants in research on cannabis.
(3)Proposals shall contain provisions for a patient registry.
(4)Proposals shall contain provisions for an information system that is designed to record information about possible study participants, investigators, and clinicians, and deposit and analyze data that accrues as part of clinical trials.
(5)Proposals shall contain protocols suitable for research on cannabis, addressing patients diagnosed with acquired immunodeficiency syndrome (AIDS) or human immunodeficiency virus (HIV), cancer, glaucoma, or seizures or muscle spasms associated with a chronic, debilitating condition. The proposal may also include research on other serious illnesses, provided that resources are available and medical information justifies the research.
(6)Proposals shall demonstrate the use of a specimen laboratory capable of housing plasma, urine, and other specimens necessary to study the concentration of cannabinoids in various tissues, as well as housing specimens for studies of toxic effects of cannabis.
(7)Proposals shall demonstrate the use of a laboratory capable of analyzing cannabis, provided to the program under this section, for purity and cannabinoid content and the capacity to detect contaminants.
(c)In order to ensure objectivity in evaluating proposals, the program shall use a peer review process that is modeled on the process used by the National Institutes of Health, and that guards against funding research that is biased in favor of or against particular outcomes. Peer reviewers shall be selected for their expertise in the scientific substance and methods of the proposed research, and their lack of bias or conflict of interest regarding the applicants or the topic of an approach taken in the proposed research. Peer reviewers shall judge research proposals on several criteria, foremost among which shall be both of the following:
(1)The scientific merit of the research plan, including whether the research design and experimental procedures are potentially biased for or against a particular outcome.
(2)Researchers expertise in the scientific substance and methods of the proposed research, and their lack of bias or conflict of interest regarding the topic of, and the approach taken in, the proposed research.
(d)If the program is administered by the Regents of the University of California, any grant research proposals approved by the program shall also require review and approval by the research advisory panel.
(e)It is the intent of the Legislature that the program be established as follows:
(1)The program shall be located at one or more University of California campuses that have a core of faculty experienced in organizing multidisciplinary scientific endeavors and, in particular, strong experience in clinical trials involving psychopharmacologic agents. The campuses at which research under the auspices of the program is to take place shall accommodate the administrative offices, including the director of the program, as well as a data management unit, and facilities for laboratory facilities for detection and analysis of various naturally occurring and synthetic cannabinoids, as well as storage of specimens.
(2)When awarding grants under this section, the program shall utilize principles and parameters of the other well-tested statewide research programs administered by the University of California, modeled after programs administered by the National Institutes of Health, including peer review evaluation of the scientific merit of applications.
(3)The scientific and clinical operations of the program shall occur, partly at University of California campuses, and partly at other postsecondary institutions, that have clinicians or scientists with expertise to conduct the required studies. Criteria for selection of research locations shall include the elements listed in subdivision (b) and, additionally, shall give particular weight to the organizational plan, leadership qualities of the program director, and plans to involve investigators and patient populations from multiple sites.
(4)The funds received by the program shall be allocated to various research studies in accordance with a scientific plan developed by the Scientific Advisory Council. As the first wave of studies is completed, it is anticipated that the program will receive requests for funding of additional studies. These requests shall be reviewed by the Scientific Advisory Council.
(5)The size, scope, and number of studies funded shall be commensurate with the amount of appropriated and available program funding.
(f)All personnel involved in implementing approved proposals shall be authorized as required by Section 11604.
(g)Studies conducted pursuant to this section shall include the greatest amount of new scientific research possible on the medical uses of, and medical hazards associated with, cannabis. The program shall consult with the Research Advisory Panel analogous agencies in other states, and appropriate federal agencies in an attempt to avoid duplicative research and the wasting of research dollars.
(h)The program shall make every effort to recruit qualified patients and qualified physicians from throughout the state.
(i)The cannabis studies shall employ state-of-the-art research methodologies.
(j)The program shall ensure that all cannabis used in the studies is of the appropriate medical quality and shall be obtained from the National Institute on Drug Abuse or any other federal agency designated to supply cannabis for authorized research. If these federal agencies fail to provide a supply of adequate quality and quantity within six months of the effective date of this section, the Attorney General shall provide an adequate supply pursuant to Section 11478.
(k)The program may review, approve, or incorporate studies and research by independent groups presenting scientifically valid protocols for medical research, regardless of whether the areas of study are being researched by the committee.
(l)(1)To enhance understanding of the efficacy and adverse effects of cannabis as a pharmacological agent, the program shall conduct focused controlled clinical trials on the usefulness of cannabis in patients diagnosed with AIDS or HIV, cancer, glaucoma, or seizures or muscle spasms associated with a chronic, debilitating condition. The program may add research on other serious illnesses, provided that resources are available and medical information justifies the research. The studies shall focus on comparisons of both the efficacy and safety of methods of administering the drug to patients, including inhalational, tinctural, and oral, evaluate possible uses of cannabis as a primary or adjunctive treatment, and develop further information on optimal dosage, timing, mode of administration, and variations in the effects of different cannabinoids and varieties of cannabis. cannabis, or synthetic compounds that simulate the effects of naturally occurring cannabinoids. The studies may also focus on examining testing methods for detecting harmful contaminants in cannabis, including, but not limited to, mold, bacteria, and mycotoxins that could cause harm to patients.
(2)The program shall examine the safety of cannabis in patients with various medical disorders, including cannabiss interaction with other drugs, relative safety of inhalation versus oral forms, and the effects on mental function in medically ill persons.
(3)The program shall be limited to providing for objective scientific research to ascertain the efficacy and safety of cannabis as part of medical treatment, and should not be construed as encouraging or sanctioning the social or recreational use of cannabis.
(m)(1)Subject to paragraph (2), the program shall, prior to any approving proposals, seek to obtain research protocol guidelines from the National Institutes of Health and shall, if the National Institutes of Health issues research protocol guidelines, comply with those guidelines.
(2)If, after a reasonable period of time of not less than six months and not more than a year has elapsed from the date the program seeks to obtain guidelines pursuant to paragraph (1), no guidelines have been approved, the program may proceed using the research protocol guidelines it develops.
(n)In order to maximize the scope and size of the cannabis studies, the program may do any of the following:
(1)Solicit, apply for, and accept funds from foundations, private individuals, and all other funding sources that can be used to expand the scope or timeframe of the cannabis studies that are authorized under this section. The program shall not expend more than 5 percent of its General Fund allocation in efforts to obtain money from outside sources.
(2)Include within the scope of the cannabis studies other cannabis research projects that are independently funded and that meet the requirements set forth in subdivisions (a) to (c), inclusive. In no case shall the program accept any funds that are offered with any conditions other than that the funds be used to study the efficacy and safety of cannabis as part of medical treatment. Any donor shall be advised that funds given for purposes of this section will be used to study both the possible benefits and detriments of cannabis and that he or she will have no control over the use of these funds.
(o)The program may cultivate cannabis to be used exclusively for research purposes and may contract with a private entity to provide expertise in cultivating medical cannabis. Any program associated with the California Cannabis Research Program in cannabis cultivation shall be compliant with the federal regulations governing cannabis manufacture.
(o)(p)(1)Within six months of the effective date of this section, By July 1, 2018, the program shall report to the Legislature, the Governor, and the Attorney General on the progress of the cannabis studies.
(2)Thereafter, the program shall issue a report to the Legislature every six months year detailing the progress of the studies. The interim reports required under this paragraph shall include, but not be limited to, data on all of the following:
(A)The names and number of diseases or conditions under study.
(B)The number of patients enrolled in each study by disease.
(C)Any scientifically valid preliminary findings.
(p)(q)If the Regents of the University of California implement this section, the President of the University of California California, on advice of the director of the program, shall appoint a multidisciplinary Scientific Advisory Council, not to exceed 15 members, to provide policy guidance in the creation and implementation of the program. Members shall be chosen on the basis of scientific expertise. Members of the council shall serve on a voluntary basis, with reimbursement for expenses incurred in the course of their participation. The members shall be reimbursed for travel and other necessary expenses incurred in their performance of the duties of the council.
(q)(r)No more than 10 percent of the total funds appropriated may be used for all aspects of the administration of this section.
(s)In addition to the studies conducted pursuant to subdivision (a), it is the intent of the Legislature that the state commission objective scientific research by the University of California under the program to study the implementation and effect of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), including all of the issues specified in subdivision (b) of Section 34019 of the Revenue and Taxation Code.
(r)(t)This section shall be implemented only to the extent that funding for its purposes is appropriated by the Legislature in the annual Budget Act. Legislature.
SEC. 3.Section 34019 of the Revenue and Taxation Code is amended to read:34019.(a)Beginning with the 201718 fiscal year, the Department of Finance shall estimate revenues to be received pursuant to Sections 34011 and 34012 and provide those estimates to the Controller no later than June 15 of each year. The Controller shall use these estimates when disbursing funds pursuant to this section. Before any funds are disbursed pursuant to subdivisions (b), (c), (d), and (e) of this section, the Controller shall disburse from the Tax Fund to the appropriate account, without regard to fiscal year, the following:
(1)Reasonable costs incurred by the board for administering and collecting the taxes imposed by this part; provided, however, such costs shall not exceed 4 percent of tax revenues received.
(2)Reasonable costs incurred by the bureau, the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health for implementing, administering, and enforcing Division 10 (commencing with Section 26000) of the Business and Professions Code to the extent those costs are not reimbursed pursuant to Section 26180 of the Business and Professions Code. This paragraph shall remain operative through the 202223 fiscal year.
(3)Reasonable costs incurred by the Department of Fish and Wildlife, the State Water Resources Control Board, and the Department of Pesticide Regulation for carrying out their respective duties under Division 10 (commencing with Section 26000) of the Business and Professions Code to the extent those costs are not otherwise reimbursed.
(4)Reasonable costs incurred by the Controller for performing duties imposed by the Control, Regulate and Tax Adult Use of Marijuana Act, including the audit required by Section 34020.
(5)Reasonable costs incurred by the Department of Finance for conducting the performance audit pursuant to Section 26191 of the Business and Professions Code.
(6)Reasonable costs incurred by the Legislative Analysts Office for performing duties imposed by Section 34017.
(7)Sufficient funds to reimburse the Division of Labor Standards Enforcement and the Division of Occupational Safety and Health within the Department of Industrial Relations and the Employment Development Department for the costs of applying and enforcing state labor laws to licensees under Division 10 (commencing with Section 26000) of the Business and Professions Code.
(b)The Controller shall next disburse the sum of ten million dollars ($10,000,000) to a public university or universities in California annually beginning with the 201819 fiscal year until the 202829 fiscal year to research and evaluate the implementation and effect of the Control, Regulate and Tax Adult Use of Marijuana Act, and shall, if appropriate, make recommendations to the Legislature and Governor regarding possible amendments to the Control, Regulate and Tax Adult Use of Marijuana Act. The recipients of these funds shall publish reports on their findings at a minimum of every two years and shall make the reports available to the public. The bureau shall select the universities to be funded. funded and shall consider selecting, among other public universities, the University of California and the California Cannabis Research Program authorized pursuant to Section 11362.9 of the Health and Safety Code as a recipient of those funds. The research funded pursuant to this subdivision shall include but not necessarily be limited to:
(1)Impacts on public health, including health costs associated with cannabis use, as well as whether cannabis use is associated with an increase or decrease in use of alcohol or other drugs.
(2)The impact of treatment for maladaptive cannabis use and the effectiveness of different treatment programs.
(3)Public safety issues related to cannabis use, including studying the effectiveness of the packaging and labeling requirements and advertising and marketing restrictions contained in the act at preventing underage access to and use of cannabis and cannabis products, and studying the health-related effects among users of varying potency levels of cannabis and cannabis products.
(4) Cannabis use rates, maladaptive use rates for adults and youth, and diagnosis rates of cannabis-related substance use disorders.
(5) Cannabis market prices, illicit market prices, tax structures and rates, including an evaluation of how to best tax cannabis based on potency, and the structure and function of licensed cannabis businesses.
(6)Whether additional protections are needed to prevent unlawful monopolies or anti-competitive behavior from occurring in the adult-use cannabis industry and, if so, recommendations as to the most effective measures for preventing such behavior.
(7)The economic impacts in the private and public sectors, including, but not necessarily limited to, job creation, workplace safety, revenues, taxes generated for state and local budgets, and criminal justice impacts, including, but not necessarily limited to, impacts on law enforcement and public resources, short and long term short- and long-term consequences of involvement in the criminal justice system, and state and local government agency administrative costs and revenue.
(8)Whether the regulatory agencies tasked with implementing and enforcing the Control, Regulate and Tax Adult Use of Marijuana Act are doing so consistent with the purposes of the act, and whether different agencies might do so more effectively.
(9)Environmental issues related to cannabis production and the criminal prohibition of cannabis production.
(10)The geographic location, structure, and function of licensed cannabis businesses, and demographic data, including race, ethnicity, and gender, of license holders.
(11)The outcomes achieved by the changes in criminal penalties made under the Control, Regulate and Tax Adult Use of Marijuana Act for cannabis-related offenses, and the outcomes of the juvenile justice system, in particular, probation-based treatments and the frequency of up-charging illegal possession of cannabis or cannabis products to a more serious offense.
(c)The Controller shall next disburse the sum of three million dollars ($3,000,000) annually to the Department of the California Highway Patrol beginning with the 201819 fiscal year until the 202223 fiscal year to establish and adopt protocols to determine whether a driver is operating a vehicle while impaired, including impairment by the use of cannabis or cannabis products, and to establish and adopt protocols setting forth best practices to assist law enforcement agencies. The department may hire personnel to establish the protocols specified in this subdivision. In addition, the department may make grants to public and private research institutions for the purpose of developing technology for determining when a driver is operating a vehicle while impaired, including impairment by the use of cannabis or cannabis products.
(d)The Controller shall next disburse the sum of ten million dollars ($10,000,000) beginning with the 201819 fiscal year and increasing ten million dollars ($10,000,000) each fiscal year thereafter until the 202223 fiscal year, at which time the disbursement shall be fifty million dollars ($50,000,000) each year thereafter, to the Governors Office of Business and Economic Development, in consultation with the Labor and Workforce Development Agency and the State Department of Social Services, to administer a community reinvestments grants program to local health departments and at least 50 percent to qualified community-based nonprofit organizations to support job placement, mental health treatment, substance use disorder treatment, system navigation services, legal services to address barriers to reentry, and linkages to medical care for communities disproportionately affected by past federal and state drug policies. The office shall solicit input from community-based job skills, job placement, and legal service providers with relevant expertise as to the administration of the grants program. In addition, the office shall periodically evaluate the programs it is funding to determine the effectiveness of the programs, shall not spend more than 4 percent for administrative costs related to implementation, evaluation, and oversight of the programs, and shall award grants annually, beginning no later than January 1, 2020.
(e)The Controller shall next disburse the sum of two million dollars ($2,000,000) annually to the University of California San Diego Center for Medicinal Cannabis Research to further the objectives of the center, including the enhanced understanding of the efficacy and adverse effects of cannabis as a pharmacological agent.
(f)By July 15 of each fiscal year beginning in the 201819 fiscal year, the Controller shall, after disbursing funds pursuant to subdivisions (a), (b), (c), (d), and (e), disburse funds deposited in the Tax Fund during the prior fiscal year into sub-trust subtrust accounts, which are hereby created, as follows:
(1)Sixty percent shall be deposited in the Youth Education, Prevention, Early Intervention and Treatment Account, and disbursed by the Controller to the State Department of Health Care Services for programs for youth that are designed to educate about and to prevent substance use disorders and to prevent harm from substance use. The State Department of Health Care Services shall enter into interagency agreements with the State Department of Public Health and the State Department of Education to implement and administer these programs. The programs shall emphasize accurate education, effective prevention, early intervention, school retention, and timely treatment services for youth, their families and caregivers. The programs may include, but are not limited to, the following components:
(A)Prevention and early intervention services including outreach, risk survey survey, and education to youth, families, caregivers, schools, primary care health providers, behavioral health and substance use disorder service providers, community and faith-based organizations, fostercare foster care providers, juvenile and family courts, and others to recognize and reduce risks related to substance use, and the early signs of problematic use and of substance use disorders.
(B)Grants to schools to develop and support student assistance programs, or other similar programs, designed to prevent and reduce substance use, and improve school retention and performance, by supporting students who are at risk of dropping out of school and promoting alternatives to suspension or expulsion that focus on school retention, remediation, and professional care. Schools with higher than average dropout rates should be prioritized for grants.
(C)Grants to programs for outreach, education, and treatment for homeless youth and out-of-school youth with substance use disorders.
(D)Access and linkage to care provided by county behavioral health programs for youth, and their families and caregivers, who have a substance use disorder or who are at risk for developing a substance use disorder.
(E)Youth-focused substance use disorder treatment programs that are culturally and gender competent, trauma-informed, evidence-based and provide a continuum of care that includes screening and assessment (substance use disorder as well as mental health), early intervention, active treatment, family involvement, case management, overdose prevention, prevention of communicable diseases related to substance use, relapse management for substance use and other cooccurring behavioral health disorders, vocational services, literacy services, parenting classes, family therapy and counseling services, medication-assisted treatments, psychiatric medication medication, and psychotherapy. When indicated, referrals must be made to other providers.
(F)To the extent permitted by law and where indicated, interventions shall utilize a two-generation approach to addressing substance use disorders with the capacity to treat youth and adults together. This would include supporting the development of family-based interventions that address substance use disorders and related problems within the context of families, including parents, foster parents, caregivers caregivers, and all their children.
(G)Programs to assist individuals, as well as families and friends of drug using young people, to reduce the stigma associated with substance use use, including being diagnosed with a substance use disorder or seeking substance use disorder services. This includes peer-run outreach and education to reduce stigma, anti-stigma campaigns, and community recovery networks.
(H)Workforce training and wage structures that increase the hiring pool of behavioral health staff with substance use disorder prevention and treatment expertise. Provide ongoing education and coaching that increases substance use treatment providers core competencies and trains providers on promising and evidenced-based practices.
(I)Construction of community-based youth treatment facilities.
(J)The departments may contract with each county behavioral health program for the provision of services.
(K)Funds shall be allocated to counties based on demonstrated need, including the number of youth in the county, the prevalence of substance use disorders among adults, and confirmed through statistical data, validated assessments, or submitted reports prepared by the applicable county to demonstrate and validate need.
(L)The departments shall periodically evaluate the programs they are funding to determine the effectiveness of the programs.
(M)The departments may use up to 4 percent of the moneys allocated to the Youth Education, Prevention, Early Intervention and Treatment Account for administrative costs related to implementation, evaluation, and oversight of the programs.
(N)If the Department of Finance ever determines that funding pursuant to cannabis taxation exceeds demand for youth prevention and treatment services in the state, the departments shall provide a plan to the Department of Finance to provide treatment services to adults as well as youth using these funds.
(O)The departments shall solicit input from volunteer health organizations, physicians who treat addiction, treatment researchers, family therapy and counseling providers, and professional education associations with relevant expertise as to the administration of any grants made pursuant to this paragraph.
(2)Twenty percent shall be deposited in the Environmental Restoration and Protection Account, and disbursed by the Controller as follows:
(A)To the Department of Fish and Wildlife and the Department of Parks and Recreation for the cleanup, remediation, and restoration of environmental damage in watersheds affected by cannabis cultivation and related activities including, but not limited to, damage that occurred prior to enactment of this part, and to support local partnerships for this purpose. The Department of Fish and Wildlife and the Department of Parks and Recreation may distribute a portion of the funds they receive from the Environmental Restoration and Protection Account through grants for purposes specified in this paragraph.
(B)To the Department of Fish and Wildlife and the Department of Parks and Recreation for the stewardship and operation of state-owned wildlife habitat areas and state park units in a manner that discourages and prevents the illegal cultivation, production, sale, and use of cannabis and cannabis products on public lands, and to facilitate the investigation, enforcement, and prosecution of illegal cultivation, production, sale, and use of cannabis or cannabis products on public lands.
(C)To the Department of Fish and Wildlife to assist in funding the watershed enforcement program and multiagency taskforce established pursuant to subdivisions (b) and (c) of Section 12029 of the Fish and Game Code to facilitate the investigation, enforcement, and prosecution of these offenses and to ensure the reduction of adverse impacts of cannabis cultivation, production, sale, and use on fish and wildlife habitats throughout the state.
(D)For purposes of this paragraph, the Secretary of the Natural Resources Agency shall determine the allocation of revenues between the departments. During the first five years of implementation, first consideration should be given to funding purposes specified in subparagraph (A).
(E)Funds allocated pursuant to this paragraph shall be used to increase and enhance activities described in subparagraphs (A), (B), and (C), and not replace allocation of other funding for these purposes. Accordingly, annual General Fund appropriations to the Department of Fish and Wildlife and the Department of Parks and Recreation shall not be reduced below the levels provided in the Budget Act of 2014 (Chapter 25 of the Statutes of 2014).
(3)Twenty percent shall be deposited into the State and Local Government Law Enforcement Account and disbursed by the Controller as follows:
(A)To the Department of the California Highway Patrol for conducting training programs for detecting, testing testing, and enforcing laws against driving under the influence of alcohol and other drugs, including driving under the influence of cannabis. The department may hire personnel to conduct the training programs specified in this subparagraph.
(B)To the Department of the California Highway Patrol to fund internal California Highway Patrol programs and grants to qualified nonprofit organizations and local governments for education, prevention, and enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis; programs that help enforce traffic laws, educate the public in traffic safety, provide varied and effective means of reducing fatalities, injuries, and economic losses from collisions; and for the purchase of equipment related to enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis.
(C)To the Board of State and Community Corrections for making grants to local governments to assist with law enforcement, fire protection, or other local programs addressing public health and safety associated with the implementation of the Control, Regulate and Tax Adult Use of Marijuana Act. The board shall not make any grants to local governments which have banned the cultivation, including personal cultivation under paragraph (3) of subdivision (b) of Section 11362.2 of the Health and Safety Code, or retail sale of cannabis or cannabis products pursuant to Section 26200 of the Business and Professions Code or as otherwise provided by law.
(D)For purposes of this paragraph, the Department of Finance shall determine the allocation of revenues between the agencies; provided, however, beginning in the 202223 fiscal year the amount allocated pursuant to subparagraph (A) shall not be less than ten million dollars ($10,000,000) annually and the amount allocated pursuant to subparagraph (B) shall not be less than forty million dollars ($40,000,000) annually. In determining the amount to be allocated before the 202223 fiscal year pursuant to this paragraph, the Department of Finance shall give initial priority to subparagraph (A).
(g)Funds allocated pursuant to subdivision (f) shall be used to increase the funding of programs and purposes identified and shall not be used to replace allocation of other funding for these purposes.
(h)Effective July 1, 2028, the Legislature may amend this section by majority vote to further the purposes of the Control, Regulate and Tax Adult Use of Marijuana Act, including allocating funds to programs other than those specified in subdivisions (d) and (f). Any revisions pursuant to this subdivision shall not result in a reduction of funds to accounts established pursuant to subdivisions (d) and (f) in any subsequent year from the amount allocated to each account in the 202728 fiscal year. Prior to July 1, 2028, the Legislature may not change the allocations to programs specified in subdivisions (d) and (f).
SEC. 5.SEC. 4.The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act for the following reason:
This act facilitates the Bureau of Marijuana Controls ability to select a public university capable of researching the implementation and effect of the Control, Regulate and Tax Adult Use of Marijuana Act.
The Medical Board of California shall consult with the Center for Cannabis Research, authorized pursuant to Section 11362.9 of the Health and Safety Code, on developing and adopting medical guidelines for the appropriate administration and use of medical cannabis.
SEC. 2.Section 19354 of the Business and Professions Code is amended to read:19354.The bureau shall contract with the Center for Cannabis Research, authorized pursuant to Section 11362.9 of the Health and Safety Code, to develop a study that identifies the impact that cannabis has on motor skills.
SEC. 3.Section 11362.9 of the Health and Safety Code is amended to read:11362.9.(a)(1)It is the intent of the Legislature that the state commission objective scientific research by the premier research institute of the world, the University of California, regarding the efficacy and safety of administering marijuana, its naturally occurring constituents, and synthetic compounds that have effects similar to naturally occurring cannabinoids, as part of medical treatment. If the Regents of the University of California, by appropriate resolution, accept this responsibility, the University of California shall create a program, to be known as the Center for Cannabis Research.
(2)The program shall develop and conduct studies intended to ascertain the general medical safety and efficacy of marijuana and, if found valuable, shall develop medical guidelines for the appropriate administration and use of marijuana. The studies may include studies to ascertain the effect of marijuana on motor skills and other behavioral and health outcomes.
(b)The program may immediately solicit proposals for research projects to be included in the marijuana studies. Program requirements to be used when evaluating responses to its solicitation for proposals shall include, but not be limited to, all of the following:
(1)Proposals shall demonstrate the use of key personnel, including clinicians or scientists and support personnel, who are prepared to develop a program of research regarding marijuanas general medical efficacy and safety.
(2)Proposals shall contain procedures for outreach to patients with various medical conditions who may be suitable participants in research on marijuana.
(3)Proposals shall contain provisions for a patient registry.
(4)Proposals shall contain provisions for an information system that is designed to record information about possible study participants, investigators, and clinicians, and deposit and analyze data that accrues as part of clinical trials.
(5)Proposals shall contain protocols suitable for research on marijuana, addressing patients diagnosed with acquired immunodeficiency syndrome (AIDS) or human immunodeficiency virus (HIV), cancer, glaucoma, or seizures or muscle spasms associated with a chronic, debilitating condition. The proposal may also include research on other serious illnesses, provided that resources are available and medical information justifies the research.
(6)Proposals shall demonstrate the use of a specimen laboratory capable of housing plasma, urine, and other specimens necessary to study the concentration of cannabinoids in various tissues, as well as housing specimens for studies of toxic effects of marijuana.
(7)Proposals shall demonstrate the use of a laboratory capable of analyzing marijuana, provided to the program under this section, for purity and cannabinoid content and the capacity to detect contaminants.
(c)In order to ensure objectivity in evaluating proposals, the program shall use a peer review process that is modeled on the process used by the National Institutes of Health, and that guards against funding research that is biased in favor of or against particular outcomes. Peer reviewers shall be selected for their expertise in the scientific substance and methods of the proposed research, and their lack of bias or conflict of interest regarding the applicants or the topic of an approach taken in the proposed research. Peer reviewers shall judge research proposals on several criteria, foremost among which shall be both of the following:
(1)The scientific merit of the research plan, including whether the research design and experimental procedures are potentially biased for or against a particular outcome.
(2)Researchers expertise in the scientific substance and methods of the proposed research, and their lack of bias or conflict of interest regarding the topic of, and the approach taken in, the proposed research.
(d)If the program is administered by the Regents of the University of California, any grant research proposals approved by the program shall also require review and approval by the research advisory panel.
(e)It is the intent of the Legislature that the program be established as follows:
(1)The program shall be located at one or more University of California campuses that have a core of faculty experienced in organizing multidisciplinary scientific endeavors and, in particular, strong experience in clinical trials involving psychopharmacologic agents. The campuses at which research under the auspices of the program is to take place shall accommodate the administrative offices, including the director of the program, as well as a data management unit, and laboratory facilities for detection and analysis of various naturally occurring and synthetic cannabinoids, as well as storage of specimens.
(2)When awarding grants under this section, the program shall utilize principles and parameters of the other well-tested statewide research programs administered by the University of California, modeled after programs administered by the National Institutes of Health, including peer review evaluation of the scientific merit of applications.
(3)The scientific and clinical operations of the program shall occur, partly at University of California campuses, and partly at other postsecondary institutions, that have clinicians or scientists with expertise to conduct the required studies. Criteria for selection of research locations shall include the elements listed in subdivision (b) and, additionally, shall give particular weight to the organizational plan, leadership qualities of the program director, and plans to involve investigators and patient populations from multiple sites.
(4)The funds received by the program shall be allocated to various research studies in accordance with a scientific plan developed by the Scientific Advisory Council. As the first wave of studies is completed, it is anticipated that the program will receive requests for funding of additional studies. These requests shall be reviewed by the Scientific Advisory Council.
(5)The size, scope, and number of studies funded shall be commensurate with the amount of appropriated and available program funding.
(f)All personnel involved in implementing approved proposals shall be authorized as required by Section 11604.
(g)Studies conducted pursuant to this section shall include the greatest amount of new scientific research possible on the medical uses of, and medical hazards associated with, marijuana. The program shall consult with the Research Advisory Panel analogous agencies in other states, and appropriate federal agencies in an attempt to avoid duplicative research and the wasting of research dollars.
(h)The program shall make every effort to recruit qualified patients and qualified physicians from throughout the state.
(i)The marijuana studies shall employ state-of-the-art research methodologies.
(j)The program shall ensure that all marijuana used in the studies is of the appropriate medical quality and shall be obtained from the National Institute on Drug Abuse or any other federal agency designated to supply marijuana for authorized research. If these federal agencies fail to provide a supply of adequate quality and quantity within six months of the effective date of this section, the Attorney General shall provide an adequate supply pursuant to Section 11478.
(k)The program may review, approve, or incorporate studies and research by independent groups presenting scientifically valid protocols for medical research, regardless of whether the areas of study are being researched by the committee.
(l)(1)To enhance understanding of the efficacy and adverse effects of marijuana as a pharmacological agent, the program shall conduct focused controlled clinical trials on the usefulness of marijuana in patients diagnosed with AIDS or HIV, cancer, glaucoma, or seizures or muscle spasms associated with a chronic, debilitating condition. The program may add research on other serious illnesses, provided that resources are available and medical information justifies the research. The studies shall focus on comparisons of both the efficacy and safety of methods of administering the drug to patients, including inhalational, tinctural, and oral, evaluate possible uses of marijuana as a primary or adjunctive treatment, and develop further information on optimal dosage, timing, mode of administration, and variations in the effects of different cannabinoids and varieties of marijuana, or synthetic compounds that simulate the effects of naturally occurring cannabinoids. The studies may also focus on examining testing methods for detecting harmful contaminants in marijuana, including, but not limited to, mold, bacteria, and mycotoxins that could cause harm to patients.
(2)The program shall examine the safety of marijuana in patients with various medical disorders, including marijuanas interaction with other drugs, relative safety of inhalation versus oral forms, and the effects on mental function in medically ill persons.
(3)The program shall be limited to providing for objective scientific research to ascertain the efficacy and safety of marijuana as part of medical treatment, and should not be construed as encouraging or sanctioning the social or recreational use of marijuana.
(m)(1)Subject to paragraph (2), the program shall, prior to any approving proposals, seek to obtain research protocol guidelines from the National Institutes of Health and shall, if the National Institutes of Health issues research protocol guidelines, comply with those guidelines.
(2)If, after a reasonable period of time of not less than six months and not more than a year has elapsed from the date the program seeks to obtain guidelines pursuant to paragraph (1), no guidelines have been approved, the program may proceed using the research protocol guidelines it develops.
(n)In order to maximize the scope and size of the marijuana studies, the program may do any of the following:
(1)Solicit, apply for, and accept funds from foundations, private individuals, and all other funding sources that can be used to expand the scope or timeframe of the marijuana studies that are authorized under this section. The program shall not expend more than 5 percent of its General Fund allocation in efforts to obtain money from outside sources.
(2)Include within the scope of the marijuana studies other marijuana research projects that are independently funded and that meet the requirements set forth in subdivisions (a) to (c), inclusive. In no case shall the program accept any funds that are offered with any conditions other than that the funds be used to study the efficacy and safety of marijuana as part of medical treatment. Any donor shall be advised that funds given for purposes of this section will be used to study both the possible benefits and detriments of marijuana and that he or she will have no control over the use of these funds.
(o)The program may cultivate cannabis to be used exclusively for research purposes and may contract with a private entity to provide expertise in cultivating medical cannabis. Any program associated with the Center for Cannabis Research in cannabis cultivation shall be compliant with federal regulations governing cannabis manufacture.
(p)(1)By July 1, 2017, 2018, the program shall report to the Legislature, the Governor, and the Attorney General on the progress of the marijuana studies.
(2)Thereafter, the program shall issue a report to the Legislature every year detailing the progress of the studies. The interim reports required under this paragraph shall include, but not be limited to, data on all of the following:
(A)The names and number of diseases or conditions under study.
(B)The number of patients enrolled in each study by disease.
(C)Any scientifically valid preliminary findings.
(q)If the Regents of the University of California implement this section, the President of the University of California, on advice of the director of the program, shall appoint a multidisciplinary Scientific Advisory Council, not to exceed 15 members, to provide policy guidance in the creation and implementation of the program. Members shall be chosen on the basis of scientific expertise. Members of the council shall serve on a voluntary basis, with reimbursement for expenses incurred in the course of their participation. The members shall be reimbursed for travel and other necessary expenses incurred in their performance of the duties of the council.
(r)No more than 10 percent of the total funds appropriated may be used for all aspects of the administration of this section.
(s)In addition to the studies conducted pursuant to subdivision (a), it is the intent of the Legislature that the state commission objective scientific research by the University of California under the program to study the implementation and effect of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), including all of the issues specified in subdivision (b) of Section 34019 of the Revenue and Taxation Code.
(t)This section shall be implemented only to the extent that funding for its purposes is appropriated by the Legislature.
SEC. 4.Section 34019 of the Revenue and Taxation Code is amended to read:34019.(a)Beginning with the 201718 fiscal year 20172018 year, the Department of Finance shall estimate revenues to be received pursuant to Sections 34011 and 34012 and provide those estimates to the Controller no later than June 15 of each year. The Controller shall use these estimates when disbursing funds pursuant to this section. Before any funds are disbursed pursuant to subdivisions (b), (c), (d), and (e) of this section, the Controller shall disburse from the Tax Fund to the appropriate account, without regard to fiscal year, the following:
(1)Reasonable costs incurred by the board for administering and collecting the taxes imposed by this part; provided, however, such costs shall not exceed 4 percent of tax revenues received.
(2)Reasonable costs incurred by the bureau, the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health for implementing, administering, and enforcing Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code and Division 10 (commencing with Section 26000) of the Business and Professions Code to the extent those costs are not reimbursed pursuant to Section 26180 of the Business and Professions Code or pursuant to Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code. This paragraph shall remain operative through the 202223 fiscal year.
(3)Reasonable costs incurred by the Department of Fish and Wildlife, the State Water Resources Control Board, and the Department of Pesticide Regulation for carrying out their respective duties under Chapter 3.5 (commencing with Section 19300) of Division 8 or Division 10 (commencing with Section 26000) of the Business and Professions Code to the extent those costs are not otherwise reimbursed.
(4)Reasonable costs incurred by the Controller for performing duties imposed by the Control, Regulate and Tax Adult Use of Marijuana Act, including the audit required by Section 34020.
(5)Reasonable costs incurred by the State Auditor for conducting the performance audit pursuant to Section 26191 of the Business and Professions Code.
(6)Reasonable costs incurred by the Legislative Analysts Office for performing duties imposed by Section 34017.
(7)Sufficient funds to reimburse the Division of Labor Standards Enforcement and the Division of Occupational Safety and Health within the Department of Industrial Relations and the Employment Development Department for the costs of applying and enforcing state labor laws to licensees under Chapter 3.5 (commencing with Section 19300) of Division 8 and Division 10 (commencing with Section 26000) of the Business and Professions Code.
(b)The Controller shall next disburse the sum of ten million dollars ($10,000,000) to a public university or universities in California annually beginning with the 201819 fiscal year until the 202829 fiscal year to research and evaluate the implementation and effect of the Control, Regulate and Tax Adult Use of Marijuana Act, and shall, if appropriate, make recommendations to the Legislature and Governor regarding possible amendments to the Control, Regulate and Tax Adult Use of Marijuana Act. The recipients of these funds shall publish reports on their findings at a minimum of every two years and shall make the reports available to the public. The bureau shall select the universities to be funded and shall consider selecting, among other public universities, the University of California and the Center for Cannabis Research authorized pursuant to Section 11362.9 of the Health and Safety Code as a recipient for those funds. The research funded pursuant to this subdivision shall include but not necessarily be limited to:
(1)Impacts on public health, including health costs associated with marijuana use, as well as whether marijuana use is associated with an increase or decrease in use of alcohol or other drugs.
(2)The impact of treatment for maladaptive marijuana use and the effectiveness of different treatment programs.
(3)Public safety issues related to marijuana use, including studying the effectiveness of the packaging and labeling requirements and advertising and marketing restrictions contained in the act at preventing underage access to and use of marijuana and marijuana products, and studying the health-related effects among users of varying potency levels of marijuana and marijuana products.
(4)Marijuana use rates, maladaptive use rates for adults and youth, and diagnosis rates of marijuana-related substance use disorders.
(5)Marijuana market prices, illicit market prices, tax structures and rates, including an evaluation of how to best tax marijuana based on potency, and the structure and function of licensed marijuana businesses.
(6)Whether additional protections are needed to prevent unlawful monopolies or anti-competitive behavior from occurring in the nonmedical marijuana industry and, if so, recommendations as to the most effective measures for preventing such behavior.
(7)The economic impacts in the private and public sectors, including, but not necessarily limited to, job creation, workplace safety, revenues, taxes generated for state and local budgets, and criminal justice impacts, including, but not necessarily limited to, impacts on law enforcement and public resources, short and long term short- and long-term consequences of involvement in the criminal justice system, and state and local government agency administrative costs and revenue.
(8)Whether the regulatory agencies tasked with implementing and enforcing the Control, Regulate and Tax Adult Use of Marijuana Act are doing so consistent with the purposes of the act, and whether different agencies might do so more effectively.
(9)Environmental issues related to marijuana production and the criminal prohibition of marijuana production.
(10)The geographic location, structure, and function of licensed marijuana businesses, and demographic data, including race, ethnicity, and gender, of license holders.
(11)The outcomes achieved by the changes in criminal penalties made under the Control, Regulate and Tax Adult Use of Marijuana Act for marijuana-related offenses, and the outcomes of the juvenile justice system, in particular, probation-based treatments and the frequency of up-charging illegal possession of marijuana or marijuana products to a more serious offense.
(c)The Controller shall next disburse the sum of three million dollars ($3,000,000) annually to the Department of the California Highway Patrol beginning with the 201819 fiscal year until the 202223 fiscal year to establish and adopt protocols to determine whether a driver is operating a vehicle while impaired, including impairment by the use of marijuana or marijuana products, and to establish and adopt protocols setting forth best practices to assist law enforcement agencies. The department may hire personnel to establish the protocols specified in this subdivision. In addition, the department may make grants to public and private research institutions for the purpose of developing technology for determining when a driver is operating a vehicle while impaired, including impairment by the use of marijuana or marijuana products.
(d)The Controller shall next disburse the sum of ten million dollars ($10,000,000) beginning with the 201819 fiscal year and increasing ten million dollars ($10,000,000) each fiscal year thereafter until the 202223 fiscal year, at which time the disbursement shall be fifty million dollars ($50,000,000) each year thereafter, to the Governors Office of Business and Economic Development, in consultation with the Labor and Workforce Development Agency and the State Department of Social Services, to administer a community reinvestments grants program to local health departments and at least 50 percent to qualified community-based nonprofit organizations to support job placement, mental health treatment, substance use disorder treatment, system navigation services, legal services to address barriers to reentry, and linkages to medical care for communities disproportionately affected by past federal and state drug policies. The office shall solicit input from community-based job skills, job placement, and legal service providers with relevant expertise as to the administration of the grants program. In addition, the office shall periodically evaluate the programs it is funding to determine the effectiveness of the programs, shall not spend more than 4 percent for administrative costs related to implementation, evaluation evaluation, and oversight of the programs, and shall award grants annually, beginning no later than January 1, 2020.
(e)The Controller shall next disburse the sum of two million dollars ($2,000,000) annually to the University of California San Diego Center for Medicinal Cannabis Research to further the objectives of the center including the enhanced understanding of the efficacy and adverse effects of marijuana as a pharmacological agent.
(f)By July 15 of each fiscal year beginning in the 201819 fiscal year the Controller shall, after disbursing funds pursuant to subdivisions (a), (b), (c), (d), and (e), disburse funds deposited in the Tax Fund during the prior fiscal year into sub-trust subtrust accounts, which are hereby created, as follows:
(1)Sixty percent shall be deposited in the Youth Education, Prevention, Early Intervention and Treatment Account, and disbursed by the Controller to the State Department of Health Care Services for programs for youth that are designed to educate about and to prevent substance use disorders and to prevent harm from substance use. The State Department of Health Care Services shall enter into interagency agreements with the State Department of Public Health and the State Department of Education to implement and administer these programs. The programs shall emphasize accurate education, effective prevention, early intervention, school retention, and timely treatment services for youth, their families and caregivers. The programs may include, but are not limited to, the following components:
(A)Prevention and early intervention services including outreach, risk survey survey, and education to youth, families, caregivers, schools, primary care health providers, behavioral health and substance use disorder service providers, community and faith-based organizations, fostercare foster care providers, juvenile and family courts, and others to recognize and reduce risks related to substance use, and the early signs of problematic use and of substance use disorders.
(B)Grants to schools to develop and support student assistance programs, or other similar programs, designed to prevent and reduce substance use, and improve school retention and performance, by supporting students who are at risk of dropping out of school and promoting alternatives to suspension or expulsion that focus on school retention, remediation, and professional care. Schools with higher than average dropout rates should be prioritized for grants.
(C)Grants to programs for outreach, education education, and treatment for homeless youth and out-of-school youth with substance use disorders.
(D)Access and linkage to care provided by county behavioral health programs for youth, and their families and caregivers, who have a substance use disorder or who are at risk for developing a substance use disorder.
(E)Youth-focused substance use disorder treatment programs that are culturally and gender competent, trauma-informed, evidence-based and provide a continuum of care that includes screening and assessment (substance use disorder as well as mental health), early intervention, active treatment, family involvement, case management, overdose prevention, prevention of communicable diseases related to substance use, relapse management for substance use and other co-occurring behavioral health disorders, vocational services, literacy services, parenting classes, family therapy and counseling services, medication-assisted treatments, psychiatric medication medication, and psychotherapy. When indicated, referrals must be made to other providers.
(F)To the extent permitted by law and where indicated, interventions shall utilize a two-generation approach to addressing substance use disorders with the capacity to treat youth and adults together. This would include supporting the development of family-based interventions that address substance use disorders and related problems within the context of families, including parents, foster parents, caregivers caregivers, and all their children.
(G)Programs to assist individuals, as well as families and friends of drug using young people, to reduce the stigma associated with substance use use, including being diagnosed with a substance use disorder or seeking substance use disorder services. This includes peer-run outreach and education to reduce stigma, anti-stigma campaigns, and community recovery networks.
(H)Workforce training and wage structures that increase the hiring pool of behavioral health staff with substance use disorder prevention and treatment expertise. Provide ongoing education and coaching that increases substance use treatment providers core competencies and trains providers on promising and evidenced-based practices.
(I)Construction of community-based youth treatment facilities.
(J)The departments may contract with each county behavioral health program for the provision of services.
(K)Funds shall be allocated to counties based on demonstrated need, including the number of youth in the county, the prevalence of substance use disorders among adults, and confirmed through statistical data, validated assessments assessments, or submitted reports prepared by the applicable county to demonstrate and validate need.
(L)The departments shall periodically evaluate the programs they are funding to determine the effectiveness of the programs.
(M)The departments may use up to 4 percent of the moneys allocated to the Youth Education, Prevention, Early Intervention and Treatment Account for administrative costs related to implementation, evaluation evaluation, and oversight of the programs.
(N)If the Department of Finance ever determines that funding pursuant to marijuana taxation exceeds demand for youth prevention and treatment services in the state, the departments shall provide a plan to the Department of Finance to provide treatment services to adults as well as youth using these funds.
(O)The departments shall solicit input from volunteer health organizations, physicians who treat addiction, treatment researchers, family therapy and counseling providers, and professional education associations with relevant expertise as to the administration of any grants made pursuant to this paragraph.
(2)Twenty percent shall be deposited in the Environmental Restoration and Protection Account, and disbursed by the Controller as follows:
(A)To the Department of Fish and Wildlife and the Department of Parks and Recreation for the cleanup, remediation, and restoration of environmental damage in watersheds affected by marijuana cultivation and related activities including, but not limited to, damage that occurred prior to enactment of this part, and to support local partnerships for this purpose. The Department of Fish and Wildlife and the Department of Parks and Recreation may distribute a portion of the funds they receive from the Environmental Restoration and Protection Account through grants for purposes specified in this paragraph.
(B)To the Department of Fish and Wildlife and the Department of Parks and Recreation for the stewardship and operation of state-owned wildlife habitat areas and state park units in a manner that discourages and prevents the illegal cultivation, production, sale sale, and use of marijuana and marijuana products on public lands, and to facilitate the investigation, enforcement enforcement, and prosecution of illegal cultivation, production, sale, and use of marijuana or marijuana products on public lands.
(C)To the Department of Fish and Wildlife to assist in funding the watershed enforcement program and multiagency taskforce established pursuant to subdivisions (b) and (c) of Section 12029 of the Fish and Game Code to facilitate the investigation, enforcement, and prosecution of these offenses and to ensure the reduction of adverse impacts of marijuana cultivation, production, sale, and use on fish and wildlife habitats throughout the state.
(D)For purposes of this paragraph, the Secretary of the Natural Resources Agency shall determine the allocation of revenues between the departments. During the first five years of implementation, first consideration should be given to funding purposes specified in subparagraph (A).
(E)Funds allocated pursuant to this paragraph shall be used to increase and enhance activities described in subparagraphs (A), (B), and (C), and not replace allocation of other funding for these purposes. Accordingly, annual General Fund appropriations to the Department of Fish and Wildlife and the Department of Parks and Recreation shall not be reduced below the levels provided in the Budget Act of 2014 (Chapter 25 of the Statutes of 2014).
(3)Twenty percent shall be deposited into the State and Local Government Law Enforcement Account and disbursed by the Controller as follows:
(A)To the Department of the California Highway Patrol for conducting training programs for detecting, testing testing, and enforcing laws against driving under the influence of alcohol and other drugs, including driving under the influence of marijuana. The department may hire personnel to conduct the training programs specified in this subparagraph.
(B)To the Department of the California Highway Patrol to fund internal California Highway Patrol programs and grants to qualified nonprofit organizations and local governments for education, prevention prevention, and enforcement of laws related to driving under the influence of alcohol and other drugs, including marijuana; programs that help enforce traffic laws, educate the public in traffic safety, provide varied and effective means of reducing fatalities, injuries injuries, and economic losses from collisions; and for the purchase of equipment related to enforcement of laws related to driving under the influence of alcohol and other drugs, including marijuana.
(C)To the Board of State and Community Corrections for making grants to local governments to assist with law enforcement, fire protection, or other local programs addressing public health and safety associated with the implementation of the Control, Regulate and Tax Adult Use of Marijuana Act. The board shall not make any grants to local governments which have banned the cultivation, including personal cultivation under paragraph (3) of subdivision (b) of Section 11362.2 of the Health and Safety Code, or retail sale of marijuana or marijuana products pursuant to Section 26200 of the Business and Professions Code or as otherwise provided by law.
(D)For purposes of this paragraph, the Department of Finance shall determine the allocation of revenues between the agencies; provided, however, beginning in the 202223 fiscal year the amount allocated pursuant to subparagraph (A) shall not be less than ten million dollars ($10,000,000) annually and the amount allocated pursuant to subparagraph (B) shall not be less than forty million dollars ($40,000,000) annually. In determining the amount to be allocated before the 202223 fiscal year pursuant to this paragraph, the Department of Finance shall give initial priority to subparagraph (A).
(g)Funds allocated pursuant to subdivision (f) shall be used to increase the funding of programs and purposes identified and shall not be used to replace allocation of other funding for these purposes.
(h)Effective July 1, 2028, the Legislature may amend this section by majority vote to further the purposes of the Control, Regulate and Tax Adult Use of Marijuana Act, including allocating funds to programs other than those specified in subdivisions (d) and (f). Any revisions pursuant to this subdivision shall not result in a reduction of funds to accounts established pursuant to subdivisions (d) and (f) in any subsequent year from the amount allocated to each account in fiscal year 202728. Prior to July 1, 2028, the Legislature may not change the allocations to programs specified in subdivisions (d) and (f).
SEC. 5.The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act for the following reason:
This act facilitates the Bureau of Marijuana Controls ability to select a public university capable of researching the implementation and effect of the Control, Regulate and Tax Adult Use of Marijuana Act.
The Medical Board of California shall consult with the Center for Cannabis Research, authorized pursuant to Section 11362.9 of the Health and Safety Code, on developing and adopting medical guidelines for the appropriate administration and use of medical cannabis.
SEC. 2.Section 19354 of the Business and Professions Code is amended to read:19354.The bureau shall contract with the Center for Cannabis Research, authorized pursuant to Section 11362.9 of the Health and Safety Code, to develop a study that identifies the impact that cannabis has on motor skills.
SEC. 3.Section 11362.9 of the Health and Safety Code is amended to read:11362.9.(a)(1)It is the intent of the Legislature that the state commission objective scientific research by the premier research institute of the world, the University of California, regarding the efficacy and safety of administering marijuana, its naturally occurring constituents, and synthetic compounds that have effects similar to naturally occurring cannabinoids, as part of medical treatment. If the Regents of the University of California, by appropriate resolution, accept this responsibility, the University of California shall create a program, to be known as the Center for Cannabis Research.
(2)The program shall develop and conduct studies intended to ascertain the general medical safety and efficacy of marijuana and, if found valuable, shall develop medical guidelines for the appropriate administration and use of marijuana. The studies may include studies to ascertain the effect of marijuana on motor skills and other behavioral and health outcomes.
(b)The program may immediately solicit proposals for research projects to be included in the marijuana studies. Program requirements to be used when evaluating responses to its solicitation for proposals, proposals shall include, but not be limited to, all of the following:
(1)Proposals shall demonstrate the use of key personnel, including clinicians or scientists and support personnel, who are prepared to develop a program of research regarding marijuanas general medical efficacy and safety.
(2)Proposals shall contain procedures for outreach to patients with various medical conditions who may be suitable participants in research on marijuana.
(3)Proposals shall contain provisions for a patient registry.
(4)Proposals shall contain provisions for an information system that is designed to record information about possible study participants, investigators, and clinicians, and deposit and analyze data that accrues as part of clinical trials.
(5)Proposals shall contain protocols suitable for research on marijuana, addressing patients diagnosed with acquired immunodeficiency syndrome (AIDS) or human immunodeficiency virus (HIV), cancer, glaucoma, or seizures or muscle spasms associated with a chronic, debilitating condition. The proposal may also include research on other serious illnesses, provided that resources are available and medical information justifies the research.
(6)Proposals shall demonstrate the use of a specimen laboratory capable of housing plasma, urine, and other specimens necessary to study the concentration of cannabinoids in various tissues, as well as housing specimens for studies of toxic effects of marijuana.
(7)Proposals shall demonstrate the use of a laboratory capable of analyzing marijuana, provided to the program under this section, for purity and cannabinoid content and the capacity to detect contaminants.
(c)In order to ensure objectivity in evaluating proposals, the program shall use a peer review process that is modeled on the process used by the National Institutes of Health, and that guards against funding research that is biased in favor of or against particular outcomes. Peer reviewers shall be selected for their expertise in the scientific substance and methods of the proposed research, and their lack of bias or conflict of interest regarding the applicants or the topic of an approach taken in the proposed research. Peer reviewers shall judge research proposals on several criteria, foremost among which shall be both of the following:
(1)The scientific merit of the research plan, including whether the research design and experimental procedures are potentially biased for or against a particular outcome.
(2)Researchers expertise in the scientific substance and methods of the proposed research, and their lack of bias or conflict of interest regarding the topic of, and the approach taken in, the proposed research.
(d)If the program is administered by the Regents of the University of California, any grant research proposals approved by the program shall also require review and approval by the research advisory panel.
(e)It is the intent of the Legislature that the program be established as follows:
(1)The program shall be located at one or more University of California campuses that have a core of faculty experienced in organizing multidisciplinary scientific endeavors and, in particular, strong experience in clinical trials involving psychopharmacologic agents. The campuses at which research under the auspices of the program is to take place shall accommodate the administrative offices, including the director of the program, as well as a data management unit, and laboratory facilities for detection and analysis of various naturally occurring and synthetic cannabinoids, as well as storage of specimens.
(2)When awarding grants under this section, the program shall utilize principles and parameters of the other well-tested statewide research programs administered by the University of California, modeled after programs administered by the National Institutes of Health, including peer review evaluation of the scientific merit of applications.
(3)The scientific and clinical operations of the program shall occur, partly at University of California campuses, and partly at other postsecondary institutions, that have clinicians or scientists with expertise to conduct the required studies. Criteria for selection of research locations shall include the elements listed in subdivision (b) and, additionally, shall give particular weight to the organizational plan, leadership qualities of the program director, and plans to involve investigators and patient populations from multiple sites.
(4)The funds received by the program shall be allocated to various research studies in accordance with a scientific plan developed by the Scientific Advisory Council. As the first wave of studies is completed, it is anticipated that the program will receive requests for funding of additional studies. These requests shall be reviewed by the Scientific Advisory Council.
(5)The size, scope, and number of studies funded shall be commensurate with the amount of appropriated and available program funding.
(f)All personnel involved in implementing approved proposals shall be authorized as required by Section 11604.
(g)Studies conducted pursuant to this section shall include the greatest amount of new scientific research possible on the medical uses of, and medical hazards associated with, marijuana. The program shall consult with the Research Advisory Panel analogous agencies in other states, and appropriate federal agencies in an attempt to avoid duplicative research and the wasting of research dollars.
(h)The program shall make every effort to recruit qualified patients and qualified physicians from throughout the state.
(i)The marijuana studies shall employ state-of-the-art research methodologies.
(j)The program shall ensure that all marijuana used in the studies is of the appropriate medical quality and shall be obtained from the National Institute on Drug Abuse or any other federal agency designated to supply marijuana for authorized research. If these federal agencies fail to provide a supply of adequate quality and quantity within six months of the effective date of this section, the Attorney General shall provide an adequate supply pursuant to Section 11478.
(k)The program may review, approve, or incorporate studies and research by independent groups presenting scientifically valid protocols for medical research, regardless of whether the areas of study are being researched by the committee.
(l)(1)To enhance understanding of the efficacy and adverse effects of marijuana as a pharmacological agent, the program shall conduct focused controlled clinical trials on the usefulness of marijuana in patients diagnosed with AIDS or HIV, cancer, glaucoma, or seizures or muscle spasms associated with a chronic, debilitating condition. The program may add research on other serious illnesses, provided that resources are available and medical information justifies the research. The studies shall focus on comparisons of both the efficacy and safety of methods of administering the drug to patients, including inhalational, tinctural, and oral, evaluate possible uses of marijuana as a primary or adjunctive treatment, and develop further information on optimal dosage, timing, mode of administration, and variations in the effects of different cannabinoids and varieties of marijuana, or synthetic compounds that simulate the effects of naturally occurring cannabinoids. The studies may also focus on examining testing methods for detecting harmful contaminants in marijuana, including, but not limited to, mold, bacteria, and mycotoxins that could cause harm to patients.
(2)The program shall examine the safety of marijuana in patients with various medical disorders, including marijuanas interaction with other drugs, relative safety of inhalation versus oral forms, and the effects on mental function in medically ill persons.
(3)The program shall be limited to providing for objective scientific research to ascertain the efficacy and safety of marijuana as part of medical treatment, and should not be construed as encouraging or sanctioning the social or recreational use of marijuana.
(m)(1)Subject to paragraph (2), the program shall, prior to any approving proposals, seek to obtain research protocol guidelines from the National Institutes of Health and shall, if the National Institutes of Health issues research protocol guidelines, comply with those guidelines.
(2)If, after a reasonable period of time of not less than six months and not more than a year has elapsed from the date the program seeks to obtain guidelines pursuant to paragraph (1), no guidelines have been approved, the program may proceed using the research protocol guidelines it develops.
(n)In order to maximize the scope and size of the marijuana studies, the program may do any of the following:
(1)Solicit, apply for, and accept funds from foundations, private individuals, and all other funding sources that can be used to expand the scope or timeframe of the marijuana studies that are authorized under this section. The program shall not expend more than 5 percent of its General Fund allocation in efforts to obtain money from outside sources.
(2)Include within the scope of the marijuana studies other marijuana research projects that are independently funded and that meet the requirements set forth in subdivisions (a) to (c), inclusive. In no case shall the program accept any funds that are offered with any conditions other than that the funds be used to study the efficacy and safety of marijuana as part of medical treatment. Any donor shall be advised that funds given for purposes of this section will be used to study both the possible benefits and detriments of marijuana and that he or she will have no control over the use of these funds.
(o)The program may cultivate cannabis to be used exclusively for research purposes and may contract with a private entity to provide expertise in cultivating medical cannabis. Any program associated with the Center for Cannabis Research in cannabis cultivation shall be compliant with federal regulations governing cannabis manufacture.
(p)(1)By July 1,2017, 1, 2017, the program shall report to the Legislature, the Governor, and the Attorney General on the progress of the marijuana studies.
(2)Thereafter, the program shall issue a report to the Legislature every year detailing the progress of the studies. The interim reports required under this paragraph shall include, but not be limited to, data on all of the following:
(A)The names and number of diseases or conditions under study.
(B)The number of patients enrolled in each study by disease.
(C)Any scientifically valid preliminary findings.
(q)If the Regents of the University of California implement this section, the President of the University of California, on advice of the director of the program, shall appoint a multidisciplinary Scientific Advisory Council, not to exceed 15 members, to provide policy guidance in the creation and implementation of the program. Members shall be chosen on the basis of scientific expertise. Members of the council shall serve on a voluntary basis, with reimbursement for expenses incurred in the course of their participation. The members shall be reimbursed for travel and other necessary expenses incurred in their performance of the duties of the council.
(r)No more than 10 percent of the total funds appropriated may be used for all aspects of the administration of this section.
(s)In addition to the studies conducted pursuant to subdivision (a), it is the intent of the Legislature that the state commission objective scientific research by the University of California under the program to study the implementation and effect of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), including all of the issues specified in subdivision (b) of Section 34019 of the Revenue and Taxation Code.
(s)(t)This section shall be implemented only to the extent that funding for its purposes is appropriated by the Legislature.
SEC. 4.Section 34019 of the Revenue and Taxation Code is amended to read:34019.(a)Beginning with fiscal year 20172018 the Department of Finance shall estimate revenues to be received pursuant to Sections 34011 and 34012 and provide those estimates to the Controller no later than June 15 of each year. The Controller shall use these estimates when disbursing funds pursuant to this section. Before any funds are disbursed pursuant to subdivisions (b), (c), (d), and (e) of this section, the Controller shall disburse from the Tax Fund to the appropriate account, without regard to fiscal year, the following:
(1)Reasonable costs incurred by the board for administering and collecting the taxes imposed by this part; provided, however, such costs shall not exceed 4 percent of tax revenues received.
(2)Reasonable costs incurred by the bureau, the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health for implementing, administering, and enforcing Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code and Division 10 (commencing with Section 26000) of the Business and Professions Code to the extent those costs are not reimbursed pursuant to Section 26180 of the Business and Professions Code or pursuant to Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code. This paragraph shall remain operative through fiscal year 20222023. the 202223 fiscal year.
(3)Reasonable costs incurred by the Department of Fish and Wildlife, the State Water Resources Control Board, and the Department of Pesticide Regulation for carrying out their respective duties under Chapter 3.5 (commencing with Section 19300) of Division 8 or Division 10 (commencing with Section 26000) of the Business and Professions Code to the extent those costs are not otherwise reimbursed.
(4)Reasonable costs incurred by the Controller for performing duties imposed by the Control, Regulate and Tax Adult Use of Marijuana Act, including the audit required by Section 34020.
(5)Reasonable costs incurred by the State Auditor for conducting the performance audit pursuant to Section 26191 of the Business and Professions Code.
(6)Reasonable costs incurred by the Legislative Analysts Office for performing duties imposed by Section 34017.
(7)Sufficient funds to reimburse the Division of Labor Standards Enforcement and the Division of Occupational Safety and Health within the Department of Industrial Relations and the Employment Development Department for the costs of applying and enforcing state labor laws to licensees under Chapter 3.5 (commencing with Section 19300) of Division 8 and Division 10 (commencing with Section 26000) of the Business and Professions Code.
(b)The Controller shall next disburse the sum of ten million dollars ($10,000,000) to a public university or universities in California annually beginning with fiscal year 20182019 the 201819 fiscal year until fiscal year 20282029 the 202829 fiscal year to research and evaluate the implementation and effect of the Control, Regulate and Tax Adult Use of Marijuana Act, and shall, if appropriate, make recommendations to the Legislature and Governor regarding possible amendments to the Control, Regulate and Tax Adult Use of Marijuana Act. The recipients of these funds shall publish reports on their findings at a minimum of every two years and shall make the reports available to the public. The bureau shall select the universities to be funded. funded and shall consider selecting, among other public universities, the University of California and the Center for Cannabis Research authorized pursuant to Section 11362.9 of the Health and Safety Code as a recipient for those funds. The research funded pursuant to this subdivision shall include but not necessarily be limited to:
(1)Impacts on public health, including health costs associated with marijuana use, as well as whether marijuana use is associated with an increase or decrease in use of alcohol or other drugs.
(2)The impact of treatment for maladaptive marijuana use and the effectiveness of different treatment programs.
(3)Public safety issues related to marijuana use, including studying the effectiveness of the packaging and labeling requirements and advertising and marketing restrictions contained in the act at preventing underage access to and use of marijuana and marijuana products, and studying the health-related effects among users of varying potency levels of marijuana and marijuana products.
(4)Marijuana use rates, maladaptive use rates for adults and youth, and diagnosis rates of marijuana-related substance use disorders.
(5)Marijuana market prices, illicit market prices, tax structures and rates, including an evaluation of how to best tax marijuana based on potency, and the structure and function of licensed marijuana businesses.
(6)Whether additional protections are needed to prevent unlawful monopolies or anti-competitive behavior from occurring in the nonmedical marijuana industry and, if so, recommendations as to the most effective measures for preventing such behavior.
(7)The economic impacts in the private and public sectors, including, but not necessarily limited to, job creation, workplace safety, revenues, taxes generated for state and local budgets, and criminal justice impacts, including, but not necessarily limited to, impacts on law enforcement and public resources, short and long term consequences of involvement in the criminal justice system, and state and local government agency administrative costs and revenue.
(8)Whether the regulatory agencies tasked with implementing and enforcing the Control, Regulate and Tax Adult Use of Marijuana Act are doing so consistent with the purposes of the act, and whether different agencies might do so more effectively.
(9)Environmental issues related to marijuana production and the criminal prohibition of marijuana production.
(10)The geographic location, structure, and function of licensed marijuana businesses, and demographic data, including race, ethnicity, and gender, of license holders.
(11)The outcomes achieved by the changes in criminal penalties made under the Control, Regulate and Tax Adult Use of Marijuana Act for marijuana-related offenses, and the outcomes of the juvenile justice system, in particular, probation-based treatments and the frequency of up-charging illegal possession of marijuana or marijuana products to a more serious offense.
(c)The Controller shall next disburse the sum of three million dollars ($3,000,000) annually to the Department of the California Highway Patrol beginning fiscal year 20182019 with the 201819 fiscal year until fiscal year 20222023 the 202223 fiscal year to establish and adopt protocols to determine whether a driver is operating a vehicle while impaired, including impairment by the use of marijuana or marijuana products, and to establish and adopt protocols setting forth best practices to assist law enforcement agencies. The department may hire personnel to establish the protocols specified in this subdivision. In addition, the department may make grants to public and private research institutions for the purpose of developing technology for determining when a driver is operating a vehicle while impaired, including impairment by the use of marijuana or marijuana products.
(d)The Controller shall next disburse the sum of ten million dollars ($10,000,000) beginning fiscal year 20182019 with the 201819 fiscal year and increasing ten million dollars ($10,000,000) each fiscal year thereafter until fiscal year 20222023, the 202223 fiscal year, at which time the disbursement shall be fifty million dollars ($50,000,000) each year thereafter, to the Governors Office of Business and Economic Development, in consultation with the Labor and Workforce Development Agency and the State Department of Social Services, to administer a community reinvestments grants program to local health departments and at least 50 percent to qualified community-based nonprofit organizations to support job placement, mental health treatment, substance use disorder treatment, system navigation services, legal services to address barriers to reentry, and linkages to medical care for communities disproportionately affected by past federal and state drug policies. The office shall solicit input from community-based job skills, job placement, and legal service providers with relevant expertise as to the administration of the grants program. In addition, the office shall periodically evaluate the programs it is funding to determine the effectiveness of the programs, shall not spend more than 4 percent for administrative costs related to implementation, evaluation and oversight of the programs, and shall award grants annually, beginning no later than January 1, 2020.
(e)The Controller shall next disburse the sum of two million dollars ($2,000,000) annually to the University of California San Diego Center for Medicinal Cannabis Research to further the objectives of the center including the enhanced understanding of the efficacy and adverse effects of marijuana as a pharmacological agent.
(f)By July 15 of each fiscal year beginning in fiscal year 20182019, the 201819 fiscal year the Controller shall, after disbursing funds pursuant to subdivisions (a), (b), (c), (d), and (e), disburse funds deposited in the Tax Fund during the prior fiscal year into sub-trust accounts, which are hereby created, as follows:
(1)Sixty percent shall be deposited in the Youth Education, Prevention, Early Intervention and Treatment Account, and disbursed by the Controller to the State Department of Health Care Services for programs for youth that are designed to educate about and to prevent substance use disorders and to prevent harm from substance use. The State Department of Health Care Services shall enter into interagency agreements with the State Department of Public Health and the State Department of Education to implement and administer these programs. The programs shall emphasize accurate education, effective prevention, early intervention, school retention, and timely treatment services for youth, their families and caregivers. The programs may include, but are not limited to, the following components:
(A)Prevention and early intervention services including outreach, risk survey and education to youth, families, caregivers, schools, primary care health providers, behavioral health and substance use disorder service providers, community and faith-based organizations, fostercare providers, juvenile and family courts, and others to recognize and reduce risks related to substance use, and the early signs of problematic use and of substance use disorders.
(B)Grants to schools to develop and support student assistance programs, or other similar programs, designed to prevent and reduce substance use, and improve school retention and performance, by supporting students who are at risk of dropping out of school and promoting alternatives to suspension or expulsion that focus on school retention, remediation, and professional care. Schools with higher than average dropout rates should be prioritized for grants.
(C)Grants to programs for outreach, education and treatment for homeless youth and out-of-school youth with substance use disorders.
(D)Access and linkage to care provided by county behavioral health programs for youth, and their families and caregivers, who have a substance use disorder or who are at risk for developing a substance use disorder.
(E)Youth-focused substance use disorder treatment programs that are culturally and gender competent, trauma-informed, evidence-based and provide a continuum of care that includes screening and assessment (substance use disorder as well as mental health), early intervention, active treatment, family involvement, case management, overdose prevention, prevention of communicable diseases related to substance use, relapse management for substance use and other co-occurring behavioral health disorders, vocational services, literacy services, parenting classes, family therapy and counseling services, medication-assisted treatments, psychiatric medication and psychotherapy. When indicated, referrals must be made to other providers.
(F)To the extent permitted by law and where indicated, interventions shall utilize a two-generation approach to addressing substance use disorders with the capacity to treat youth and adults together. This would include supporting the development of family-based interventions that address substance use disorders and related problems within the context of families, including parents, foster parents, caregivers and all their children.
(G)Programs to assist individuals, as well as families and friends of drug using young people, to reduce the stigma associated with substance use including being diagnosed with a substance use disorder or seeking substance use disorder services. This includes peer-run outreach and education to reduce stigma, anti-stigma campaigns, and community recovery networks.
(H)Workforce training and wage structures that increase the hiring pool of behavioral health staff with substance use disorder prevention and treatment expertise. Provide ongoing education and coaching that increases substance use treatment providers core competencies and trains providers on promising and evidenced-based practices.
(I)Construction of community-based youth treatment facilities.
(J)The departments may contract with each county behavioral health program for the provision of services.
(K)Funds shall be allocated to counties based on demonstrated need, including the number of youth in the county, the prevalence of substance use disorders among adults, and confirmed through statistical data, validated assessments or submitted reports prepared by the applicable county to demonstrate and validate need.
(L)The departments shall periodically evaluate the programs they are funding to determine the effectiveness of the programs.
(M)The departments may use up to 4 percent of the moneys allocated to the Youth Education, Prevention, Early Intervention and Treatment Account for administrative costs related to implementation, evaluation and oversight of the programs.
(N)If the Department of Finance ever determines that funding pursuant to marijuana taxation exceeds demand for youth prevention and treatment services in the state, the departments shall provide a plan to the Department of Finance to provide treatment services to adults as well as youth using these funds.
(O)The departments shall solicit input from volunteer health organizations, physicians who treat addiction, treatment researchers, family therapy and counseling providers, and professional education associations with relevant expertise as to the administration of any grants made pursuant to this paragraph.
(2)Twenty percent shall be deposited in the Environmental Restoration and Protection Account, and disbursed by the Controller as follows:
(A)To the Department of Fish and Wildlife and the Department of Parks and Recreation for the cleanup, remediation, and restoration of environmental damage in watersheds affected by marijuana cultivation and related activities including, but not limited to, damage that occurred prior to enactment of this part, and to support local partnerships for this purpose. The Department of Fish and Wildlife and the Department of Parks and Recreation may distribute a portion of the funds they receive from the Environmental Restoration and Protection Account through grants for purposes specified in this paragraph.
(B)To the Department of Fish and Wildlife and the Department of Parks and Recreation for the stewardship and operation of state-owned wildlife habitat areas and state park units in a manner that discourages and prevents the illegal cultivation, production, sale and use of marijuana and marijuana products on public lands, and to facilitate the investigation, enforcement and prosecution of illegal cultivation, production, sale, and use of marijuana or marijuana products on public lands.
(C)To the Department of Fish and Wildlife to assist in funding the watershed enforcement program and multiagency taskforce established pursuant to subdivisions (b) and (c) of Section 12029 of the Fish and Game Code to facilitate the investigation, enforcement, and prosecution of these offenses and to ensure the reduction of adverse impacts of marijuana cultivation, production, sale, and use on fish and wildlife habitats throughout the state.
(D)For purposes of this paragraph, the Secretary of the Natural Resources Agency shall determine the allocation of revenues between the departments. During the first five years of implementation, first consideration should be given to funding purposes specified in subparagraph (A).
(E)Funds allocated pursuant to this paragraph shall be used to increase and enhance activities described in subparagraphs (A), (B), and (C), and not replace allocation of other funding for these purposes. Accordingly, annual General Fund appropriations to the Department of Fish and Wildlife and the Department of Parks and Recreation shall not be reduced below the levels provided in the Budget Act of 2014 (Chapter 25 of the Statutes of 2014).
(3)Twenty percent shall be deposited into the State and Local Government Law Enforcement Account and disbursed by the Controller as follows:
(A)To the Department of the California Highway Patrol for conducting training programs for detecting, testing and enforcing laws against driving under the influence of alcohol and other drugs, including driving under the influence of marijuana. The department may hire personnel to conduct the training programs specified in this subparagraph.
(B)To the Department of the California Highway Patrol to fund internal California Highway Patrol programs and grants to qualified nonprofit organizations and local governments for education, prevention and enforcement of laws related to driving under the influence of alcohol and other drugs, including marijuana; programs that help enforce traffic laws, educate the public in traffic safety, provide varied and effective means of reducing fatalities, injuries and economic losses from collisions; and for the purchase of equipment related to enforcement of laws related to driving under the influence of alcohol and other drugs, including marijuana.
(C)To the Board of State and Community Corrections for making grants to local governments to assist with law enforcement, fire protection, or other local programs addressing public health and safety associated with the implementation of the Control, Regulate and Tax Adult Use of Marijuana Act. The board shall not make any grants to local governments which have banned the cultivation, including personal cultivation under paragraph (3) of subdivision (b) of Section 11362.2 of the Health and Safety Code, or retail sale of marijuana or marijuana products pursuant to Section 26200 of the Business and Professions Code or as otherwise provided by law.
(D)For purposes of this paragraph, the Department of Finance shall determine the allocation of revenues between the agencies; provided, however, beginning in fiscal year 20222023 the 202223 fiscal year the amount allocated pursuant to subparagraph (A) shall not be less than ten million dollars ($10,000,000) annually and the amount allocated pursuant to subparagraph (B) shall not be less than forty million dollars ($40,000,000) annually. In determining the amount to be allocated before fiscal year 20222023 the 202223 fiscal year pursuant to this paragraph, the Department of Finance shall give initial priority to subparagraph (A).
(g)Funds allocated pursuant to subdivision (f) shall be used to increase the funding of programs and purposes identified and shall not be used to replace allocation of other funding for these purposes.
(h)Effective July 1, 2028, the Legislature may amend this section by majority vote to further the purposes of the Control, Regulate and Tax Adult Use of Marijuana Act, including allocating funds to programs other than those specified in subdivisions (d) and (f). Any revisions pursuant to this subdivision shall not result in a reduction of funds to accounts established pursuant to subdivisions (d) and (f) in any subsequent year from the amount allocated to each account in fiscal year 20272028. Prior to July 1, 2028, the Legislature may not change the allocations to programs specified in subdivisions (d) and (f).
SEC. 5.The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act for the following reason:
This act facilitates the Bureau of Marijuana Controls ability to select a public university capable of researching the implementation and effect of the Control, Regulate and Tax Adult Use of Marijuana Act.
The Medical Board of California shall consult with the California Marijuana Research Program, known as the Center for Medicinal Cannabis Research, authorized pursuant to Section 11362.9 of the Health and Safety Code, on developing and adopting medical guidelines for the appropriate administration and use of medical cannabis.
SEC. 2.Section 19354 of the Business and Professions Code is amended to read:19354.The bureau shall contract with the California Marijuana Research Program, known as the Center for Medicinal Cannabis Research, authorized pursuant to Section 11362.9 of the Health and Safety Code, to develop a study that identifies the impact that cannabis has on motor skills.
SEC. 3.Section 11362.9 of the Health and Safety Code is amended to read:11362.9.(a)(1)It is the intent of the Legislature that the state commission objective scientific research by the premier research institute of the world, the University of California, regarding the efficacy and safety of administering marijuana marijuana, its naturally occurring constituents, and synthetic compounds that have effects similar to naturally occurring cannabinoids, as part of medical treatment. If the Regents of the University of California, by appropriate resolution, accept this responsibility, the University of California shall create a program, to be known as the California Marijuana Research Program. Center for Cannabis Research.
(2)The program shall develop and conduct studies intended to ascertain the general medical safety and efficacy of marijuana and, if found valuable, shall develop medical guidelines for the appropriate administration and use of marijuana. The studies may include studies to ascertain the effect of marijuana on motor skills. skills and other behavioral and health outcomes.
(b)The program may immediately solicit proposals for research projects to be included in the marijuana studies. Program requirements to be used when evaluating responses to its solicitation for proposals, shall include, but not be limited to, all of the following:
(1)Proposals shall demonstrate the use of key personnel, including clinicians or scientists and support personnel, who are prepared to develop a program of research regarding marijuanas general medical efficacy and safety.
(2)Proposals shall contain procedures for outreach to patients with various medical conditions who may be suitable participants in research on marijuana.
(3)Proposals shall contain provisions for a patient registry.
(4)Proposals shall contain provisions for an information system that is designed to record information about possible study participants, investigators, and clinicians, and deposit and analyze data that accrues as part of clinical trials.
(5)Proposals shall contain protocols suitable for research on marijuana, addressing patients diagnosed with acquired immunodeficiency syndrome (AIDS) or human immunodeficiency virus (HIV), cancer, glaucoma, or seizures or muscle spasms associated with a chronic, debilitating condition. The proposal may also include research on other serious illnesses, provided that resources are available and medical information justifies the research.
(6)Proposals shall demonstrate the use of a specimen laboratory capable of housing plasma, urine, and other specimens necessary to study the concentration of cannabinoids in various tissues, as well as housing specimens for studies of toxic effects of marijuana.
(7)Proposals shall demonstrate the use of a laboratory capable of analyzing marijuana, provided to the program under this section, for purity and cannabinoid content and the capacity to detect contaminants.
(c)In order to ensure objectivity in evaluating proposals, the program shall use a peer review process that is modeled on the process used by the National Institutes of Health, and that guards against funding research that is biased in favor of or against particular outcomes. Peer reviewers shall be selected for their expertise in the scientific substance and methods of the proposed research, and their lack of bias or conflict of interest regarding the applicants or the topic of an approach taken in the proposed research. Peer reviewers shall judge research proposals on several criteria, foremost among which shall be both of the following:
(1)The scientific merit of the research plan, including whether the research design and experimental procedures are potentially biased for or against a particular outcome.
(2)Researchers expertise in the scientific substance and methods of the proposed research, and their lack of bias or conflict of interest regarding the topic of, and the approach taken in, the proposed research.
(d)If the program is administered by the Regents of the University of California, any grant research proposals approved by the program shall also require review and approval by the research advisory panel.
(e)It is the intent of the Legislature that the program be established as follows:
(1)The program shall be located at one or more University of California campuses that have a core of faculty experienced in organizing multidisciplinary scientific endeavors and, in particular, strong experience in clinical trials involving psychopharmacologic agents. The campuses at which research under the auspices of the program is to take place shall accommodate the administrative offices, including the director of the program, as well as a data management unit, and laboratory facilities for detection and analysis of various naturally occurring and synthetic cannabinoids, as well as storage of specimens.
(2)When awarding grants under this section, the program shall utilize principles and parameters of the other well-tested statewide research programs administered by the University of California, modeled after programs administered by the National Institutes of Health, including peer review evaluation of the scientific merit of applications.
(3)The scientific and clinical operations of the program shall occur, partly at University of California campuses, and partly at other postsecondary institutions, that have clinicians or scientists with expertise to conduct the required studies. Criteria for selection of research locations shall include the elements listed in subdivision (b) and, additionally, shall give particular weight to the organizational plan, leadership qualities of the program director, and plans to involve investigators and patient populations from multiple sites.
(4)The funds received by the program shall be allocated to various research studies in accordance with a scientific plan developed by the Scientific Advisory Council. As the first wave of studies is completed, it is anticipated that the program will receive requests for funding of additional studies. These requests shall be reviewed by the Scientific Advisory Council.
(5)The size, scope, and number of studies funded shall be commensurate with the amount of appropriated and available program funding.
(f)All personnel involved in implementing approved proposals shall be authorized as required by Section 11604.
(g)Studies conducted pursuant to this section shall include the greatest amount of new scientific research possible on the medical uses of, and medical hazards associated with, marijuana. The program shall consult with the Research Advisory Panel analogous agencies in other states, and appropriate federal agencies in an attempt to avoid duplicative research and the wasting of research dollars.
(h)The program shall make every effort to recruit qualified patients and qualified physicians from throughout the state.
(i)The marijuana studies shall employ state-of-the-art research methodologies.
(j)The program shall ensure that all marijuana used in the studies is of the appropriate medical quality and shall be obtained from the National Institute on Drug Abuse or any other federal agency designated to supply marijuana for authorized research. If these federal agencies fail to provide a supply of adequate quality and quantity within six months of the effective date of this section, the Attorney General shall provide an adequate supply pursuant to Section 11478.
(k)The program may review, approve, or incorporate studies and research by independent groups presenting scientifically valid protocols for medical research, regardless of whether the areas of study are being researched by the committee.
(l)(1)To enhance understanding of the efficacy and adverse effects of marijuana as a pharmacological agent, the program shall conduct focused controlled clinical trials on the usefulness of marijuana in patients diagnosed with AIDS or HIV, cancer, glaucoma, or seizures or muscle spasms associated with a chronic, debilitating condition. The program may add research on other serious illnesses, provided that resources are available and medical information justifies the research. The studies shall focus on comparisons of both the efficacy and safety of methods of administering the drug to patients, including inhalational, tinctural, and oral, evaluate possible uses of marijuana as a primary or adjunctive treatment, and develop further information on optimal dosage, timing, mode of administration, and variations in the effects of different cannabinoids and varieties of marijuana. marijuana, or synthetic compounds that simulate the effects of naturally occurring cannabinoids. The studies may also focus on examining testing methods for detecting harmful contaminants in marijuana, including, but not limited to, mold, bacteria, and mycotoxins that could cause harm to patients.
(2)The program shall examine the safety of marijuana in patients with various medical disorders, including marijuanas interaction with other drugs, relative safety of inhalation versus oral forms, and the effects on mental function in medically ill persons.
(3)The program shall be limited to providing for objective scientific research to ascertain the efficacy and safety of marijuana as part of medical treatment, and should not be construed as encouraging or sanctioning the social or recreational use of marijuana.
(m)(1)Subject to paragraph (2), the program shall, prior to any approving proposals, seek to obtain research protocol guidelines from the National Institutes of Health and shall, if the National Institutes of Health issues research protocol guidelines, comply with those guidelines.
(2)If, after a reasonable period of time of not less than six months and not more than a year has elapsed from the date the program seeks to obtain guidelines pursuant to paragraph (1), no guidelines have been approved, the program may proceed using the research protocol guidelines it develops.
(n)In order to maximize the scope and size of the marijuana studies, the program may do any of the following:
(1)Solicit, apply for, and accept funds from foundations, private individuals, and all other funding sources that can be used to expand the scope or timeframe of the marijuana studies that are authorized under this section. The program shall not expend more than 5 percent of its General Fund allocation in efforts to obtain money from outside sources.
(2)Include within the scope of the marijuana studies other marijuana research projects that are independently funded and that meet the requirements set forth in subdivisions (a) to (c), inclusive. In no case shall the program accept any funds that are offered with any conditions other than that the funds be used to study the efficacy and safety of marijuana as part of medical treatment. Any donor shall be advised that funds given for purposes of this section will be used to study both the possible benefits and detriments of marijuana and that he or she will have no control over the use of these funds.
(o)The program may cultivate cannabis to be used exclusively for research purposes and may contract with a private entity to provide expertise in cultivating medical cannabis. Any program associated with the Center for Cannabis Research in cannabis cultivation shall be compliant with federal regulations governing cannabis manufacture.
(o)(p)(1)Within six months of the effective date of this section, By July 1,2017, the program shall report to the Legislature, the Governor, and the Attorney General on the progress of the marijuana studies.
(2)Thereafter, the program shall issue a report to the Legislature every six months year detailing the progress of the studies. The interim reports required under this paragraph shall include, but not be limited to, data on all of the following:
(A)The names and number of diseases or conditions under study.
(B)The number of patients enrolled in each study by disease.
(C)Any scientifically valid preliminary findings.
(p)(q)If the Regents of the University of California implement this section, the President of the University of California California, on advice of the director of the program, shall appoint a multidisciplinary Scientific Advisory Council, not to exceed 15 members, to provide policy guidance in the creation and implementation of the program. Members shall be chosen on the basis of scientific expertise. Members of the council shall serve on a voluntary basis, with reimbursement for expenses incurred in the course of their participation. The members shall be reimbursed for travel and other necessary expenses incurred in their performance of the duties of the council.
(q)(r)No more than 10 percent of the total funds appropriated may be used for all aspects of the administration of this section.
(r)(s)This section shall be implemented only to the extent that funding for its purposes is appropriated by the Legislature in the annual Budget Act. Legislature.
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Date
|
Status
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|---|---|
| Sep 1, 2017 | In committee: Held under submission. |
| Aug 21, 2017 | In committee: Referred to APPR. suspense file. |
| Jul 18, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jun 13, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 12). Re-referred to Com. on APPR. |
| May 24, 2017 | Referred to Com. on B., P. & E.D. |
| May 11, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 11, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1490.) |
| May 4, 2017 | Read second time. Ordered to Consent Calendar. |
| May 3, 2017 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 3). |
| Apr 26, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (April 25). Re-referred to Com. on APPR. |
| Apr 20, 2017 | Re-referred to Com. on B. & P. |
| Apr 19, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Apr 17, 2017 | Re-referred to Com. on B. & P. |
| Apr 6, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Mar 27, 2017 | Referred to Com. on B. & P. |
| Feb 17, 2017 | From printer. May be heard in committee March 19. |
| Feb 16, 2017 | Read first time. To print. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 21, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 12, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
|
| May 11, 2017 | AB 1002 COOLEY Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 3, 2017 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 25, 2017 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Business and Professions |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| association of commercial cannabis laboratories | ** Support | Jun 12, 2017 |
| California Academy Of Family Physicians | * Support | Jun 12, 2017 |
| California Drug Policy Alliance | * Support | Jun 12, 2017 |
| California Growers Association | ** Support | Jun 12, 2017 |
| Caliva | ** Support | Jun 12, 2017 |
| Consortium Management Group | * Support | Jun 12, 2017 |
| Drug Policy Alliance | * Support | Jun 12, 2017 |
| League Of California Cities | ** Support | Jun 12, 2017 |
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
AB 1002 (Cooley) - Center for Cannabis Research
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 1002 would expand the research and reporting authorities of the California Cannabis Research Program.
Fiscal Impact:
- Likely additional cost pressure of about $3 million dollars over three years for the California Cannabis Research Program to conduct additional research studies relating to the effects of cannabis on behavioral and health outcomes and additional research on the effects of synthetic cannabinoids (Cannabis Control Fund). Based on the cost for an existing study being performed by the Program, the Bureau of Cannabis Control indicates that the cost to study the additional subjects authorized in the bill would be about $3 million.
- Unknown additional costs or savings for the California Cannabis Research Program to cultivate cannabis for research purposes (Cannabis Control Fund or General Fund). Under current law and practice, researchers supported by the Program must access cannabis through the National Institute on Drug Abuse. This bill authorizes the Program to cultivate its own cannabis for research purposes. It is not known to what extent doing so would be more or less costly than procuring cannabis samples from federal authorities.
Background:
Under current law, the Regents of the University of California may direct the University of California to establish the California Cannabis Research Program (recently renamed from the California Marijuana Research Program). The University has established the program, and researchers affiliated with the program have undertaken academic research relating to the potential health benefits of ingesting cannabis. In 2016, the Bureau of Cannabis Control entered into a contract with the Program to conduct a study on the effects of cannabis use on driving.
Proposed Law:
AB 1002 would expand the research and reporting authorities of the California Cannabis Research Program.
Specific provisions of the bill would:
- Authorize the Program to study synthetic compounds similar to those naturally occurring in cannabis;
- Authorize the Program to study the effects of cannabis on behavioral and health outcomes;
- Authorize participating campuses to accommodate laboratory facilities;
- Authorize the Program to cultivate cannabis for research purposes, in compliance with federal regulations;
- State legislative intent that the state commission research by the Program to study the implementation of the Control, Regulate, and Tax Adult Use of Marijuana Act;
- Make other technical and clarifying changes.
Staff Comments:
Under the California Constitution, the University of California has a high degree of independence. In general, the Legislature may not mandate that the University undertake specific activities. This bill, like much of current law regarding the California Cannabis Research Program, permits the University to undertake specified actions, upon approval of the Regents of the University.
Current law (the Control, Regulate, and Tax Adult Use of Marijuana Act) appropriates certain specified funding amounts from tax revenues relating to cannabis. Included in those existing appropriations is $10 million per year for disbursement to public universities to fund research and evaluate the implementation of the Act. The costs anticipated by the changes made to existing law are likely to be funded from those existing appropriations.
-- END --
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2017 - 2018 Regular
Bill No: Hearing Date: June 12, 2017
Author: | |||
Version: | April 19, 2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Sarah Huchel | ||
Subject:
SUMMARY:
Changes the name of the “California Marijuana Research Program” to the “Center for Cannabis Research,” expands its research and reporting mandates, and authorizes the Center to cultivate cannabis to be used exclusively for research purposes and contract with a private entity to provide expertise in cultivating medical cannabis.
Existing law:
- Establishes the Bureau of Marijuana Control (Bureau) under the Department of Consumer Affairs (DCA) to regulate the medical and recreational cannabis industry. (Business and Professions Code (BPC) § 26010)
- Authorizes the Regents of the University of California (UC) to direct the UC to create the California Marijuana Research Program (Program) to develop and conduct studies intended to ascertain the general medical safety and efficacy of marijuana and, if found valuable, develop medical guidelines for the appropriate administration and use of marijuana. The studies may include studies to ascertain the effect of marijuana on motor skills. (Health and Safety Code (HSC) § 11362.9 (a))
- Authorizes the Medical Board of California to consult with the Program when developing and adopting medical guidelines for the appropriate administration and use of medical cannabis. (BPC § 2525.1; HSC § 11362.9)
- Directs the Bureau to contract with the Program to develop a study that identifies the impact of cannabis motor skills. (BPC § 19354)
This bill:
- Renames the “California Marijuana Research Program” as the “Center for Cannabis Research” (Center).
- Amends legislative intent to include direction for UC to research the efficacy and safety of marijuana’s naturally occurring constituents and synthetic compounds that have effects similar to naturally occurring cannabinoids (CBDs).
- Permits the study of marijuana on behavioral and health outcomes.
- Directs Center campuses to accommodate laboratory facilities for the detection and analysis of various naturally occurring and synthetic CBDs.
- Requires the Center to develop further information on optimal dosage, timing, mode of administration, and variations in the effects of different synthetic compounds that simulate the effects of naturally occurring CBDs. The studies may also focus on examining testing methods for detecting harmful contaminants in marijuana, including, but not limited to, mold, bacteria, and mycotoxins that could cause harm to patients.
- Authorizes the Center to cultivate cannabis to be used exclusively for research purposes and that the Center may contract with a private entity to provide expertise in cultivating medical cannabis. Any program associated with the Center in cannabis cultivation shall be compliant with federal regulations governing cannabis manufacture.
- Requires the Center to report progress on marijuana studies to the Legislature, Governor, and Attorney General by July 1, 2018, and to the Legislature every year thereafter.
- Directs the Bureau to consider the Program as a recipient of funds dedicated to researching impacts of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA).
- States Legislative intent that the Center study the impact of AUMA, including all of the following issues:
- Impacts on public health, including health costs associated with marijuana use, as well as whether marijuana use is associated with an increase or decrease in use of alcohol or other drugs.
- The impact of treatment for maladaptive marijuana use and the effectiveness of different treatment programs.
- Public safety issues related to marijuana use, including studying the effectiveness of the packaging and labeling requirements and advertising and marketing restrictions contained in the AUMA at preventing underage access to and use of marijuana and marijuana products, and studying the health-related effects among users of varying potency levels of marijuana and marijuana products.
- Marijuana use rates, maladaptive use rates for adults and youth, and diagnosis rates of marijuana-related substance use disorders.
- Marijuana market prices, illicit market prices, tax structures and rates, including an evaluation of how to best tax marijuana based on potency, and the structure and function of licensed marijuana businesses.
- Whether additional protections are needed to prevent unlawful monopolies or anti-competitive behavior from occurring in the nonmedical marijuana industry and, if so, recommendations as to the most effective measures for preventing such behavior.
- The economic impacts in the private and public sectors, including, but not necessarily limited to, job creation, workplace safety, revenues, taxes generated for state and local budgets, and criminal justice impacts, including, but not necessarily limited to, impacts on law enforcement and public resources, short and long term consequences of involvement in the criminal justice system, and state and local government agency administrative costs and revenue.
- Whether the regulatory agencies tasked with implementing and enforcing AUMA are doing so consistent with the purposes of the act, and whether different agencies might do so more effectively.
- Environmental issues related to marijuana production and the criminal prohibition of marijuana production.
- The geographic location, structure, and function of licensed marijuana businesses, and demographic data, including race, ethnicity, and gender, of license holders.
- The outcomes achieved by the changes in criminal penalties made under AUMA for marijuana-related offenses, and the outcomes of the juvenile justice system, in particular, probation-based treatments and the frequency of up-charging illegal possession of marijuana or marijuana products to a more serious offense.
- Makes technical changes.
- States Legislative findings and declarations that this bill furthers the purposes and intent of the AUMA because it facilitates the Bureau’s ability to select a public university capable of researching the implementation and effect of the AUMA.
FISCAL EFFECT:
According to the Assembly Appropriations Committee analysis dated May 3, 2017, this bill has negligible state costs.
COMMENTS:
- Purpose. This bill is Author sponsored. According to the Author’s office, this bill is necessary because, “Currently, the University of Mississippi is the only source in the United States for research institutions to obtain marijuana.
“Recent articles in the news have described myriad issues with the supply of marijuana that is available to researchers that negatively impact research efforts. Problems reported include contamination, mislabeled potency, potency is often two to three times lower than what is available on the market, lack of diversity in available strains, and inconsistently available supply.
“This can create time delays, uncertainty for studies, and prevents researchers from completing effective research.”
- The Center for Medicinal Cannabis Research at the University of California. The Legislature encouraged the UC Regents to establish the Program in 1999
(SB 847 (Vasconcellos, Chapter 750, Statutes of 1999)), which became known as the Center for Medicinal Cannabis Research (CMCR). CMCR was tasked with conducting clinical and pre-clinical studies of CBDs, including smoked marijuana, to investigate the cannabis’ therapeutic value. To this end, according to CMCR’s website, it “issued calls for applications from researchers at leading California institutions, developed a close working relationship with state and federal agencies to gain regulatory approvals, established panels of nationally-recognized experts to rigorously review the merit of applications, and funded carefully designed studies that have now been published in high impact scientific journals, making significant contributions to the available literature on cannabis and the cannabinoids.”
CMCR studies have thus far examined the efficacy of cannabis as a painkiller and its value for the treatment of spasticity in multiple sclerosis.
This bill officially renames the Program as the Center, expands its research and reporting mandates, and encourages the Bureau to consider it for funds allotted by the Controller for AUMA impact research.
- Access to Cannabis. This bill also authorizes the Center to cultivate cannabis for research purposes, subject to federal regulations.
Researchers may only obtain cannabis through the National Institute on Drug Abuse (NIDA) Drug Supply Program. Until recently, only a single source was authorized to cultivate cannabis for research, the University of Mississippi, which has been the sole cultivator since 1968.
There have been significant concerns with the quality and diversity of cannabis from this supplier. Because of restrictions on production and fluctuations in demand, federally produced cannabis may have been harvested years earlier and stored in a freezer, during which the quality may have degraded; often has a lower potency than cannabis sold in state-regulated markets; and is of limited varietals, among other issues.
In July 2016, NIDA posted a formal request for information on the varieties of cannabis and cannabis products of interest to researchers. A summary of the comments received stated that: “the most consistent recommendation was to provide marijuana strains and products that reflect the diversity of products available in state dispensaries.” The Drug Enforcement Agency (DEA) adopted a new policy in August 2016 that increases the number of entities that may be registered under the Controlled Substances Act (CSA) to grow cannabis to supply researchers.
According to the DEA’s statement in the Federal Register, the new policy authorizes individuals to register with DEA to grow marijuana not only to supply federally funded or other academic researchers, but also for strictly commercial endeavors funded by the private sector and aimed at drug product development.
Although this bill authorizes the Center to cultivate, it is unclear that this statutory authorization is necessary. The Center will still have to apply to the DEA to become a licensed bulk manufacturer of marijuana. However, the Center has not yet applied because, according to a representative, “any effort in that direction would have to involve an industry partner, since the Center’s expertise does not extend to cannabis manufacture.” This bill will also allow the Center to contract with a private entity to provide expertise in cultivating medical cannabis.
- Related Legislation. AB 845 (Wood) authorizes a physician to prescribe and a pharmacist to dispense cannabidiol (CBD) if it is reclassified at the federal level, or if a product composed of CBD is approved by the federal Food and Drug Administration and either not declared a Schedule I drug, or exempted from the federal Controlled Substances Act. (Status: This bill is currently pending in the Senate Public Safety Committee.)
AB 389 (Salas, Caballero) requires the Bureau to create and make available on its website a consumer guide to educate the public on the regulation of medical and recreational marijuana by July 1, 2018, which must include: the difference between medical and recreational cannabis, where recreational cannabis may be purchased, rules on cannabis consumption, quantities allowable, penalties for violation, and the process for reporting concerns or complaints. (Status: This bill is currently pending in the Senate Business, Professions and Economic Development Committee)
SB 311 (Pan) explicitly allows a licensee to test another licensee’s cannabis and cannabis products for quality assurance purposes. (Status: This bill is currently pending at the Assembly Desk.)
- Prior Legislation. AB 2679 (Cooley, Bonta, Jones-Sawyer, Lackey, Wood, Chapter Chapter 828, Statutes of 2016) required marijuana licensing authorities to include annual reports about the number of appeals for license denials, disciplinary actions, and complaints. Authorizes the University of California’s California Marijuana Research Program (Program) to develop and conduct studies to ascertain the effect of marijuana on motor skills.
SB 643 (McGuire, Chapter 719, Statutes of 2015) stated legislative intent to commission objective scientific research by the UC regarding the efficacy and safety of administering marijuana as part of medical treatment. Requires UC, if it accepts by appropriate resolution the responsibility to create a California Marijuana Research Program (Program) that it will develop and conduct studies intended to ascertain the general medical safety and efficacy of marijuana, and if found valuable, to develop medical guidelines for the appropriate administration and use of marijuana.
AB 266 (Bonta, Cooley, Jones-Sawyer, Lackey, Wood, Chapter 689, Statutes of 2015) requires the Bureau to contract with Program to develop a study that identifies the impact of medical marijuana on motor skills.
SB 295 (Vasconcellos, Chapter 704, Statutes of 2003) eliminated the three-year sunset date on the Program, thereby extending it indefinitely.
SB 847 (Vasconcellos, Chapter 750, Statutes of 1999) established the Center for Medicinal Cannabis Research as the Medical Marijuana Research Program to study the safety and efficacy of marijuana usage for medical purposes.
- Arguments in Support. The California Chapter of the National Organization for the Reform of Marijuana Laws writes, “Many researchers have complained about the quality of NIDA’s marijuana because it fails to reflect the variety, potency, activity or consistency of marijuana commonly used by consumers. NIDA’s marijuana has only limited potency: typically 3% - 7% THC as compared to the 16% - 25% THC prevalent in market varieties. The consistency of NIDA’s marijuana is that of dried, chopped leaf, rather than the fresh flowers, extracts, and concentrates (not to mention edibles and topicals) widely used by patients. NIDA’s marijuana has been reported to contain sticks, seeds and mold, and to taste harsh and stale. Whereas cannabis comes in hundreds of different varieties containing differing amounts of CBD, THC, and other cannabinoids as well as scores of different terpenes, odoriferous compounds with medical properties of their own, NIDA grows only one or two strains. NIDA has had difficulty supplying marijuana with high amounts of cannabidiol (CBD), a cannabinoid of particular research interest, which is less psychoactive than THC but has unique therapeutic potential of its own for the treatment of childhood epilepsy and other illnesses.
“For all of these reasons, researchers need access to new and different varieties of cannabis not available from NIDA. AB 1002 would make this possible by allowing CMCR to arrange supplies from new, independent research gardens.”
The California Growers Association writes, “The University of California and our state’s cannabis growers are both global leaders in their respected fields. AB 1002 enhances the ability of the UC to conduct cannabis research by allowing the university to apply for a license through the DEA and – subject to federal approval – to hire outside expertise to cultivate and supply cannabis for research purposes. By allowing our academic community and our cultivation community to work together on this research, the proposed legislation will provide policy makers and public health professionals the information they need to more effectively regulate cannabis. We believe this research will have a positive impact on public health, public safety, and environmental health not just here in California, but around the world.”
SUPPORT AND OPPOSITION:
Support:
Association of Commercial Cannabis Laboratories
California Chapter of the National Organization for the Reform of Marijuana Laws (California NORML)
California Academy of Family Physicians
California Growers Association
Consortium Management Group
Drug Policy Alliance
League of California Cities
Opposition:
None on file as of June 6, 2017.
.
-- END --
Date of Hearing: May 3, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1002
Author:(Cooley) – As Amended Ver:April 19, 2017
Policy Committee: | Business and Professions | Vote: | 15 - 0 |
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill modifies several provisions related to the California Marijuana Research Program, currently known as the "Center for Medicinal Cannabis Research," including a name change to "Center for Cannabis Research." Specifically, this bill:
- Expands the purview of the program to include the study of naturally occurring constituents of cannabis and synthetic compounds.
- Authorizes the Center to cultivate cannabis to be used exclusively for research purposes and to contract with a private entity to provide expertise in cultivating medical cannabis. Also authorizes specified controlled clinical trials.
- Requires the Bureau of Marijuana Control to consider selecting the University of California and the Center for Cannabis Research program when selecting a public university or public universities to be funded to research and evaluate the implementation and effect of the Adult Use of Marijuana Act (AUMA).
FISCAL EFFECT:
Negligible state costs.
COMMENTS:
- Purpose. This bill updates provisions related to a cannabis research program at the University of California. Specifically, the bill will allow the Center to apply for a license through the DEA to cultivate marijuana for research purposes, and subject to federal approval, hire outside expertise familiar with cultivating. It also ensures the Center is considered as a recipient of funding under a research grant program pursuant to AUMA.
- Background. The University of California California Marijuana Research Program was authorized by SB 847 (Vasconcellos), Chapter 750, Statutes of 1999. The Center serves as a hub for cannabis research throughout the state, and it coordinates scientific studies to assess the safety and efficacy of cannabis and cannabis compounds for treating medical conditions. The Center will be assisting the state in evaluating the effects of cannabis on driving, and will be consulting with the California Medical Board on prescribing practices, pursuant to recent cannabis-related legislation signed into law in 2015.
Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081
Date of Hearing: April 25, 2017
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Evan Low, Chair
ABPCA Bill Id:AB 1002
Author:(Cooley) – As Amended Ver:April 19, 2017
SUBJECT: Center for Cannabis Research.
SUMMARY: Renames the California Marijuana Research Program as the Center for Cannabis Research (CCR); expands the purview of the program to include the study of naturally occurring constituents of cannabis and synthetic compounds; authorizes the CCR to cultivate cannabis to be used exclusively for research purposes and to contract with a private entity to provide expertise in cultivating medical cannabis; authorizes the controlled clinical trials to focus on examining testing methods for detecting harmful contaminants in marijuana, including mold and bacteria; requires the President of the University of California, upon advice of the director of the program, to appoint a multidisciplinary Scientific Advisory Council; and, requires the Bureau of Marijuana Control to consider selecting the University of California and the Center for Cannabis Research program when selecting a public university or public universities to be funded to research and evaluate the implementation and effect of the Adult Use of Marijuana Act (AUMA).
EXISTING LAW:
- Establishes the Bureau of Marijuana Control, also referred to as the Bureau of Medical Cannabis Regulation (Bureau), under the Department of Consumer Affairs (DCA), to establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale of cannabis products. (Business and Professions Code (BPC) § 26000 et seq.; BPC § 19302)
- Authorizes the Medical Board of California to consult with the California Marijuana Research Program, known as the Center for Medicinal Cannabis Research, on developing and adopting medical guidelines for the appropriate administration and use of medical cannabis. (BPC § 2525.1; Health and Safety Code § 11362.9)
- Directs the Bureau to contract with the California Marijuana Research Program, known as the Center for Medicinal Cannabis Research, to develop a study that identifies the impact that cannabis has on motor skills. (BPC § 19354; HSC § 11362.9)
- States the intent of the Legislature that the state commission objective scientific research by the University of California, regarding the efficacy and safety of administering marijuana as part of medical treatment. (HSC § 11362.9 (a)(1))
- Authorizes the Regents of the University of California, by appropriate resolution, to direct the University of California to create a program, to be known as the California Marijuana Research Program. (HSC § 11362.9 (a)(2))
- Specifies that the program shall develop and conduct studies intended to ascertain the general medical safety and efficacy of marijuana and develop medical guidelines for the appropriate administration and use of marijuana including the effect of marijuana on motor skills.
THIS BILL:
- Renames the California Marijuana Research Program (Program) as the Center for Cannabis Research (CCR) and would expand the purview of the CCR to include the study of naturally occurring constituents of cannabis and synthetic compounds that have effects similar to naturally occurring cannabinoids.
- Permits research studies to examine the effects of marijuana on motor skills and other behavioral health outcomes.
- Authorizes the CCR to cultivate cannabis to be used exclusively for research purposes and to contract with a private entity to provide expertise in cultivating medical cannabis.
- Requires the campuses at which research under the auspices of the program is to take place to have laboratory facilities for detection and analysis of various naturally occurring and synthetic cannabinoids, as well as storage of specimens or synthetic compounds that simulate the effects of naturally occurring cannabinoids.
- Specifies that the studies may focus on examining testing methods for detecting harmful contaminants in marijuana, including, but not limited to, mold, bacteria and mycotoxins that could cause harm to patients.
- Permits the programs to cultivate cannabis to be used exclusively for research purposes and may contract with a private entity to provide expertise in cultivating medical cannabis.
- Specifies that by July 1, 2018, the program shall report to the Legislature, the Governor, and the Attorney General on the progress of the marijuana studies.
- States that the program shall issue a report to the Legislature every year detailing the progress of the studies.
- Requires the President of the University of California, on the advice of the Director of the Program, to appoint a multidisciplinary Scientific Advisory Council, not to exceed 15 members, to provide policy guidance in the creation and implementation of the CCR.
- States that it is the intent of the Legislature that the state commission objective scientific research by the University of California under the CCR program to study the implementation and effect of the Control, Regulate and Tax AUMA.
- Amends the provisions of the AUMA to require the Bureau of Marijuana Control to consider selecting the University of California and the CCR program when selecting a public university or public universities to be funded to research and evaluate the implementation and effect of AUMA.
- Directs the Controller to disburse the sum of two million dollars ($2,000,000) annually to the University of California San Diego Center for Medicinal Cannabis Research to further the objectives of the center including the enhanced understanding of the efficacy and adverse effects of marijuana as a pharmacological agent.
FISCAL EFFECT: Unknown. This bill has been keyed fiscal by the Legislative Counsel.
COMMENTS:
Purpose. This bill is sponsored by the author. According to the author, “Currently, the University of Mississippi is the only source in the United States for research institutions to obtain marijuana. This can create time delays and uncertainty for studies. Also, the low potency of marijuana available to researchers from the University of Mississippi prevents them from completing effective research. Patients and recreational users often consume products two to three times more potent than what is available from the University. AB 1002 allows the Center for Medical Cannabis Research to apply for a license through the DEA to cultivate marijuana for research purposes, and subject to federal approval, hire outside expertise familiar with cultivating. The bill also renames the Center for Medicinal Cannabis Research to the Center for Cannabis Research.”
Background. Cannabis. The cannabis plant produces a resin containing compounds called cannabinoids, which are the active ingredients that directly affect the central nervous and immune systems in the human body. Some cannabinoids are psychoactive, which act on the brain and have the potential to alter mood or consciousness. Two of the primary active cannabinoids within the cannabis plant are tetrahydrocannabinol (THC) and cannabidiol (CBD). Results from the limited research on the medicinal properties and adverse effects of cannabis suggest that cannabinoids are associated with improved symptoms of patients with a variety of clinical symptoms, though not all studies have yielded statistically significant results. For example, some studies provide limited evidence that cannabinoids may be beneficial for conditions such as spasticity resulting from multiple sclerosis, and pain due to chronic neuropathy and cancer (National Institutes of Health website: https://nccih.nih.gov/health/marijuana). However, clinical trials on the medical efficacy of cannabis are extremely limited because the federal government considers the cannabis plant a Schedule I drug, and therefore it is considered a dangerous controlled substance with no accepted medical benefits and a high potential for abuse.
Cannabis Regulation in California. In 1996, California voters passed Proposition 215, legalizing the use of medical cannabis in the state. In October 2015, nearly 20 years after the authorization of the use of medical cannabis, Governor Jerry Brown signed into law the MCRSA. The MCRSA provides a comprehensive regulatory system for the cultivation, manufacture, transportation, storage, distribution, and sale of medical cannabis to be administered by the DCA, CDFA, and DPH. In 2016, the voters of California passed Proposition 64, the Adult Use of Marijuana Act (AUMA), to legalize the recreational use of cannabis in the state by 2018. The AUMA passed with 57% voter approval.
Cannabis Research at the University of Mississippi. Currently, the University of Mississippi, operating under a contract with the National Institute for Drug Abuse (NIDA), is the sole entity authorized to produce cannabis to supply researchers in the United States. The quality of the cannabis that the university utilizes for research has been scrutinized in various news reports. Specifically, concerns have been shared about the condition of the samples. Additionally, questions have been raised about the ability to extrapolate the impact of cannabis when the samples utilized in research are not potent enough to simulate the effects of higher cannabis consumption.
2016 DEA Policy on Cannabis Supplied for Research Purposes. On August 11, 2016, the DEA announced a policy change designed to foster research by expanding the number of DEA- registered cannabis manufacturers. This change is intended to provide researchers with a more varied and robust supply of cannabis. The DEA’s new policy will allow additional entities to apply to become registered with the DEA so that they may grow and distribute cannabis for FDA-authorized research purposes.
Cannabis Research in California. In 1999, legislation was enacted forming the University of California Center for Medical Cannabis Research (SB 847 (Vasconcellos)). According to the Center, its purpose is to coordinate rigorous scientific studies to assess the safety and efficacy of cannabis and cannabis compounds for treating medical conditions via a three year program overseeing objective, high quality medical research that will enhance understanding of the efficacy and adverse effects of marijuana as a pharmacological agent.
The Center serves as a hub for cannabis research throughout the State of California. Research has focused on the potential medicinal benefits of cannabis for diseases and conditions identified by the National Academy of Sciences, Institute of Medicine Report (1999) and by the Workshop on the Medical Utility of Marijuana, National Institutes of Health (1997). Studies have examined the analgesic efficacy of cannabis on experimental models of neuropathic pain, neuropathic pain from HIV and diabetes, and neuropathic pain of diverse etiology. Additionally, studies have evaluated the efficacy of cannabis for the treatment of spasticity in multiple sclerosis. Current research includes a NIDA funded study comparing oral delta-9-THC (dronabinol) to vaporized cannabis for alleviation of chronic neuropathic low back pain. Additionally, the Center will be assisting the state of California in evaluating the effects of cannabis on driving pursuant to AB 266 (Bonta) of 2015 and consulting with the California Medical board on prescribing practices pursuant to SB 643 (McGuire) of 2015.
REGISTERED SUPPORT:
None on file.
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by: Le Ondra Clark Harvey Ph.D. / B. & P. / (916) 319-3301
Date of Hearing: April 18, 2017
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Rudy Salas, Chair
ABPCA Bill Id:AB 1002
Author:(Cooley) – As Amended Ver:April 6, 2017
SUBJECT: Center for Cannabis Research.
SUMMARY: Renames the California Marijuana Research Program as the Center for Cannabis Research (CCR); expands the purview of the program to include the study of naturally occurring constituents of cannabis and synthetic compounds; authorizes the CCR to cultivate cannabis to be used exclusively for research purposes and to contract with a private entity to provide expertise in cultivating medical cannabis; authorizes the controlled clinical trials to focus on examining testing methods for detecting harmful contaminants in marijuana, including mold and bacteria; requires the President of the University of California, upon advice of the director of the program, to appoint a multidisciplinary Scientific Advisory Council; and, requires the Bureau of Marijuana Control to consider selecting the University of California and the Center for Cannabis Research program when selecting a public university or public universities to be funded to research and evaluate the implementation and effect of the Adult Use of Marijuana Act (AUMA).
EXISTING LAW:
- Establishes the Bureau of Marijuana Control, also referred to as the Bureau of Medical Cannabis Regulation (Bureau), under the Department of Consumer Affairs (DCA), to establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale of cannabis products. (Business and Professions Code (BPC) § 26000 et seq.; BPC § 19302)
- Authorizes the Medical Board of California to consult with the California Marijuana Research Program, known as the Center for Medicinal Cannabis Research, on developing and adopting medical guidelines for the appropriate administration and use of medical cannabis. (BPC § 2525.1; Health and Safety Code § 11362.9)
- Directs the Bureau to contract with the California Marijuana Research Program, known as the Center for Medicinal Cannabis Research, to develop a study that identifies the impact that cannabis has on motor skills. (BPC § 19354; HSC § 11362.9)
- States the intent of the Legislature that the state commission objective scientific research by the University of California, regarding the efficacy and safety of administering marijuana as part of medical treatment. (HSC § 11362.9 (a)(1))
- Authorizes the Regents of the University of California, by appropriate resolution, to direct the University of California to create a program, to be known as the California Marijuana Research Program. (HSC § 11362.9 (a)(2))
- Specifies that the program shall develop and conduct studies intended to ascertain the general medical safety and efficacy of marijuana and develop medical guidelines for the appropriate administration and use of marijuana including the effect of marijuana on motor skills.
THIS BILL:
- Renames the California Marijuana Research Program (Program) as the Center for Cannabis Research (CCR) and would expand the purview of the CCR to include the study of naturally occurring constituents of cannabis and synthetic compounds that have effects similar to naturally occurring cannabinoids.
- Permits research studies to examine the effects of marijuana on motor skills and other behavioral health outcomes.
- Authorizes the CCR to cultivate cannabis to be used exclusively for research purposes and to contract with a private entity to provide expertise in cultivating medical cannabis.
- Requires the campuses at which research under the auspices of the program is to take place to have laboratory facilities for detection and analysis of various naturally occurring and synthetic cannabinoids, as well as storage of specimens or synthetic compounds that simulate the effects of naturally occurring cannabinoids.
- Specifies that the studies may focus on examining testing methods for detecting harmful contaminants in marijuana, including, but not limited to, mold, bacteria and mycotoxins that could cause harm to patients.
- Permits the programs to cultivate cannabis to be used exclusively for research purposes and may contract with a private entity to provide expertise in cultivating medical cannabis.
- Specifies that by July 1, 2017, the program shall report to the Legislature, the Governor, and the Attorney General on the progress of the marijuana studies.
- States that the program shall issue a report to the Legislature every year detailing the progress of the studies.
- Requires the President of the University of California, on the advice of the Director of the Program, to appoint a multidisciplinary Scientific Advisory Council, not to exceed 15 members, to provide policy guidance in the creation and implementation of the CCR.
- States that it is the intent of the Legislature that the state commission objective scientific research by the University of California under the Center for Cannabis Research program to study the implementation and effect of the Control, Regulate and Tax AUMA.
- Amends the provisions of the AUMA to require the Bureau of Marijuana Control to consider selecting the University of California and the Center for Cannabis Research program when selecting a public university or public universities to be funded to research and evaluate the implementation and effect of AUMA.
FISCAL EFFECT: Unknown. This bill has been keyed fiscal by the Legislative Counsel.
COMMENTS:
Purpose. This bill is sponsored by the author. According to the author, “Currently, the University of Mississippi is the only source in the United States for research institutions to obtain marijuana. This can create time delays and uncertainty for studies. Also, the low potency of marijuana available to researchers from the University of Mississippi prevents them from completing effective research. Patients and recreational users often consume products two to three times more potent than what is available from the University. AB 1002 allows the Center for Medical Cannabis Research to apply for a license through the DEA to cultivate marijuana for research purposes, and subject to federal approval, hire outside expertise familiar with cultivating. The bill also renames the Center for Medicinal Cannabis Research to the Center for Cannabis Research.”
Background. Cannabis. The cannabis plant produces a resin containing compounds called cannabinoids, which are the active ingredients that directly affect the central nervous and immune systems in the human body. Some cannabinoids are psychoactive, which act on the brain and have the potential to alter mood or consciousness. Two of the primary active cannabinoids within the cannabis plant are tetrahydrocannabinol (THC) and cannabidiol (CBD). Results from the limited research on the medicinal properties and adverse effects of cannabis suggest that cannabinoids are associated with improved symptoms of patients with a variety of clinical symptoms, though not all studies have yielded statistically significant results. For example, some studies provide limited evidence that cannabinoids may be beneficial for conditions such as spasticity resulting from multiple sclerosis, and pain due to chronic neuropathy and cancer (National Institutes of Health website: https://nccih.nih.gov/health/marijuana). However, clinical trials on the medical efficacy of cannabis are extremely limited because the federal government considers the cannabis plant a Schedule I drug, and therefore it is considered a dangerous controlled substance with no accepted medical benefits and a high potential for abuse.
Cannabis Regulation in California. In 1996, California voters passed Proposition 215, legalizing the use of medical cannabis in the state. In October 2015, nearly 20 years after the authorization of the use of medical cannabis, Governor Jerry Brown signed into law the MCRSA. The MCRSA provides a comprehensive regulatory system for the cultivation, manufacture, transportation, storage, distribution, and sale of medical cannabis to be administered by the DCA, CDFA, and DPH. In 2016, the voters of California passed Proposition 64, the Adult Use of Marijuana Act (AUMA), to legalize the recreational use of cannabis in the state by 2018. The AUMA passed with 57% voter approval.
Cannabis Research at the University of Mississippi. Currently, the University of Mississippi, operating under a contract with the National Institute for Drug Abuse (NIDA), is the sole entity authorized to produce cannabis to supply researchers in the United States. The quality of the cannabis that the university utilizes for research has been scrutinized in various news reports. Specifically, concerns have been shared about the condition of the samples. Additionally, questions have been raised about the ability to extrapolate the impact of cannabis when the samples utilized in research are not potent enough to simulate the effects of higher cannabis consumption.
2016 DEA Policy on Cannabis Supplied for Research Purposes. On August 11, 2016, the DEA announced a policy change designed to foster research by expanding the number of DEA- registered cannabis manufacturers. This change is intended to provide researchers with a more varied and robust supply of cannabis. The DEA’s new policy will allow additional entities to apply to become registered with the DEA so that they may grow and distribute cannabis for FDA-authorized research purposes.
Cannabis Research in California. In 1999, legislation was enacted forming the University of California Center for Medical Cannabis Research (SB 847 (Vasconcellos)). According to the Center, its purpose is to coordinate rigorous scientific studies to assess the safety and efficacy of cannabis and cannabis compounds for treating medical conditions via a three year program overseeing objective, high quality medical research that will enhance understanding of the efficacy and adverse effects of marijuana as a pharmacological agent.
The Center serves as a hub for cannabis research throughout the State of California. Research has focused on the potential medicinal benefits of cannabis for diseases and conditions identified by the National Academy of Sciences, Institute of Medicine Report (1999) and by the Workshop on the Medical Utility of Marijuana, National Institutes of Health (1997). Studies have examined the analgesic efficacy of cannabis on experimental models of neuropathic pain, neuropathic pain from HIV and diabetes, and neuropathic pain of diverse etiology. Additionally, studies have evaluated the efficacy of cannabis for the treatment of spasticity in multiple sclerosis. Current research includes a NIDA funded study comparing oral delta-9-THC (dronabinol) to vaporized cannabis for alleviation of chronic neuropathic low back pain. Additionally, the Center will be assisting the state of California in evaluating the effects of cannabis on driving pursuant to AB 266 (Bonta) of 2015 and consulting with the California Medical board on prescribing practices pursuant to SB 643 (McGuire) of 2015.
AMENDMENTS:
The author should make the following technical amendments to the bill:
(p)(1) By July 1 2017 2018, the program shall report to the Legislature, the Governor, and the Attorney General on the progress of the marijuana studies.
(e) (e) The Controller shall next disburse the sum of two million dollars ($2,000,000) annually to the University of California San Diego Center for Medicinal Cannabis Research to further the objectives of the center including the enhanced understanding of the efficacy and adverse effects of marijuana as a pharmacological agent.
REGISTERED SUPPORT:
None on file.
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by: Le Ondra Clark Harvey Ph.D. / B. & P. / (916) 319-3301
Discussed in Hearing
Senate Standing Committee on Business, Professions and Economic Development
Bill Author
Bill Co-Author(s):