Bills

AB 1254: Production or cultivation of a controlled substance: civil penalties.

  • Session Year: 2017-2018
  • House: Assembly
  • Latest Version Date: 2017-07-10
Version:
(1)Existing

Existing law makes a person found to have violated specified provisions of law generally protecting fish and wildlife, water, or other natural resources in connection with the production or cultivation of a controlled substance liable for a civil penalty in addition to any penalties imposed by any other law. Existing law authorizes the imposition of larger fines on a person who violates one of these provisions on specified types of public or private land or while the person was trespassing on public or private land than on a person who violates one of these provisions on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner. With respect to a violation that occurs on land that a person owns, leases, or otherwise uses or occupies with the consent of the landowner, existing law makes each day that a violation occurs or continues to occur a separate violation. violation subject to the additional civil penalty.

This bill would also make each day that a violation occurs or continues to occur on the specified types of public or private land or while the person was trespassing on public or private land a separate violation. violation subject to the additional civil penalty.

(2)Under existing law, a person or entity who diverts or uses water for cannabis cultivation for which a license is required, but has not been obtained, pursuant to specified provisions of the Medical Marijuana Regulation and Safety Act is liable for specified civil penalties.This bill would also make a violation of this provision a misdemeanor subject to specified criminal penalties. By creating a new crime, this bill would impose a state-mandated local program.(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.

Discussed in Hearing

Senate Standing Committee on Natural Resources and Water7MIN
Jun 27, 2017

Senate Standing Committee on Natural Resources and Water

Assembly Standing Committee on Water, Parks, and Wildlife5MIN
Apr 25, 2017

Assembly Standing Committee on Water, Parks, and Wildlife

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News Coverage:

AB 1254: Production or cultivation of a controlled substance: civil penalties. | Digital Democracy