AB 1996: The California Cannabis Research Program.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-08-24
Existing law, if the Regents of the University of California accept the responsibility, requires the University of California to establish the California Cannabis Research Program, also sometimes referred to as the California Marijuana Research Program or the Center for Medicinal Cannabis Research, in order to develop and conduct studies intended to ascertain the general medical safety and efficacy of cannabis, among other duties. 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 Cannabis 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 $2,000,000 to the University of San Diego Center for Medicinal Cannabis Research.
This bill would conform the name of the program throughout the code, including for purposes of the appropriation made by AUMA, as the California Cannabis Research Program and would specify that the program is hosted by the Center for Cannabis Research. The bill would authorize the program to cultivate cannabis for its use in research, as specified. The bill 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 and would also authorize the controlled clinical trials to focus on examining testing methods for detecting harmful contaminants in cannabis, including mold and bacteria. The bill would prohibit the use of specified funds from the California Cannabis Tax Fund from being used for these purposes.
Existing law requires the program to report to the Legislature every 6 months detailing the progress of the studies.
This bill would, instead, require the program to report to the Legislature every 24 months.
Existing law, if the Regents of the University of California accept the responsibility, requires the University of California to establish the California Cannabis Research Program, also sometimes referred to as the California Marijuana Research Program or the Center for Medicinal Cannabis Research, in order to develop and conduct studies intended to ascertain the general medical safety and efficacy of cannabis, among other duties. 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 Cannabis 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 $2,000,000 to the University of San Diego Center for Medicinal Cannabis Research.
This bill would conform the name of the program throughout the code, including for purposes of the appropriation made by AUMA, as the California Cannabis Research Program and would specify that the program is hosted by the Center for Cannabis Research. The bill would authorize the program to cultivate cannabis for its use in research, as specified. The bill 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 and would also authorize the controlled clinical trials to focus on examining testing methods for detecting harmful contaminants in cannabis, including mold and bacteria. The bill would prohibit the use of specified funds from the California Cannabis Tax Fund from being used for these purposes.
Existing law requires the program to report to the Legislature every 6 months detailing the progress of the studies.
This bill would, instead, require the program to report to the Legislature every 24 months.
Existing law, if the Regents of the University of California accept the responsibility, requires the University of California to establish the California Cannabis Research Program, also sometimes referred to as the California Marijuana Research Program or the Center for Medicinal Cannabis Research, in order to develop and conduct studies intended to ascertain the general medical safety and efficacy of cannabis, among other duties. 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 Cannabis 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 $2,000,000 to the University of San Diego Center for Medicinal Cannabis Research.
This bill would conform the name of the program throughout the code, including for purposes of the appropriation made by AUMA, as the California Cannabis Research Program and would specify that the program is hosted by the Center for Cannabis Research. The bill would authorize the program to cultivate cannabis for its use in research, as specified. The bill 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 and would also authorize the controlled clinical trials to focus on examining testing methods for detecting harmful contaminants in cannabis, including mold and bacteria. The bill would prohibit the use of specified funds from the California Cannabis Tax Fund from being used for these purposes.
Existing law requires the program to report to the Legislature every 6 months detailing the progress of the studies.
This bill would, instead, require the program to report to the Legislature every 24 months.
Existing law, if the Regents of the University of California accept the responsibility, requires the University of California to establish the California Cannabis Research Program, also sometimes referred to as the California Marijuana Research Program or the Center for Medicinal Cannabis Research, in order to develop and conduct studies intended to ascertain the general medical safety and efficacy of cannabis, among other duties. 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 Cannabis 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 $2,000,000 to the University of San Diego Center for Medicinal Cannabis Research.
This bill would conform the name of the program throughout the code, including for purposes of the appropriation made by AUMA, as the California Cannabis Research Program and would specify that the program is hosted by the Center for Cannabis Research. The bill would authorize the program to cultivate cannabis for its use in research, as specified. The bill 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 and would also authorize the controlled clinical trials to focus on examining testing methods for detecting harmful contaminants in cannabis, including mold and bacteria. The bill would prohibit the use of specified funds from the California Cannabis Tax Fund from being used for these purposes.
Existing law requires the program to report to the Legislature every 6 months detailing the progress of the studies.
This bill would, instead, require the program to report to the Legislature every 24 months.
Existing law, if the Regents of the University of California accept the responsibility, requires the University of California to establish the California Cannabis Research Program, also sometimes referred to as the California Marijuana Research Program or the Center for Medicinal Cannabis Research, in order to develop and conduct studies intended to ascertain the general medical safety and efficacy of cannabis, among other duties. 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 Cannabis 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 $2,000,000 to the University of San Diego Center for Medicinal Cannabis Research.
This bill would conform the name of the program throughout the code, including for purposes of the appropriation made by AUMA, as the California Cannabis Research Program and would specify that the program is hosted by the Center for Cannabis Research.
The Medical Board of California shall consult with the 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 medicinal cannabis.
SEC. 2.Section 26190.5 of the Business and Professions Code is amended to read:26190.5.The bureau shall contract with the California Cannabis Research Program, 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 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, hosted by the Center for Cannabis Research.
(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 examine the effect of cannabis on motor skills, the health and safety effects of cannabis, 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 the general medical efficacy and safety of cannabis.
(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 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 medicinal quality. Cannabis used by the program may be obtained from the National Institute on Drug Abuse or any other federal agency designated to supply cannabis for authorized research or from the Attorney General pursuant to Section 11478, or may be cultivated by the program, so long as the cultivation is approved by the National Institute on Drug Abuse or other appropriate federal agency and is compliant with federal regulations.
(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 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 the interaction of cannabis 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 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 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)(1)Within six months of the effective date of this section, 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 24 months 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)If the Regents of the University of California implement this section, the President of the University of California 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)No more than 10 percent of the total funds appropriated may be used for all aspects of the administration of this section.
(r)This section shall be implemented only to the extent that funding for its purposes is appropriated by the Legislature.
(s)Money appropriated to the program pursuant to subdivision (e) of Section 34019 of the Revenue and Taxation Code shall not be used for any of the purposes added by the act that added this subdivision.
SEC. 4.Section 2429.7 of the Vehicle Code is amended to read:2429.7.(a)The commissioner shall appoint an impaired driving task force to develop recommendations for best practices, protocols, proposed legislation, and other policies that will address the issue of impaired driving, including driving under the influence of cannabis and controlled substances. The task force shall also examine the use of technology, including field testing technologies and validated field sobriety tests, to identify drivers under the influence of prescription drugs, cannabis, and controlled substances. The task force shall include, but is not limited to, the commissioner, who shall serve as chairperson, and at least one member from each of the following:
(1)The Office of Traffic Safety.
(2)The National Highway Traffic Safety Administration.
(3)Local law enforcement.
(4)District attorneys.
(5)Public defenders.
(6)California Association of Crime Laboratory Directors.
(7)California Attorneys for Criminal Justice.
(8)The California Cannabis Research Program, authorized pursuant to Section 11362.9 of the Health and Safety Code.
(9)An organization that represents medicinal cannabis patients.
(10)Licensed physicians with expertise in substance abuse disorder treatment.
(11)Researchers with expertise in identifying impairment caused by prescription medications and controlled substances.
(12)Nongovernmental organizations committed to social justice issues.
(13)A nongovernmental organization that focuses on improving roadway safety.
(b)The members of the task force shall serve at the pleasure of the commissioner and without compensation.
(c)The task force members shall be free of economic relationships with any company that profits from the sale of technologies or equipment that is intended to identify impairment. Members and their organizations shall not receive pay from, grants from, or any form of financial support from companies or entities that sell such technologies or equipment.
(d)The task force shall make recommendations regarding prevention of impaired driving, means of identifying impaired driving, and responses to impaired driving that reduce reoccurrence, including, but not limited to, evidence-based approaches that do not rely on incarceration.
(e)The task force shall make recommendations regarding how to best capture data to evaluate the impact that cannabis legalization is having on roadway safety.
(f)By January 1, 2021, the task force shall report to the Legislature its policy recommendations and the steps state agencies are taking regarding impaired driving. The report shall be submitted in compliance with Section 9795 of the Government Code.
The Medical Board of California shall consult with the 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 medicinal cannabis.
SEC. 2.Section 26190.5 of the Business and Professions Code is amended to read:26190.5.The bureau shall contract with the California Cannabis Research Program, 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 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, hosted by the Center for Cannabis Research.
(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 examine the effect of cannabis on motor skills, the health and safety effects of cannabis, 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 the general medical efficacy and safety of cannabis.
(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 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 medicinal quality. Cannabis used by the program may be obtained from the National Institute on Drug Abuse or any other federal agency designated to supply cannabis for authorized research or from the Attorney General pursuant to Section 11478, or may be cultivated by the program, so long as the cultivation is approved by the National Institute on Drug Abuse or other appropriate federal agency and is compliant with federal regulations.
(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 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 the interaction of cannabis 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 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 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)(1)Within six months of the effective date of this section, 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 24 months 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)If the Regents of the University of California implement this section, the President of the University of California 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)No more than 10 percent of the total funds appropriated may be used for all aspects of the administration of this section.
(r)This section shall be implemented only to the extent that funding for its purposes is appropriated by the Legislature.
(s)Money appropriated to the program pursuant to subdivision (e) of Section 34019 of the Revenue and Taxation Code shall not be used for any of the purposes added by the act that added this subdivision.
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, those 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 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 that 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 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 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 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 cooccurring 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 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, 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 that 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)Prior to July 1, 2028, the Legislature may not change the allocations to programs specified in subdivisions (d) and (f). 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. SEC. 5.SEC. 4.Section 2429.7 of the Vehicle Code is amended to read:2429.7.(a)The commissioner shall appoint an impaired driving task force to develop recommendations for best practices, protocols, proposed legislation, and other policies that will address the issue of impaired driving, including driving under the influence of cannabis and controlled substances. The task force shall also examine the use of technology, including field testing technologies and validated field sobriety tests, to identify drivers under the influence of prescription drugs, cannabis, and controlled substances. The task force shall include, but is not limited to, the commissioner, who shall serve as chairperson, and at least one member from each of the following:
(1)The Office of Traffic Safety.
(2)The National Highway Traffic Safety Administration.
(3)Local law enforcement.
(4)District attorneys.
(5)Public defenders.
(6)California Association of Crime Laboratory Directors.
(7)California Attorneys for Criminal Justice.
(8)The California Cannabis Research Program, authorized pursuant to Section 11362.9 of the Health and Safety Code.
(9)An organization that represents medicinal cannabis patients.
(10)Licensed physicians with expertise in substance abuse disorder treatment.
(11)Researchers with expertise in identifying impairment caused by prescription medications and controlled substances.
(12)Nongovernmental organizations committed to social justice issues.
(13)A nongovernmental organization that focuses on improving roadway safety.
(b)The members of the task force shall serve at the pleasure of the commissioner and without compensation.
(c)The task force members shall be free of economic relationships with any company that profits from the sale of technologies or equipment that is intended to identify impairment. Members and their organizations shall not receive pay from, grants from, or any form of financial support from companies or entities that sell such technologies or equipment.
(d)The task force shall make recommendations regarding prevention of impaired driving, means of identifying impaired driving, and responses to impaired driving that reduce reoccurrence, including, but not limited to, evidence-based approaches that do not rely on incarceration.
(e)The task force shall make recommendations regarding how to best capture data to evaluate the impact that cannabis legalization is having on roadway safety.
(f)By January 1, 2021, the task force shall report to the Legislature its policy recommendations and the steps state agencies are taking regarding impaired driving. The report shall be submitted in compliance with Section 9795 of the Government Code.
The Medical Board of California shall consult with the 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 medicinal cannabis.
SEC. 2.Section 26190.5 of the Business and Professions Code is amended to read:26190.5.The bureau shall contract with the California Cannabis Research Program, 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 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, hosted by the Center for Cannabis Research.
(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 examine the effect of cannabis on motor skills, the health and safety effects of cannabis, 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 thegeneral the general medical efficacy and safety of cannabis.
(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 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 medicinal quality. Cannabis used by the program may be obtained from the National Institute on Drug Abuse or any other federal agency designated to supply cannabis for authorized research or from the Attorney General pursuant to Section 11478, or may be cultivated by the program, so long as the cultivation is approved by the National Institute on Drug Abuse or other appropriate federal agency and is compliant with federal regulations.
(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 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 the interaction of cannabis 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 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 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)(1)Within six months of the effective date of this section, 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 24 months 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)If the Regents of the University of California implement this section, the President of the University of California 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)No more than 10 percent of the total funds appropriated may be used for all aspects of the administration of this section.
(r)This section shall be implemented only to the extent that funding for its purposes is appropriated by the Legislature.
(s)Money appropriated to the program pursuant to subdivision (e) of Section 34019 of the Revenue and Taxation Code shall not be used for any of the purposes added by the act that added this subdivision.
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, those 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 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 that 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 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 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 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 cooccurring 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 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, 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 that 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)Prior to July 1, 2028, the Legislature may not change the allocations to programs specified in subdivisions (d) and (f). 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.
SEC. 5.Section 2429.7 of the Vehicle Code is amended to read:2429.7.(a)The commissioner shall appoint an impaired driving task force to develop recommendations for best practices, protocols, proposed legislation, and other policies that will address the issue of impaired driving, including driving under the influence of cannabis and controlled substances. The task force shall also examine the use of technology, including field testing technologies and validated field sobriety tests, to identify drivers under the influence of prescription drugs, cannabis, and controlled substances. The task force shall include, but is not limited to, the commissioner, who shall serve as chairperson, and at least one member from each of the following:
(1)The Office of Traffic Safety.
(2)The National Highway Traffic Safety Administration.
(3)Local law enforcement.
(4)District attorneys.
(5)Public defenders.
(6)California Association of Crime Laboratory Directors.
(7)California Attorneys for Criminal Justice.
(8)The California Cannabis Research Program, authorized pursuant to Section 11362.9 of the Health and Safety Code.
(9)An organization that represents medicinal cannabis patients.
(10)Licensed physicians with expertise in substance abuse disorder treatment.
(11)Researchers with expertise in identifying impairment caused by prescription medications and controlled substances.
(12)Nongovernmental organizations committed to social justice issues.
(13)A nongovernmental organization that focuses on improving roadway safety.
(b)The members of the task force shall serve at the pleasure of the commissioner and without compensation.
(c)The task force members shall be free of economic relationships with any company that profits from the sale of technologies or equipment that is intended to identify impairment. Members and their organizations shall not receive pay from, grants from, or any form of financial support from companies or entities that sell such technologies or equipment.
(d)The task force shall make recommendations regarding prevention of impaired driving, means of identifying impaired driving, and responses to impaired driving that reduce reoccurrence, including, but not limited to, evidence-based approaches that do not rely on incarceration.
(e)The task force shall make recommendations regarding how to best capture data to evaluate the impact that cannabis legalization is having on roadway safety.
(f)By January 1, 2021, the task force shall report to the Legislature its policy recommendations and the steps state agencies are taking regarding impaired driving. The report shall be submitted in compliance with Section 9795 of the Government Code.
The Medical Board of California shall consult with the 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 medicinal cannabis.
SEC. 2.Section 26190.5 of the Business and Professions Code is amended to read:26190.5.The bureau shall contract with the California Cannabis Research Program, 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 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, hosted by the Center for Cannabis Research.
(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 examine the effect of cannabis on motor skills. skills, the health and safety effects of cannabis, 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, 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 thegeneral medical efficacy and safety. safety of cannabis.
(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 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, occur partly at University of California campuses, campuses and partly at other postsecondary institutions, 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 medicinal quality and shall quality. Cannabis used by the program may 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, research or from the Attorney General shall provide an adequate supply General pursuant to Section 11478. 11478, or may be cultivated by the program, so long as the cultivation is approved by the National Institute on Drug Abuse or other appropriate federal agency and is compliant with federal regulations.
(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 the interaction of cannabis 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 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 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)(1)Within six months of the effective date of this section, 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 24 months 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)If the Regents of the University of California implement this section, the President of the University of California 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)No more than 10 percent of the total funds appropriated may be used for all aspects of the administration of this section.
(r)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.
(s)Money appropriated to the program pursuant to subdivision (e) of Section 34019 of the Revenue and Taxation Code shall not be used for any of the purposes added by the act that added this subdivision.
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, those 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 that 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 short- and long term 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 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, 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 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, 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 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 that 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)Prior to July 1, 2028, the Legislature may not change the allocations to programs specified in subdivisions (d) and (f). 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.
SEC. 5.Section 2429.7 of the Vehicle Code is amended to read:2429.7.(a)The commissioner shall appoint an impaired driving task force to develop recommendations for best practices, protocols, proposed legislation, and other policies that will address the issue of impaired driving, including driving under the influence of cannabis and controlled substances. The task force shall also examine the use of technology, including field testing technologies and validated field sobriety tests, to identify drivers under the influence of prescription drugs, cannabis, and controlled substances. The task force shall include, but is not limited to, the commissioner, who shall serve as chairperson, and at least one member from each of the following:
(1)The Office of Traffic Safety.
(2)The National Highway Traffic Safety Administration.
(3)Local law enforcement.
(4)District attorneys.
(5)Public defenders.
(6)California Association of Crime Laboratory Directors.
(7)California Attorneys for Criminal Justice.
(8)The California Cannabis Research Program, authorized pursuant to Section 11362.9 of the Health and Safety Code.
(9)An organization that represents medicinal cannabis patients.
(10)Licensed physicians with expertise in substance abuse disorder treatment.
(11)Researchers with expertise in identifying impairment caused by prescription medications and controlled substances.
(12)Nongovernmental organizations committed to social justice issues.
(13)A nongovernmental organization that focuses on improving roadway safety.
(b)The members of the task force shall serve at the pleasure of the commissioner and without compensation.
(c)The task force members shall be free of economic relationships with any company that profits from the sale of technologies or equipment that is intended to identify impairment. Members and their organizations shall not receive pay from, grants from, or any form of financial support from companies or entities that sell such technologies or equipment.
(d)The task force shall make recommendations regarding prevention of impaired driving, means of identifying impaired driving, and responses to impaired driving that reduce reoccurrence, including, but not limited to, evidence-based approaches that do not rely on incarceration.
(e)The task force shall make recommendations regarding how to best capture data to evaluate the impact that cannabis legalization is having on roadway safety.
(f)By January 1, 2021, the task force shall report to the Legislature its policy recommendations and the steps state agencies are taking regarding impaired driving. The report shall be submitted in compliance with Section 9795 of the Government Code.
The Medical Board of California shall consult with the California Marijuana Cannabis 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 medicinal cannabis.
SEC. 2.Section 26190.5 of the Business and Professions Code is amended to read:26190.5.The bureau shall contract with the California Cannabis Research Program, known as the Center for Medicinal Cannabis Research, and formerly known as the California Marijuana Research Program, 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 cannabis 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. Program, hosted by the Center for Cannabis Research.
(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.
(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 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 medicinal 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.
(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)(1)Within six months of the effective date of this section, 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 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 study, by disease.
(C)Any scientifically valid preliminary findings.
(p)If the Regents of the University of California implement this section, the President of the University of California 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)No more than 10 percent of the total funds appropriated may be used for all aspects of the administration of this section.
(r)This section shall be implemented only to the extent that funding for its purposes is appropriated by the Legislature in the annual Budget Act.
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 those 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. 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 that 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 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 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 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 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 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 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 that 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)Prior to July 1, 2028, the Legislature may not change the allocations to programs specified in subdivisions (d) and (f). 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.Section 2429.7 of the Vehicle Code is amended to read:2429.7.(a)The commissioner shall appoint an impaired driving task force to develop recommendations for best practices, protocols, proposed legislation, and other policies that will address the issue of impaired driving, including driving under the influence of cannabis and controlled substances. The task force shall also examine the use of technology, including field testing technologies and validated field sobriety tests, to identify drivers under the influence of prescription drugs, cannabis, and controlled substances. The task force shall include, but is not limited to, the commissioner, who shall serve as chairperson, and at least one member from each of the following:
(1)The Office of Traffic Safety.
(2)The National Highway Traffic Safety Administration.
(3)Local law enforcement.
(4)District attorneys.
(5)Public defenders.
(6)California Association of Crime Laboratory Directors.
(7)California Attorneys for Criminal Justice.
(8)The California Cannabis Research Program, known as the Center for Medicinal Cannabis Research, authorized pursuant to Section 11362.9 of the Health and Safety Code.
(9)An organization that represents medicinal cannabis patients.
(10)Licensed physicians with expertise in substance abuse disorder treatment.
(11)Researchers with expertise in identifying impairment caused by prescription medications and controlled substances.
(12)Nongovernmental organizations committed to social justice issues.
(13)A nongovernmental organization that focuses on improving roadway safety.
(b)The members of the task force shall serve at the pleasure of the commissioner and without compensation.
(c)The task force members shall be free of economic relationships with any company that profits from the sale of technologies or equipment that is intended to identify impairment. Members and their organizations shall not receive pay from, grants from, or any form of financial support from companies or entities that sell such technologies or equipment.
(d)The task force shall make recommendations regarding prevention of impaired driving, means of identifying impaired driving, and responses to impaired driving that reduce reoccurrence, including, but not limited to, evidence-based approaches that do not rely on incarceration.
(e)The task force shall make recommendations regarding how to best capture data to evaluate the impact that cannabis legalization is having on roadway safety.
(f)By January 1, 2021, the task force shall report to the Legislature its policy recommendations and the steps state agencies are taking regarding impaired driving. The report shall be submitted in compliance with Section 9795 of the Government Code.
|
Date
|
Status
|
|---|---|
| Sep 20, 2018 | Vetoed by Governor. |
| Aug 28, 2018 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 23, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 20, 2018 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 22 pursuant to Assembly Rule 77. |
| Aug 20, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 15, 2018 | Read second time. Ordered to third reading. |
| Aug 14, 2018 | Read third time and amended. Ordered to second reading. |
| Aug 7, 2018 | Read second time. Ordered to third reading. |
| Aug 6, 2018 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 11, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 11). Re-referred to Com. on APPR. |
| Jun 6, 2018 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D. |
| May 24, 2018 | Referred to Com. on B., P. & E.D. |
| May 10, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 10, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 3, 2018 | Read second time. Ordered to Consent Calendar. |
| May 2, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 2). |
| Apr 17, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 16. Noes 0.) (April 17). Re-referred to Com. on APPR. |
| Apr 9, 2018 | Re-referred to Com. on B. & P. |
| Apr 5, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Mar 22, 2018 | Referred to Com. on B. & P. |
| Feb 2, 2018 | From printer. May be heard in committee March 4. |
| Feb 1, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 23, 2018 | AB 1996 LACKEY Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 20, 2018 | Assembly 3rd Reading AB1996 Lackey et al. By Wilk | Senate Floor |
Passed |
|
| Jun 11, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
|
| May 10, 2018 | AB 1996 LACKEY Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 2, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 17, 2018 | 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
|
|---|---|---|
| California Cannabis Coalition | ** Support | Aug 15, 2018 |
| California Cannabis Industry Association | * Support | Jun 11, 2018 |
| California Minority Alliance: Inland Empire | ** Support | Aug 15, 2018 |
| Eaze Solutions, Inc. | ** Support | Aug 15, 2018 |
GOVERNOR'S VETO
GV Bill Id:AB 1996
Author:(Lackey)
As Enrolled Ver:August 28, 2018
2/3 vote
ASSEMBLY: | 73-0 | (May 10, 2018) | SENATE: | 38-1 | (August 20, 2018) |
ASSEMBLY: | 78-0 | (August 23, 2018) |
|
|
Original Committee Reference: B. & P.
SUMMARY: This bill renames the California Marijuana Research Program (also known as the Center for Medicinal Cannabis Research) as the California Cannabis Research Program, in areas of the code where this change has not yet been made. This bill expands the potential research areas of the California Cannabis Research Program to include the study of synthetic compounds that have similar effects to cannabis and to examine the health and safety effects of cannabis and other issues. This bill authorizes the California Cannabis Research Program to cultivate cannabis, in compliance with federal regulations.
The Senate amendments delete the changes to the Revenue and Taxation Code that specifically requires the Bureau of Cannabis Control to consider providing specified state funding to the California Cannabis Research Program and make a technical correction.
EXISTING LAW:
- Establishes the Bureau of Cannabis Control (Bureau) under the Department of Consumer Affairs, to establish a comprehensive system to control and regulate the distribution, transport, storage, and sale of cannabis products. (Business and Professions Code Section 26000 et seq.)
- 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. (Business and Professions Code Section 2525.1)
- Directs the Bureau to contract with the California Cannabis Research Program, known as the Center for Medicinal Cannabis Research, to develop a study that identifies the impact that cannabis has on motor skills. (Business and Professions Code Section 19354)
- 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 cannabis as part of medical treatment. (Health and Safety Code Section 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 Cannabis Research Program. (Health and Safety Code Section 11362.9(a)(1))
- Specifies that the California Cannabis Research Program shall develop and conduct studies intended to ascertain the general medical safety and efficacy of cannabis and develop medical guidelines for the appropriate administration and use of cannabis including the effect of cannabis on motor skills. (Health and Safety Code Section 11362.9(a)(2))
- Requires the California Cannabis Research Program to ensure that all cannabis used in studies is of appropriate quality and shall be obtained from the National Institute on Drug Abuse or the Attorney General, pursuant to Health and Safety Code Section 11478. (Health and Safety Code Section 11362.9(j))
- Establishes specific continuous appropriations of state tax revenue relating to commercial cannabis activity, including an annual appropriation of $10 million to a public university or universities, from 2018-19 to 2028-29, for research and evaluation of the legal cannabis market. (Revenue and Taxation Code Section 34019(b))
- Appropriates $2 million per year to the University of California San Diego Center for Medicinal Cannabis Research (host of the California Cannabis Research Program). (Revenue and Taxation Code Section 34019(e))
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: Cannabis Research in California. In 1999, legislation was enacted forming the University of California Center for Medical Cannabis Research (SB 847 (Vasconcellos), Chapter 750). 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. Additionally, the Center will be assisting the state of California in evaluating the effects of cannabis on driving pursuant to AB 266 (Bonta), Chapter 689, Statutes of 2015, and consulting with the California Medical board on prescribing practices pursuant to SB 643 (McGuire), Chapter 719, Statutes of 2015.
The University of California is established in the California Constitution as an independent entity. Therefore, the Legislature has very limited control over the University. Therefore, existing law relating to the Center for Cannabis Research generally requests the University to establish the program or states legislative intent that the Program to undertake specified activities.
Funding for cannabis research. Proposition 64 (2016), which legalized adult-use cannabis, allocates a portion of the state tax collections from cannabis activity for specified purposes. Included in those allocations is $2 million per year for the University of California San Diego Center for Medicinal Cannabis Research (host of the California Cannabis Research Program). This bill prohibits that funding to be used for any new activities requested under this bill. However, those funds can be used to support the Program and fund other cannabis-related research. In addition, Proposition 64 allocates $10 million per year for research at public universities, some portion of which may be made available to the Program. For example, in the past the Program was the administering agency for some state funding made available for cannabis research.
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 Drug Enforcement Agency (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. However, the Department of Justice appears to have put all applications for registration on hold.
This bill renames the California Marijuana Research Program as the California Cannabis Research Program and expands the areas of research that can be undertaken. The bill also prohibits the money appropriated to the Cannabis Research Program from the Cannabis Tax Fund to pay for the provisions of this bill.
This bill contains provisions that directly conflict with the Control, Regulate, and Tax Adult Use of Marijuana Act, which the voters approved in November 2016. For this reason, I cannot support this measure.
Analysis Prepared by: Brendan McCarthy / B. & P. / (916) 319-3301 FN: 0005257
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1996
Author:(Lackey)
As Amended Ver:August 14, 2018
Majority vote
ASSEMBLY: | 73-0 | (May 10, 2018) | SENATE: | 38-1 | (August 20, 2018) |
Original Committee Reference: B. & P.
SUMMARY: This bill renames the California Marijuana Research Program (also known as the Center for Medicinal Cannabis Research) as the California Cannabis Research Program, in areas of the code where this change has not yet been made. This bill expands the potential research areas of the California Cannabis Research Program to include the study of synthetic compounds that have similar effects to cannabis and to examine the health and safety effects of cannabis and other issues. This bill authorizes the California Cannabis Research Program to cultivate cannabis, in compliance with federal regulations.
The Senate amendments delete the changes to the Revenue and Taxation Code that specifically requires the Bureau of Cannabis Control to consider providing specified state funding to the California Cannabis Research Program and make a technical correction.
EXISTING LAW:
- Establishes the Bureau of Cannabis Control (Bureau) under the Department of Consumer Affairs, to establish a comprehensive system to control and regulate the distribution, transport, storage, and sale of cannabis products. (Business and Professions Code Section 26000 et seq.)
- 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. (Business and Professions Code Section 2525.1)
- Directs the Bureau to contract with the California Cannabis Research Program, known as the Center for Medicinal Cannabis Research, to develop a study that identifies the impact that cannabis has on motor skills. (Business and Professions Code Section 19354)
- 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 cannabis as part of medical treatment. (Health and Safety Code Section 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 Cannabis Research Program. (Health and Safety Code Section 11362.9(a)(1))
- Specifies that the California Cannabis Research Program shall develop and conduct studies intended to ascertain the general medical safety and efficacy of cannabis and develop medical guidelines for the appropriate administration and use of cannabis including the effect of cannabis on motor skills. (Health and Safety Code Section 11362.9(a)(2))
- Requires the California Cannabis Research Program to ensure that all cannabis used in studies is of appropriate quality and shall be obtained from the National Institute on Drug Abuse or the Attorney General, pursuant to Health and Safety Code Section 11478. (Health and Safety Code Section 11362.9(j))
- Establishes specific continuous appropriations of state tax revenue relating to commercial cannabis activity, including an annual appropriation of $10 million to a public university or universities, from 2018-19 to 2028-29, for research and evaluation of the legal cannabis market. (Revenue and Taxation Code Section 34019(b))
- Appropriates $2 million per year to the University of California San Diego Center for Medicinal Cannabis Research (host of the California Cannabis Research Program). (Revenue and Taxation Code Section 34019(e))
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: Cannabis Research in California. In 1999, legislation was enacted forming the University of California Center for Medical Cannabis Research (SB 847 (Vasconcellos), Chapter 750). 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. Additionally, the Center will be assisting the state of California in evaluating the effects of cannabis on driving pursuant to AB 266 (Bonta), Chapter 689, Statutes of 2015, and consulting with the California Medical board on prescribing practices pursuant to SB 643 (McGuire), Chapter 719, Statutes of 2015.
The University of California is established in the California Constitution as an independent entity. Therefore, the Legislature has very limited control over the University. Therefore, existing law relating to the Center for Cannabis Research generally requests the University to establish the program or states legislative intent that the Program to undertake specified activities.
Funding for cannabis research. Proposition 64 (2016), which legalized adult-use cannabis, allocates a portion of the state tax collections from cannabis activity for specified purposes. Included in those allocations is $2 million per year for the University of California San Diego Center for Medicinal Cannabis Research (host of the California Cannabis Research Program). This bill prohibits that funding to be used for any new activities requested under this bill. However, those funds can be used to support the Program and fund other cannabis-related research. In addition, Proposition 64 allocates $10 million per year for research at public universities, some portion of which may be made available to the Program. For example, in the past the Program was the administering agency for some state funding made available for cannabis research.
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 Drug Enforcement Agency (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. However, the Department of Justice appears to have put all applications for registration on hold.
Analysis Prepared by: Brendan McCarthy / B. & P. / (916) 319-3301 FN: 0004214
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1996
Amended: 8/14/18 in Senate
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 8-0, 6/11/18
AYES: Hill, Fuller, Dodd, Galgiani, Glazer, Hernandez, Pan, Wilk
NO VOTE RECORDED: Newman
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 73-0, 5/10/18 (Consent) - See last page for vote
DIGEST:
This bill amends directives for the California Cannabis Research Program (Program), authorizes the Program to cultivate its own cannabis, and extends its reporting timelines.
Senate Floor Amendments of 8/14/18 delete the directive for the Bureau of Cannabis Control (Bureau) consider selecting, among other public universities, the University of California (UC) and the Program as a recipient of funds derived from cannabis taxes to research and evaluate the implementation and effect of the Control, Regulate and Tax Adult Use of Marijuana Act (Act) and make recommendations to the Legislature and Governor regarding possible amendments.
Existing law:
- Establishes the Bureau within the Department of Consumer Affairs for the licensure and regulation of cannabis. (Business and Professions Code (BPC) § 26010)
- Encourages the UC Regents to create the Program to develop and conduct studies intended to ascertain the general medical safety and efficacy of cannabis and, if found valuable, 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. (Health and Safety Code (HSC) § 11362.9 (a))
- Requires the State Controller to disburse ten million dollars to a public university or universities in California annually beginning with the 2018–19 fiscal year until the 2028–29 fiscal year to research and evaluate the implementation and effect of the Act, and shall, if appropriate, make recommendations to the Legislature and Governor regarding possible amendments to the Act. (Revenue and Taxation Code § 34019)
- 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)
- Requires the Program to ensure that all cannabis used in the studies is of the appropriate medical quality and is obtained from the National Institute on Drug Abuse (NIDA) 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, as specified, the Attorney General shall provide an adequate supply. (HSC § 11362.9 (j))
- Requires the State Controller to disburse $2 million annually to the UC San Diego Center for Medicinal Cannabis Research to enhance the understanding of the efficacy and adverse effects of cannabis as a pharmacological agent. (Revenue and Taxation Code § 34019 (e))
This bill:
- Clarifies references to the Program, and renames the “Center for Medicinal Cannabis Research” as the “Center for Cannabis Research” (Center).
- Amends legislative intent to include direction for the UC to research the efficacy and safety of cannabis’ naturally occurring constituents and synthetic compounds that have effects similar to naturally occurring cannabinoids (CBDs).
- Permits studies to examine the health and safety effects of cannabis and other behavioral and health outcomes.
- Directs campuses at which Program studies take place to accommodate facilities for the detection and analysis of various naturally occurring and synthetic CBDs.
- Makes it permissive, rather than mandatory, that cannabis used by the Program be obtained from NIDA, any other federal agency designated to supply cannabis for authorized research, or from the Attorney General, as specified.
- Authorizes the Program to cultivate cannabis used in Program studies if the cultivation is approved by NIDA or other appropriate federal agency, and is compliant with federal regulations.
- Requires the Program to study the variations in the effects of synthetic compounds that simulate the effects of naturally occurring CBDs.
- Permits Program studies to 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.
- Extends the required reporting frequency on the progress of cannabis studies to the Legislature from six to 24 months.
- Prohibits the additional requirements on the Program added by this bill from being paid for from the existing annual two million dollar disbursement from the Controller.
- Makes other technical changes.
Background
The Center for Medicinal Cannabis Research at the UC. The Legislature encouraged the UC Regents to establish the Center in 1999 (SB 847, Vasconcellos, Chapter 750, Statutes of 1999). The Center was tasked with conducting clinical and pre-clinical studies of CBDs, including smoked cannabis, to investigate cannabis’ therapeutic value. To this end, according to the Center’s Web site, 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.”
The Center’s studies have thus far examined the efficacy of cannabis as a painkiller and its value for the treatment of spasticity in multiple sclerosis. Current studies are examining the effects of cannabis on pain, as well as public safety issues surrounding the use of cannabis and CBD. According to the Center, proposals in the submission process plan to “examine the initial safety and efficacy of a CBD oral solution for pain, as well as the potential opioid-sparing effects of cannabis use.”
This bill officially renames the Center and expands its research and reporting mandates.
Access to cannabis. This bill also authorizes the Center to cultivate cannabis for research purposes, subject to federal regulations.
Researchers may currently only obtain cannabis through NIDA’s Drug Supply Program. The University of Mississippi is currently the only source authorized to cultivate cannabis for research, and has been since 1968.
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 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 cannabis 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. According to the Brookings Institution, there were 26 applications pending for registration with the DEA as of October 27, 2017.
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 cannabis.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Cannabis Coalition
California Minority Alliance: Inland Empire
Eaze Solutions, Inc.
OPPOSITION: (Verified 8/14/18)
None received
ARGUMENTS IN SUPPORT: Eaze Solutions, Inc. writes, “So little research has been done on cannabis and cannabinoid use, and there remain many unknowns about its potential use and efficacy for medicinal and life-enhancing applications. AB 1996 ensures that California’s research program will produce comprehensive and meaningful reports. This research will help consumers, law enforcement, regulators, and legislators make more informed choices as California progresses with marijuana policy and industry development, supporting safe and sustainable economic growth.”
ASSEMBLY FLOOR: 73-0, 5/10/18
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Travis Allen, Cooley, Friedman, Cristina Garcia, Obernolte
8/15/18 11:08:33
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1996
:
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 8-0, 6/11/18
AYES: Hill, Fuller, Dodd, Galgiani, Glazer, Hernandez, Pan, Wilk
NO VOTE RECORDED: Newman
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 73-0, 5/10/18 (Consent) - See last page for vote
DIGEST:
This bill amends directives for the California Cannabis Research Program (Program), authorizes the Program to cultivate its own cannabis, extends its reporting timelines, and requires the Bureau of Cannabis Control (Bureau) to consider selecting the University of California (UC) and the Program as a recipient of research funding.
Existing law:
- Establishes the Bureau within the Department of Consumer Affairs for the licensure and regulation of cannabis. (Business and Professions Code (BPC) § 26010)
- Encourages the UC Regents to create the Program to develop and conduct studies intended to ascertain the general medical safety and efficacy of cannabis and, if found valuable, 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. (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)
- Requires the Program to ensure that all cannabis used in the studies is of the appropriate medical quality and is obtained from the National Institute on Drug Abuse (NIDA) 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, as specified, the Attorney General shall provide an adequate supply. (HSC § 11362.9 (j))
- Requires the State Controller to disburse $2 million annually to the UC San Diego Center for Medicinal Cannabis Research to enhance the understanding of the efficacy and adverse effects of cannabis as a pharmacological agent. (Revenue and Taxation Code § 34019 (e))
This bill:
- Clarifies references to the Program, and renames the “Center for Medicinal Cannabis Research” as the “Center for Cannabis Research” (Center).
- Amends legislative intent to include direction for the UC to research the efficacy and safety of cannabis’ naturally occurring constituents and synthetic compounds that have effects similar to naturally occurring cannabinoids (CBDs).
- Permits studies to examine the health and safety effects of cannabis and other behavioral and health outcomes.
- Directs campuses at which Program studies take place to accommodate facilities for the detection and analysis of various naturally occurring and synthetic CBDs.
- Makes it permissive, rather than mandatory, that cannabis used by the Program be obtained from NIDA, any other federal agency designated to supply cannabis for authorized research, or from the Attorney General, as specified.
- Authorizes the Program to cultivate cannabis used in Program studies if the cultivation is approved by NIDA or other appropriate federal agency, and is compliant with federal regulations.
- Requires the Program to study the variations in the effects of synthetic compounds that simulate the effects of naturally occurring CBDs.
- Permits Program studies to 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.
- Extends the required reporting frequency on the progress of cannabis studies to the Legislature from six to 24 months.
- Prohibits the additional requirements on the Program added by this bill from being paid for from the existing annual two million dollar disbursement from the Controller.
- Requires the Bureau to consider selecting, among other public universities, the UC and the Program as a recipient of funds dedicated to researching and evaluating the implementation and effect of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA).
- Makes other technical changes.
Background
The Center for Medicinal Cannabis Research at the UC. The Legislature encouraged the UC Regents to establish the Center in 1999 (SB 847, Vasconcellos, Chapter 750, Statutes of 1999). The Center was tasked with conducting clinical and pre-clinical studies of CBDs, including smoked cannabis, to investigate cannabis’ therapeutic value. To this end, according to the Center’s Web site, 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.”
The Center’s studies have thus far examined the efficacy of cannabis as a painkiller and its value for the treatment of spasticity in multiple sclerosis. Current studies are examining the effects of cannabis on pain, as well as public safety issues surrounding the use of cannabis and CBD. According to the Center, proposals in the submission process plan to “examine the initial safety and efficacy of a CBD oral solution for pain, as well as the potential opioid-sparing effects of cannabis use.”
This bill officially renames 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 currently only obtain cannabis through NIDA’s Drug Supply Program. The University of Mississippi is currently the only source authorized to cultivate cannabis for research, and has been since 1968.
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 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 cannabis 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. According to the Brookings Institution, there were 26 applications pending for registration with the DEA as of October 27, 2017.
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 cannabis.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Cannabis Coalition
California Minority Alliance: Inland Empire
Eaze Solutions, Inc.
None received
ARGUMENTS IN SUPPORT: Eaze Solutions, Inc. writes, “So little research has been done on cannabis and cannabinoid use, and there remain many unknowns about its potential use and efficacy for medicinal and life-enhancing applications. AB 1996 ensures that California’s research program will produce comprehensive and meaningful reports. This research will help consumers, law enforcement, regulators, and legislators make more informed choices as California progresses with marijuana policy and industry development, supporting safe and sustainable economic growth.”
ASSEMBLY FLOOR: 73-0, 5/10/18
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Travis Allen, Cooley, Friedman, Cristina Garcia, Obernolte
8/8/18 12:40:08
**** END ****
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2017 - 2018 Regular
Bill No: Hearing Date: June 11, 2018
Author: | |||
Version: |
| ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Sarah Huchel | ||
Subject:
SUMMARY:
Amends directives for the California Cannabis Research Program (Program), authorizes the Program to cultivate its own cannabis, extends its reporting timelines, and requires the Bureau of Cannabis Control (Bureau) to consider selecting the University of California (UC) and the Program as a recipient of research funding.
Existing law:
- Establishes the Bureau within the Department of Consumer Affairs for the licensure and regulation of cannabis. (BPC § 26010)
- Encourages the UC Regents to create the California Cannabis Research Program (Program) to develop and conduct studies intended to ascertain the general medical safety and efficacy of cannabis and, if found valuable, 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. (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)
- Requires the Program to ensure that all cannabis used in the studies is of the appropriate medical quality and is obtained from the National Institute on Drug Abuse (NIDA) 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, as specified, the Attorney General shall provide an adequate supply. (HSC § 11362.9 (j))
- Requires the State Controller to disburse two million dollars annually to the UC San Diego Center for Medicinal Cannabis Research to enhance the understanding of the efficacy and adverse effects of cannabis as a pharmacological agent. (Revenue and Taxation Code § 34019 (e))
This bill:
- Clarifies references to the Program, and renames the “Center for Medicinal Cannabis Research” as the “Center for Cannabis Research” (Center).
- Amends legislative intent to include direction for the UC to research the efficacy and safety of cannabis’ naturally occurring constituents and synthetic compounds that have effects similar to naturally occurring cannabinoids (CBDs).
- Permits studies to examine the health and safety effects of cannabis and other behavioral and health outcomes.
- Directs campuses at which Program studies take place to accommodate facilities for the detection and analysis of various naturally occurring and synthetic CBDs.
- Makes it permissive, rather than mandatory, that cannabis used by the Program be obtained from NIDA, any other federal agency designated to supply cannabis for authorized research, or from the Attorney General, as specified.
- Authorizes the Program to cultivate cannabis used in Program studies if the cultivation is approved by NIDA or other appropriate federal agency, and is compliant with federal regulations.
- Requires the Program to study the variations in the effects of synthetic compounds that simulate the effects of naturally occurring CBDs.
- Permit Program studies to 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.
- Extends the required reporting frequency on the progress of cannabis studies to the Legislature from six to 24 months.
- Prohibits the additional requirements on the Program added by this bill from being paid for from the existing annual two million dollar disbursement from the Controller.
- Requires the Bureau to consider selecting, among other public universities, the UC and the Program as a recipient of funds dedicated to researching and evaluating the implementation and effect of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA).
- Makes other technical changes.
FISCAL EFFECT:
According to the Assembly Appropriations Committee analysis dated May 2, 2018, this bill has a negligible fiscal effect. Proposition 64 allocates
$2 million out of the proceeds of newly created taxes on the sale and cultivation of cannabis to the existing Program referenced in this bill, which is housed at UC San Diego. This bill prohibits an existing $2 million allocation from being used for any new activities requested under this bill. However, Proposition 64 also appropriates an additional $10 million annually from tax proceeds in fiscal years 2018-19 through 2028-29 to fund cannabis-related research. Presumably, some portion of these Proposition 64 funds can be made available to the existing program for the bill's purposes if they are a state priority.
COMMENTS:
- Purpose. This bill is Author sponsored. According to the Author’s office, “In order to clarify that cannabis research extends beyond medicinal use, this legislation will update the name of the Center for Medicinal Cannabis Research to the Center for Cannabis Research. This legislation will also reflect that the California Cannabis Research Program is hosted at the Center for Cannabis Research. This bill will also clarify the work permissibly performed by the Center for Cannabis Research in order to fully reflect the necessary work undertaken by the Program to achieve effective research.”
- The Center for Medicinal Cannabis Research at the University of California. The Legislature encouraged the UC Regents to establish the Center in 1999
(SB 847 (Vasconcellos, Chapter 750, Statutes of 1999)). The Center was tasked with conducting clinical and pre-clinical studies of CBDs, including smoked cannabis, to investigate cannabis’ therapeutic value. To this end, according to the Center’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.”
The Center’s studies have thus far examined the efficacy of cannabis as a painkiller and its value for the treatment of spasticity in multiple sclerosis. Current studies are examining the effects of cannabis on pain, as well as public safety issues surrounding the use of cannabis and CBD. According to the Center, proposals in the submission process plan to “examine the initial safety and efficacy of a CBD oral solution for pain, as well as the potential opioid-sparing effects of cannabis use.”
This bill officially renames 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 currently only obtain cannabis through NIDA’s Drug Supply Program. The University of Mississippi is currently the only source authorized to cultivate cannabis for research, and has been since 1968.
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 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 cannabis 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. According to the Brookings Institution, there were 26 applications pending for registration with the DEA as of October 27, 2017.
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 cannabis.
- Related Legislation. AB 710 (Wood) of 2018 amends the Medicinal and Adult-Use Cannabis Regulation and Safety Act to exclude federally sanctioned CBD products from regulation and authorizes healing arts licensees to prescribe such products, as specified. (Status: This bill is pending on the Senate floor.)
- Previous Related Legislation. AB 1002 (Cooley) of 2017 was similar to AB 1996 (Lackey) of 2018, and would also have expanded the research and reporting authorities of the Program. (Status: This bill was held in the Senate Appropriations Committee.)
SB 94 (Committee on Budget and Fiscal Review, Chapter 27, Statutes of 2017) was the cannabis trailer bill for the Budget Act of 2017. Among other items, it required the Bureau to contract with the Program to develop a study that identifies the impact of cannabis on motor skills.
AB 2679 (Cooley, Bonta, Jones-Sawyer, Lackey, Wood, Chapter Chapter 828, Statutes of 2016) required cannabis 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 Cannabis Research Program to develop and conduct studies to ascertain the effect of cannabis 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 cannabis 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 cannabis, and if found valuable, to develop medical guidelines for the appropriate administration and use of cannabis.
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 cannabis 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 Marijuana Research as the Medical Marijuana Research Program to study the safety and efficacy of cannabis usage for medical purposes.
SUPPORT AND OPPOSITION:
Support:
None on file as of June 5, 2018
Opposition:
None on file as of June 5, 2018
-- END --
Date of Hearing: May 2, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1996
Author:(Lackey) – As Amended Ver:April 5, 2018
Policy Committee: | Business and Professions | Vote: | 16 - 0 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill renames and broadens the charge of an existing state cannabis research program at the University of California (UC) by adding the study of synthetic cannabanoids, among other topics; authorizes the program to cultivate cannabis for research purposes; and requires the Bureau of Cannabis Regulation to consider the existing state cannabis research program for additional research funding available through cannabis tax proceeds.
FISCAL EFFECT:
Negligible. Proposition 64 allocates $2 million out of the proceeds of newly created taxes on the sale and cultivation of cannabis to the existing UC cannabis research program referenced in this bill, which is housed at UC San Diego. This bill prohibits an existing $2 million allocation from being used for any new activities requested under this bill. However, Proposition 64 also appropriates an additional $10 million annually from tax proceeds in fiscal years 2018-19 through 2028-29 to fund cannabis-related research. Presumably, some portion of these Proposition 64 funds can be made available to the existing program for the bill's purposes if they are a state priority.
COMMENTS:
- Purpose. The author indicates this bill updates statute to reflect current work and adds additional topics of interest. The bill also allows the cannabis research program to apply for a license from the Drug Enforcement Agency to cultivate cannabis for research purposes.
- Background. In 1996, California voters passed Proposition 215, legalizing the use of medical cannabis in the state. SB 847 (Vasconcellos), Chapter 750, Statutes of 1999, established the UC Center for Medical Cannabis Research, which this bill renames to the California Cannabis Research Program. The state began regulating cannabis in 2016 and later that year California voters passed Proposition 64, which legalized the recreational use of cannabis beginning this year.
- Related Legislation. AB 3157 (Lackey), until June 1, 2021, reduces the excise tax rate on cannabis and cannabis products from 15% to 11% and suspends the imposition of the cultivation tax.
AB 1002 (Cooley) is substantially similar to this bill and was held on the Suspense File of the Senate Appropriations Committee.
Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081
Date of Hearing:
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Evan Low, Chair
ABPCA Bill Id:AB 1996
Author:(Lackey) – As Amended Ver:April 5, 2018
SUBJECT: The California Cannabis Research Program.
SUMMARY: This bill would rename the California Marijuana Research Program (also known as the Center for Medicinal Cannabis Research) as the California Cannabis Research Program, in areas of the code where this change has not yet been made. The bill would expand the potential research areas of the California Cannabis Research Program to include the study of synthetic compounds that have similar effects to cannabis and to examine the health and safety effects of cannabis and other issues. The bill would authorize the California Cannabis Research Program to cultivate cannabis, in compliance with federal regulations.
EXISTING LAW:
- Establishes the Bureau of Cannabis Control (Bureau) under the Department of Consumer Affairs, to establish a comprehensive system to control and regulate the distribution, transport, storage, and sale of cannabis products. (Business and Professions Code Section 26000 et seq.)
- 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. (Business and Professions Code Section 2525.1)
- Directs the Bureau to contract with the California Cannabis Research Program, known as the Center for Medicinal Cannabis Research, to develop a study that identifies the impact that cannabis has on motor skills. (Business and Professions Code Section 19354)
- 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 cannabis as part of medical treatment. (Health and Safety Code Section 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 Cannabis Research Program. (Health and Safety Code Section 11362.9 (a)(1))
- Specifies that the California Cannabis Research Program shall develop and conduct studies intended to ascertain the general medical safety and efficacy of cannabis and develop medical guidelines for the appropriate administration and use of cannabis including the effect of cannabis on motor skills. (Health and Safety Code Section 11362.9 (a)(2))
- Requires the California Cannabis Research Program to ensure that all cannabis used in studies is of appropriate quality and shall be obtained from the National Institute on Drug Abuse or the Attorney General, pursuant to Health and Safety Code Section 11478. (Health and Safety Code Section 11362.9(j))
- Establishes specific continuous appropriations of state tax revenue relating to commercial cannabis activity, including an annual appropriation of $10 million to a public university or universities, from 2018-19 to 2028-29, for research and evaluation of the legal cannabis market. (Revenue and Taxation Code Section 34019(b))
- Appropriates $2 million per year to the University of California San Diego Center for Medicinal Cannabis Research (host of the California Cannabis Research Program). (Revenue and Taxation Code Section 34019(e))
THIS BILL:
- Would standardize the use of the name “California Cannabis Research Program” in sections of the code where this change has not been made.
- Would revise existing legislative intent that the state commission research by the University of California to also include research on the efficacy and safety of administering synthetic compounds similar to natural cannabinoids.
- Would state legislative intent that the California Cannabis Research Program conduct studies on the health and safety effects of cannabis and other behavioral and health outcomes.
- Would state legislative intent that the California Cannabis Research Program establish facilities for the detection and analysis of various naturally occurring and synthetic cannabinoids.
- Would state legislative intent that the California Cannabis Research Program cultivate cannabis, so long as the cultivation is compliant with federal regulations.
- Would state legislative intent that the California Cannabis Research Program conduct studies on the effects of synthetic cannabinoids and testing methods for detecting harmful contaminants.
- Would state legislative intent that the California Cannabis Research Program report to the Legislature every 24 months (up from every six months under current law).
- Would declare that money appropriated to the Program under Revenue and Taxation Code Section 34019(e) shall not be used for the purposes of the bill.
- Authorizes the Controller to consider selecting the University of California and the California Cannabis Research Program when allocating $10 million per year to public universities for research.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by Legislative Counsel.
COMMENTS:
Purpose. This bill is sponsored by the author. According to the author, “Currently, the Business and Professions Code, Vehicle Code, and Revenue and Taxation Code refer to the Center for Medicinal Cannabis Research using language that implies cannabis research is solely medicinal in nature. With the implementation of the Medical and Adult Use Regulation and Safety Act (MAUCRSA), it is evident that cannabis is no longer solely used medicinally. This bill will update the references to cannabis as being solely medicinal in nature to reflect the use of cannabis in any instance which will allow research programs to extensively study cannabis and its health effects. This bill will allow for more effective and thorough research surrounding cannabis consumption by elucidating the methods of research and studies performed and will also include the research of naturally occurring constituents of cannabis and synthetic compounds that have effects similar to naturally occurring cannabinoids. Currently, studies face uncertainty in the potency of cannabis obtained by the University of Mississippi, which is presently the only permissible source. This bill permits the Center for Cannabis Research to request permission to cultivate cannabis for research purposes, and subject to federal approval, hire outside expertise familiar with cultivating if necessary. By allowing researchers to facilitate cultivation, studies can more accurately reflect the health effects of cannabis for medicinal and recreational use”.
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. 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.
History of Legal Cannabis 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 MC, Governor Jerry Brown signed into law a trio of bills [AB 243 (Wood), Chapter 688, Statutes of 2015, AB 266 (Bonta, Cooley, Jones-Sawyer, Lackey, and Wood), Chapter 689, Statutes of 2015, and SB 643 (McGuire), Chapter 719, Statutes of 2015] collectively known as the Medical Cannabis Regulation and Safety Act (MCRSA). MCRSA established the state's first regulatory framework for medical cannabis. 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. In June 2017, MCRSA AUMA were combined via the budget process to form one system for the regulation of Cannabis, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).
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. 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.
The University of California is established in the California Constitution as an independent entity. Therefore, the Legislature has very limited control over the University. Therefore, existing law relating to the Center for Cannabis Research generally requests the University to establish the program or states legislative intent that the Program to undertake specified activities.
Funding for cannabis research. Proposition 64 (2016), which legalized adult-use cannabis, allocates a portion of the state tax collections from cannabis activity for specified purposes. Included in those allocations is $2 million per year for the University of California San Diego Center for Medicinal Cannabis Research (host of the California Cannabis Research Program). This bill prohibits that funding to be used for any new activities requested under this bill. However, those funds can be used to support the Program and fund other cannabis-related research. In addition, Proposition 64 allocates $10 million per year for research at public universities, some portion of which may be made available to the Program. For example, in the past the Program was the administering agency for some state funding made available for cannabis research.
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. However, the Department of Justice appears to have put all applications for registration on hold.
Current Related Legislation. AB 1002 (Cooley) is substantially similar to this bill.
STATUS: That bill was held on the Senate Appropriations Committee’s Suspense File.
Prior Related Legislation. 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:
None on file.
ARGUMENTS IN OPPOSITION:
None on file.
REGISTERED SUPPORT:
None on file.
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by: Brendan McCarthy / B. & P. / (916) 319-3301
Discussed in Hearing
48SEC
Assembly Floor
2MIN
Senate Floor
2MIN
Senate Standing Committee on Business, Professions and Economic Development
Bill Author
Bill Co-Author(s):
