AB 238: Emergency response: trauma kits.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-02-21
Under existing law, a person is generally responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person. Existing law exempts from civil liability a person who, in good faith and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency other than an act or omission constituting gross negligence or willful or wanton misconduct. Existing law exempts public or private organizations that sponsor, authorize, support, finance, or supervise the training of people, or certifies those people in emergency medical services, from liability for civil damages alleged to result from those training programs.
This bill would define trauma kit to mean a first aid response kit that contains specified items, including, among other things, at least 2 tourniquets. The bill would require a person or entity that supplies a trauma kit to provide the person or entity that acquires the trauma kit with all information governing the use, installation, operation, training, and maintenance of the trauma kit. The bill would apply the provisions governing civil liability described above to a lay rescuer or person who renders emergency care or treatment by using a trauma kit and to a person or entity that provides training in the use of a trauma kit to provide emergency medical treatment, or certifies certain persons in the use of a trauma kit.
Existing law requires certain occupied structures that are not owned or operated by a local government entity and are constructed on or after January 1, 2017, to have an automated external defibrillator on the premises.
This bill would require the entity responsible for managing the building, facility, and tenants of specified types of buildings, including, among others, educational buildings and mercantile buildings, constructed by the state or a local government entity after January 1, 2019, to acquire and place a trauma kit on the premises of the building. Because the bill would impose new duties on local government entities with respect to the placement of trauma kits, the bill would impose a state-mandated local program. The bill would require an entity responsible for managing the building, facility, and tenants of an occupied structure in which a trauma kit is placed to comply with certain requirements, such as periodically inspecting and replacing the contents of a trauma kit, restocking the trauma kit after each use, and notifying tenants of the building or structure of the location of the trauma kit. The bill would exempt a person or entity that acquires and places a trauma kit for emergency care from liability for civil damages resulting from an act or omission in the rendering of emergency care if those requirements have been met.
This bill would authorize the California Building Standards Commission to research and collect public input for the purpose of determining if mandatory or voluntary building standards should be adopted regarding the placement of trauma kits in a public building constructed, or a public building that has an addition, significant repair, or alteration completed, on or after January 1, 2019. The bill would authorize the commission to adopt that standard.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), added by Proposition 64 at the November 8, 2016, statewide general election, licenses and regulates commercial marijuana activity, including manufacturing marijuana products. AUMA provides for 2 licensing categories of manufacturers, including Level 2 manufacturers who use volatile solvents. Under AUMA a manufacturing Level 2 licensee is required to enact sufficient methods or procedures to capture or otherwise limit risk of explosion, combustion, or any other unreasonably dangerous risk to public safety created by volatile solvents.AUMA authorizes legislative amendment of its provisions with a 2/3 vote of both houses of the Legislature, to further its purposes and intent. AUMA also authorizes the Legislature by a majority vote to amend certain provisions of the act to implement specified substantive provisions, provided that the amendments are consistent with and further the purposes and intent of the act.This bill would prohibit a manufacturing Level 2 licensee from manufacturing marijuana products using volatile solvents on property zoned for residential or mixed use. The bill would declare that its provisions implement specified substantive provisions and are consistent with and further the intent of the act.Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), added by Proposition 64 at the November 8, 2016, statewide general election, licenses and regulates commercial marijuana activity, including manufacturing marijuana products. AUMA provides for 2 licensing categories of manufacturers, including Level 2 manufacturers who use volatile solvents. Under AUMA a manufacturing Level 2 licensee is required to enact sufficient methods or procedures to capture or otherwise limit risk of explosion, combustion, or any other unreasonably dangerous risk to public safety created by volatile solvents.
AUMA authorizes legislative amendment of its provisions with a 2/3 vote of both houses of the Legislature, to further its purposes and intent. AUMA also authorizes the Legislature by a majority vote to amend certain provisions of the act to implement specified substantive provisions, provided that the amendments are consistent with and further the purposes and intent of the act.
This bill would prohibit a manufacturing Level 2 licensee from manufacturing marijuana products using volatile solvents in a residential structure or on residential property. on property zoned for residential or mixed use. The bill would declare that its provisions implement specified substantive provisions and are consistent with and further the intent of the act.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), added by Proposition 64 at the November 8, 2016, statewide general election, licenses and regulates commercial marijuana activity, including manufacturing marijuana products. AUMA provides for 2 licensing categories of manufacturers, including Level 2 manufacturers who use volatile solvents. Under AUMA a manufacturing Level 2 licensee is required to enact sufficient methods or procedures to capture or otherwise limit risk of explosion, combustion, or any other unreasonably dangerous risk to public safety created by volatile solvents.
AUMA authorizes legislative amendment of its provisions with a 2/3 vote of both houses of the Legislature, to further its purposes and intent. AUMA also authorizes the Legislature by a majority vote to amend certain provisions of the act to implement specified substantive provisions, provided that the amendments are consistent with and further the purposes and intent of the act.
This bill would prohibit a manufacturing Level 2 licensee from manufacturing marijuana products using volatile solvents in a residential structure or on residential property. The bill would declare that its provisions implement specified substantive provisions and are consistent with and further the intent of the act.
The Medical Cannabis Regulation and Safety Act (MCRSA) authorizes a person who obtains both a state license under MCRSA and the relevant local license to engage in commercial medical cannabis activity pursuant to those licenses, as specified, including as a distributor Type 11 license for the distribution of medical cannabis and medical cannabis products from a manufacturer to a dispensary. MCRSA authorizes licensing authorities to discipline licensees for failure to comply with any state law.This bill would prohibit a distributor Type 11 licensee from denying employment to any individual on the basis that he or she is or is not party to a collective bargaining agreement. The bill would also prohibit an applicant for a distributor Type 11 license from being denied a license on the basis that the applicant employs individuals who are or are not party to a collective bargaining agreement. The bill would make certain legislative findings and declarations.The Medical Cannabis Regulation and Safety Act (MCRSA) authorizes a person who obtains both a state license under MCRSA and the relevant local license to engage in commercial medical cannabis activity pursuant to those licenses, as specified, including as a distributor Type 11 license for the distribution of medical cannabis and medical cannabis products from a manufacturer to a dispensary. MCRSA authorizes licensing authorities to discipline licensees for failure to comply with any state law.
This bill would prohibit a distributor Type 11 licensee from denying employment to any individual on the basis that he or she is or is not party to a collective bargaining agreement. The bill would also prohibit an applicant for a distributor Type 11 license from being denied a license on the basis that the applicant employs individuals who are or are not party to a collective bargaining agreement. The bill would make certain legislative findings and declarations.
(a)For purposes of this section, trauma kit means a first aid response kit that contains at least all of the following:
(1)Two tourniquets.
(2)Two hemostatic pressure dressings that are inspected for replacement no less than every three years.
(3)Four chest seals that are inspected for replacement no less than every three years.
(4)Powder-free, large size nitrile gloves.
(5)Medical materials and equipment similar to those described in paragraphs (1) to (4), inclusive, and additional items that are approved by a local EMS agency described in Section 1797.200 of the Health and Safety Code, that adequately treat a traumatic injury, and can be stored in a readily available kit, in accordance with California Emergency Medical Services Authority guidelines.
(6)Instructional documents based upon nationally or internationally recognized evidence-based treatment recommendations, guidelines, and evidence-based programs that treat all preventative causes of traumatic death in the civilian population in accordance with California Emergency Medical Services Authority guidelines.
(b)Section 1799.102 of the Health and Safety Code, the Good Samaritan Law, shall apply to a lay rescuer or person who, in good faith and not for compensation, renders emergency care or treatment by the use of a trauma kit at the scene of an emergency.
(c)Section 1799.100 of the Health and Safety Code shall apply to a person or entity that voluntarily, and without expectation and receipt of compensation, provides training in the use of a trauma kit to provide emergency medical treatment to victims of trauma, including, but not limited to, training in the use of the trauma kit in emergency first care response, or certifies persons, other than physicians and surgeons, registered nurses, and licensed vocational nurses, who are trained in the use of a trauma kit to provide emergency medical treatment to victims of trauma.
SEC. 3.Chapter 4 (commencing with Section 19305) is added to Part 3 of Division 13 of the Health and Safety Code, to read:4.Trauma Kits19305.For purposes of this section, trauma kit means a first aid response kit that contains at least all of the following:
(a)Two tourniquets.
(b)Two hemostatic pressure dressings that are inspected for replacement no less than every three years.
(c)Four chest seals that are inspected for replacement no less than every three years.
(d)Powder-free, large size nitrile gloves.
(e)Medical materials and equipment similar to those described in subdivisions (a) to (d), inclusive, and additional items that are approved by a local EMS agency, as described in Section 1797.200, that adequately treat a traumatic injury, and can be stored in a readily available kit, in accordance with California Emergency Medical Services Authority Guidelines.
(f)Instructional documents based upon nationally or internationally recognized evidence-based treatment recommendations, guidelines, and evidence-based programs that treat all preventative causes of traumatic death in the civilian population in accordance with California Emergency Medical Services Authority guidelines.
19307.In order to ensure public safety, a person or entity that supplies a trauma kit shall provide the person or entity that acquires the trauma kit with all information governing the use, installation, operation, training, and maintenance of the trauma kit in accordance with guidelines described in Section 19305.
19308.(a)This section applies to all of the following structures, as defined in the California Building Standards Code (Chapter 3 (commencing with Section 301.1) of Part 2 of Title 24 of the California Code of Regulations) that are constructed by the state or a local government entity on or after January 1, 2019:
(1)Group A assembly buildings with an occupancy of greater than 300 persons.
(2)Group B business buildings with an occupancy of 200 or more persons.
(3)Group E educational buildings with an occupancy of 200 or more persons.
(4)Group F factory buildings with an occupancy of 200 or more persons.
(5)Group I institutional buildings with an occupancy of 200 or more persons.
(6)Group M mercantile buildings with an occupancy of 200 or more persons.
(7)Group R residential buildings with an occupancy of 200 or more persons, excluding single-family and multifamily dwelling units.
(b)The entity responsible for managing the building, facility, and tenants of a structure described in subdivision (a) that is an occupied structure shall acquire and place a trauma kit on the premises.
(c)(1)This section shall not apply to a health facility licensed under subdivision (a), (b), (c), or (f) of Section 1250.
(2)This section shall not be construed to apply to a structure that is vacant or under construction or renovation.
(d)(1)This section shall become inoperative upon the adoption by the California Building Standards Commission of a building standard governing the placement of trauma kits following the research and public comment collection process described in Section 19309.
(2)The California Building Standards Commission shall post a notice on its Internet Web site and provide a written notice to the Legislature and the Legislative Counsel when the building standard described in paragraph (1) has been adopted.
19309.(a)Commencing January 1, 2019, the California Building Standards Commission may conduct research and collect public comment for the purpose of determining if mandatory or voluntary building standards should be adopted regarding the placement of trauma kits in a public building constructed, or a public building that has an addition, significant repair, or alteration completed, on or after January 1, 2019.
(b)If the California Building Standards Commission determines that a mandatory or voluntary building standard regarding the placement of trauma kits in a public building should be adopted pursuant to subdivision (a), it may adopt that standard.
19310.(a)A person or entity that acquires and places a trauma kit for emergency care in a structure shall not be liable for civil damages resulting from an act or omission in the rendering of emergency care by use of the trauma kit if that person or entity has complied with subdivision (b).
(b)In order to ensure public safety, the entity responsible for managing the building, facility, and tenants of a structure in which a trauma kit is placed that is an occupied structure shall do all of the following:
(1)Comply with all regulations governing the placement of a trauma kit.
(2)Inspect all trauma kits acquired and placed on the premises of a building or structure every three years from the date of installation to ensure that all materials, supplies, and equipment contained in the trauma kit are not expired, and replace expired materials, supplies, and equipment as necessary.
(3)Restock the trauma kit after each use and replace materials, supplies, and equipment as necessary to ensure that all materials, supplies, and equipment required to be contained in the trauma kit are contained in the trauma kit in accordance with national guidelines and recommendations from local EMS agencies described in Section 1797.200.
(4)At least once per year, notify tenants of the building or structure of the location of the trauma kit and provide information to tenants regarding contact information for training in the use of the trauma kit.
(5)Provide tenants with instructions in the use of the trauma kit from the training programs described in subdivision (f) of Section 19305.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 26105 of the Business and Professions Code is amended to read:26105.(a)A manufacturing Level 2 licensee shall enact sufficient methods or procedures to capture or otherwise limit risk of explosion, combustion, or any other unreasonably dangerous risk to public safety created by volatile solvents. The State Department of Public Health shall establish minimum standards concerning such methods and procedures for Level 2 licensees.(b)A manufacturing Level 2 licensee shall not manufacture marijuana products using volatile solvents on property zoned for residential or mixed use.SEC. 2.The Legislature finds and declares that this bill, amending Section 26105 of the Business and Professions Code, implements Section 6.1 of the Control, Regulate and Tax Adult Use of Marijuana Act, and that it is consistent with and furthers the purposes of the act as stated in Section 3 of that act.(a)A manufacturing Level 2 licensee shall enact sufficient methods or procedures to capture or otherwise limit risk of explosion, combustion, or any other unreasonably dangerous risk to public safety created by volatile solvents. The State Department of Public Health shall establish minimum standards concerning such methods and procedures for Level 2 licensees.
(b)A manufacturing Level 2 licensee shall not manufacture marijuana products using volatile solvents in a residential structure or on residential property. on property zoned for residential or mixed use.
SEC. 2.The Legislature finds and declares that this bill, amending Section 26105 of the Business and Professions Code, implements Section 6.1 of the Control, Regulate and Tax Adult Use of Marijuana Act, and that it is consistent with and furthers the purposes of the act as stated in Section 3 of that act.
Manufacturing (a)A manufacturing Level 2 licensees licensee shall enact sufficient methods or procedures to capture or otherwise limit risk of explosion, combustion, or any other unreasonably dangerous risk to public safety created by volatile solvents. The State Department of Public Health shall establish minimum standards concerning such methods and procedures for Level 2 licensees.
(b)A manufacturing Level 2 licensee shall not manufacture marijuana products using volatile solvents in a residential structure or on residential property.
SEC. 2.The Legislature finds and declares that this bill, amending Section 26105 of the Business and Professions Code, implements Section 6.1 of the Control, Regulate and Tax Adult Use of Marijuana Act, and that it is consistent with and furthers the purposes of the act as stated in Section 3 of that act.
SECTION 1.The Legislature finds and declares all of the following:(a)Section 923 of the Labor Code recognizes that it is necessary that the individual worker have full freedom of association, self-organization, and designation of representatives of his or her own choosing, to negotiate the terms and conditions of his or her employment, and that he or she shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of representatives or in self-organization or in other concerted activities for the purpose of collective bargaining.(b)Paragraph (6) of subdivision (b) of Section 34019 of the Revenue and Taxation Code, as approved by the voters of California with the passage of Proposition 64 on November 8, 2016, instructs the Controller to disburse funds to a public university or universities in California, as specified, to research and report, among other issues, whether additional protections are needed to prevent unlawful monopolies or anti-competitive behavior from occurring in the nonmedical marijuana industry.(c)The public policy of the State of California is that unlawful monopolies or anti-competitive behavior should also be prevented from occurring in the medical marijuana industry.SEC. 2.Section 19334.1 is added to the Business and Professions Code, to read:19334.1.(a)Notwithstanding any other law, a distributor Type 11 licensee shall not deny employment to any individual on the basis that he or she is or is not party to a collective bargaining agreement.(b)Notwithstanding any other law, an applicant for a distributor Type 11 license shall not be denied a license on the basis that the applicant employs individuals who are or are not party to a collective bargaining agreement.The Legislature finds and declares all of the following:
(a)Section 923 of the Labor Code recognizes that it is necessary that the individual worker have full freedom of association, self-organization, and designation of representatives of his or her own choosing, to negotiate the terms and conditions of his or her employment, and that he or she shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of representatives or in self-organization or in other concerted activities for the purpose of collective bargaining.
(b)Paragraph (6) of subdivision (b) of Section 34019 of the Revenue and Taxation Code, as approved by the voters of California with the passage of Proposition 64 on November 8, 2016, instructs the Controller to disburse funds to a public university or universities in California, as specified, to research and report, among other issues, whether additional protections are needed to prevent unlawful monopolies or anti-competitive behavior from occurring in the nonmedical marijuana industry.
(c)The public policy of the State of California is that unlawful monopolies or anti-competitive behavior should also be prevented from occurring in the medical marijuana industry.
SEC. 2.Section 19334.1 is added to the Business and Professions Code, to read:19334.1.(a)Notwithstanding any other law, a distributor Type 11 licensee shall not deny employment to any individual on the basis that he or she is or is not party to a collective bargaining agreement.
(b)Notwithstanding any other law, an applicant for a distributor Type 11 license shall not be denied a license on the basis that the applicant employs individuals who are or are not party to a collective bargaining agreement.
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Date
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Status
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|---|---|
| Feb 26, 2018 | Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c). |
| Feb 22, 2018 | Read second time. Ordered to third reading. |
| Feb 21, 2018 | From inactive file. |
| Sep 12, 2017 | Ordered to inactive file at the request of Senator McGuire. |
| Jun 20, 2017 | Read second time. Ordered to third reading. |
| Jun 19, 2017 | From committee: Do pass. (Ayes 9. Noes 0.) (June 19). |
| Jun 1, 2017 | Referred to Com. on B., P. & E.D. |
| May 18, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 18, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0. Page 1614.) |
| May 15, 2017 | Read second time. Ordered to third reading. |
| May 11, 2017 | Read second time and amended. Ordered returned to second reading. |
| May 10, 2017 | From committee: Amend, and do pass as amended. (Ayes 14. Noes 0.) (May 9). |
| May 2, 2017 | From committee: Do pass and re-refer to Com. on HEALTH with recommendation: To Consent Calendar. (Ayes 14. Noes 0.) (May 2). Re-referred to Com. on HEALTH. |
| Apr 19, 2017 | Re-referred to Com. on B. & P. |
| Apr 18, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Mar 27, 2017 | Referred to Coms. on B. & P. and L. & E. |
| Jan 31, 2017 | From printer. May be heard in committee March 2. |
| Jan 30, 2017 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Jun 19, 2017 | Do pass | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
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| May 18, 2017 | AB 238 STEINORTH Assembly Third Reading | Assembly Floor |
Passed |
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| May 9, 2017 | Do pass as amended. | Assembly Standing Committee on Health |
Passed |
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| May 2, 2017 | Do pass and be re-referred to the Committee on [Health] 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.
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Organization
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Position
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Date
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|---|---|---|
| California Police Chiefs Association, Inc. | ** Support | Jun 21, 2017 |
| Consortium Management Group | ** Support | Jun 21, 2017 |
| John McMahon, Sheriff-Coroner, San Bernardino County | ** Support | May 5, 2017 |
| San Bernardino County Sheriff'S Department | ** Support | Jun 21, 2017 |
| San Diego County Sheriff'S Department | * Support | May 9, 2017 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 238
:
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 6/19/17
AYES: Hill, Fuller, Dodd, Galgiani, Glazer, Hernandez, Newman, Pan, Wilk
ASSEMBLY FLOOR: 68-0, 5/18/17 - See last page for vote
DIGEST:
This bill prohibits a Manufacturing Level 2 licensee from manufacturing non-medical marijuana products using volatile solvents on property zoned for residential or mixed use.
Existing law:
- Establishes the Bureau of Marijuana Control (Bureau) under the Department of Consumer Affairs pursuant to the Medical Marijuana Regulation and Safety Act (Act) and the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA), and requires the Bureau to establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale of cannabis products. (Business and Professions Code (BPC) Sections 26000 et seq.; BPC §§19300 et seq.)
- Requires the State Department of Public Health (DPH) to promulgate regulations to govern the licensing of manufacturers and testing laboratories. (BPC §§ 26100 et seq.)
- Requires manufacturers using volatile solvents to be licensed as “Manufacturing Level 2,” and requires DPH to limit the number of Manufacturing Level 2 licenses for medical marijuana products. (BPC §§ 19341, 26100)
- Requires non-medical Manufacturing Level 2 licensees to use methods or procedures to limit the risk of explosion, combustion, or any other unreasonably dangerous risk to public safety caused by volatile solvents. (BPC § 26105)
- Defines “volatile solvent” as volatile organic compounds, including: (a) explosive gases, such as Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, O2 or H2; and (b) dangerous poisons, toxins, or carcinogens, such as Methanol, Iso-propyl Alcohol, Methylene Chloride, Acetone, Benzene, Toluene, and Trichloro-ethylene. (Health and Safety Code § 11362.3)
- Prohibits AUMA from being interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate licensed cannabis businesses, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction. (BPC § 26200 (a))
This bill:
- Prohibits a Manufacturing Level 2 licensee from manufacturing non-medical marijuana products using volatile solvents on property zoned for residential or mixed use.
- Declares that its provisions are consistent with and further the intent of the AUMA.
Background
California began regulating medical marijuana with the passage of the Compassionate Use Act in 1996, which exempted patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana. In 2003, the Legislature authorized the formation of medical marijuana cooperatives—nonprofit organizations that cultivate and distribute marijuana for medical uses to their members through dispensaries. The Act passed in 2015, which created a comprehensive state licensing system for the commercial cultivation, manufacture, retail sale, transport, distribution, delivery, and testing of medical cannabis.
In November 2016 voters approved AUMA, which legalized the nonmedical use of cannabis. Under Proposition 64, adults 21 years of age or older can legally grow, possess, and use cannabis for nonmedical purposes, with certain restrictions.
AUMA preserves local control by specifically stating that it shall not be “interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate licensed cannabis businesses, including, but not limited to, local zoning and land use requirements, business license requirements, …or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction.”
Solvent Extraction. Licensed cannabis manufacturers are permitted to use violent solvents in order to extract concentrate from marijuana plants. In the extraction process, a solvent is pushed through the plant matter to strip away the trichomes and other chemicals, leaving behind THC [tetrahydrocannabinol], CBD [cannabidiol], CBN [cannabinol], terpenes, and flavonoids. The extraction process can be very dangerous, and current law requires licensees to use methods or procedures to limit the risk of explosion, combustion, or any other unreasonably dangerous risk to public safety.
Proposed medical marijuana regulations authorize the use of volatile solvents only in “closed-loop” systems, which prevent the solvent from escaping. These regulations propose to require the extractions to be done in a professional, commercially manufactured system, which must be certified by a licensed engineer that it is built to codes of recognized and generally accepted good engineering practices. The system, other equipment used, the entire extraction operation, and facilities must be approved for use by the local fire code official and meet any required fire, safety, and building code requirements. Although these regulations pertain only to medical marijuana, it is anticipated that forthcoming non-medical regulations will be substantially similar.
This bill further assures public safety by prohibiting such systems on property zoned for residential or mixed use.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Police Chiefs Association, Inc.
Consortium Management Group
San Bernardino County Sheriff’s Department
OPPOSITION: (Verified 6/21/17)
None received
ARGUMENTS IN SUPPORT: The California Police Chiefs Association, Inc. writes, “On November 8, 2016, California voters passed Proposition 64 to legalize the adult use of cannabis. The initiative added section 26100 to the Business and Professions Code, creating a ‘Manufacturing Level 2’ license for “sites that manufacture marijuana products using volatile solvents.” Volatile solvent cannabis extractors, using combustible gases like butane, have been involved in numerous accidental explosions in laboratory facilities and residential buildings.
“As the cannabis industry transitions into an above ground economy, it is important that cannabis businesses do not operate potentially dangerous equipment in populated neighborhoods and instead properly use commercial property with adequate health and safety standards.”
ASSEMBLY FLOOR: 68-0, 5/18/17
AYES: Acosta, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Cervantes, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Gallagher, Cristina Garcia, Eduardo Garcia, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood
NO VOTE RECORDED: Aguiar-Curry, Travis Allen, Calderon, Chau, Frazier, Friedman, Gipson, Gloria, Holden, Mullin, Santiago, Rendon
6/21/17 13:45:25
**** END ****
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2017 - 2018 Regular
Bill No: Hearing Date: June 19, 2017
Author: | |||
Version: | May 11, 2017 | ||
Urgency: | No | Fiscal: | No |
Consultant: | Sarah Huchel | ||
Subject:
SUMMARY:
Prohibits a Manufacturing Level 2 licensee from manufacturing non-medical marijuana products using volatile solvents on property zoned for residential or mixed use.
Existing law:
- Establishes the Bureau of Marijuana Control (Bureau) under the Department of Consumer Affairs (DCA) pursuant to the Medical Marijuana Regulation and Safety Act (Act) and the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA), and requires the Bureau to establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale of cannabis products. (Business and Professions Code (BPC) Sections 26000 et seq.; BPC §§19300 et seq.)
- Requires the State Department of Public Health (DPH) to promulgate regulations to govern the licensing of manufacturers and testing laboratories. (BPC §§ 26100 et seq.)
- Requires manufacturers using volatile solvents to be licensed as “Manufacturing Level 2,” and requires DPH to limit the number of Manufacturing Level 2 licenses for medical marijuana products. (BPC §§ 19341, 26100)
- Requires non-medical Manufacturing Level 2 licensees to use methods or procedures to limit the risk of explosion, combustion, or any other unreasonably dangerous risk to public safety caused by volatile solvents. (BPC § 26105)
- Defines “volatile solvent” as volatile organic compounds, including: (1) explosive gases, such as Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, O2 or H2; and (2) dangerous poisons, toxins, or carcinogens, such as Methanol, Iso-propyl Alcohol, Methylene Chloride, Acetone, Benzene, Toluene, and Trichloro-ethylene. (Health and Safety Code (HSC) § 11362.3)
- Prohibits AUMA from being interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate licensed cannabis businesses, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction. (BPC § 26200 (a))
This bill:
- Prohibits a Manufacturing Level 2 licensee from manufacturing non-medical marijuana products using volatile solvents on property zoned for residential or mixed use.
- Declares that its provisions are consistent with and further the intent of the AUMA.
FISCAL EFFECT:
This bill is not keyed “fiscal” by the Legislative Counsel.
COMMENTS:
- Purpose. This bill is sponsored by the Author. According to the Author’s office, “Current state law allows the Bureau of Medical Cannabis Regulation to establish regulations for Manufacturing Level 2 licensees, but it remains silent on the types of regulations that the Bureau will establish for a licensee. Volatile-solvent cannabis extractors, using combustible gases like butane, have been involved in accidental explosions in residential buildings. As the cannabis industry transitions into an above ground economy, it is important that cannabis businesses do not operate potentially dangerous equipment in populated neighborhoods and instead properly use commercial property. In order to further public safety, AB 238 would clarify that volatile-solvent extractors cannot be used in a residential building.”
- Cannabis Regulatory Background. California began regulating medical marijuana with the passage of the Compassionate Use Act in 1996, which exempted patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana. In 2003, the Legislature authorized the formation of medical marijuana cooperatives—nonprofit organizations that cultivate and distribute marijuana for medical uses to their members through dispensaries. The Act passed in 2015, which created a comprehensive state licensing system for the commercial cultivation, manufacture, retail sale, transport, distribution, delivery, and testing of medical cannabis.
In November 2016 voters approved AUMA, which legalized the nonmedical use of cannabis. Under Proposition 64, adults 21 years of age or older can legally grow, possess, and use cannabis for nonmedical purposes, with certain restrictions.
AUMA preserves local control by specifically stating that it shall not be “interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate licensed cannabis businesses, including, but not limited to, local zoning and land use requirements, business license requirements, …or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction.”
- Solvent Extraction. Licensed cannabis manufacturers are permitted to use violent solvents in order to extract concentrate from marijuana plants. In the extraction process, a solvent is pushed through the plant matter to strip away the trichomes and other chemicals, leaving behind THC, CBD, CBN, terpenes, and flavonoids. The extraction process can be very dangerous, and current law requires licensees to use methods or procedures to limit the risk of explosion, combustion, or any other unreasonably dangerous risk to public safety.
Proposed medical marijuana regulations authorize the use of volatile solvents only in “closed-loop” systems, which prevent the solvent from escaping. These regulations propose to require the extractions to be done in a professional, commercially manufactured system, which must be certified by a licensed engineer that it is built to codes of recognized and generally accepted good engineering practices. The system, other equipment used, the entire extraction operation, and facilities must be approved for use by the local fire code official and meet any required fire, safety, and building code requirements. Although these regulations pertain only to medical marijuana, it is anticipated that forthcoming non-medical regulations will be substantially similar.
This bill further assures public safety by prohibiting such systems on property zoned for residential or mixed use.
- Related Legislation. AB 64 (Bonta, Cooley, Jones-Sawyer, Lackey, Wood) seeks to reconcile a number of differences between MCRSA and AUMA to provide clarity in regulation and enforcement of both medical and recreational cannabis. (Status: This bill is currently pending in Senate Rules Committee)
SB 311 (Pan) explicitly allows a licensee to test another licensee’s cannabis and cannabis products for quality assurance purposes. (Status: This bill is currently pending at the Assembly Desk.)
- Prior Legislation. AB 2679 (Cooley, Chapter 828, Statutes of 2016) created a safe harbor for collectives and cooperatives using specified manufacturing processes to create medical cannabis products.
AB 849 (Bonilla) of 2015 would have provided that a person that causes an explosion is guilty of a public offense. AB 849 was inspired by the manufacture of cannabis concentrates using butane. (Status: This bill was vetoed by Governor Brown, basing his rationale on the premise that this bill would have created a new crime.)
AB 266 (Bonta, Cooley, Jones-Sawyer, Lackey, and Wood, Chapter 689, Statutes of 2015) enacted the Act for the licensure and regulation of medical marijuana, established the Bureau within the DCA, required the California Department of Food and Agriculture to administer the provisions of the act related to cultivation, required the DPH to administer the provisions of the Act related to manufacturing and testing of medical cannabis and required the Board of Equalization to adopt a system for reporting the movement of commercial cannabis and cannabis products.
- Arguments in Support. The California Police Chiefs Association, Inc. writes, “On November 8, 2016, California voters passed Proposition 64 to legalize the adult use of cannabis. The initiative added section 26100 to the Business and Professions Code, creating a ‘Manufacturing Level 2’ license for “sites that manufacture marijuana products using volatile solvents.” Volatile solvent cannabis extractors, using combustible gases like butane, have been involved in numerous accidental explosions in laboratory facilities and residential buildings.
“As the cannabis industry transitions into an above ground economy, it is important that cannabis businesses do not operate potentially dangerous equipment in populated neighborhoods and instead properly use commercial property with adequate health and safety standards.”
SUPPORT AND OPPOSITION:
Support:
California Police Chiefs Association, Inc.
Consortium Management Group
San Bernardino County Sheriff’s Department
Opposition:
None on file as of June 13, 2017.
.
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 238
Author:(Steinorth)
As Amended Ver:May 11, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Business & Professions | 14-0 | Low, Brough, Arambula, Baker, Bloom, Chiu, Cunningham, Gipson, Grayson, Holden, Irwin, Mullin, Steinorth, Ting | |
Health | 14-0 | Wood, Maienschein, Bonta, Burke, Gallagher, Limón, McCarty, Berman, Quirk-Silva, Ridley-Thomas, Rodriguez, Santiago, Thurmond, Waldron |
SUMMARY: Prohibits manufacturers of marijuana concentrate products from using volatile solvents in a residential structure or property.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS:
Purpose. This bill is author sponsored. According to the author, "Current state law allows the Bureau of Medical Cannabis Regulation to establish regulations for Manufacturing Level 2 licensees, but it remains silent on the types of regulations that the Bureau will establish for a licensee. Volatile-solvent cannabis extractors, using combustible gases like butane, have been involved in accidental explosions in residential buildings. As the cannabis industry transitions into an above ground economy, it is important that cannabis businesses do not operate potentially dangerous equipment in populated neighborhoods and instead properly use commercial property. In order to further public safety, AB 238 would clarify that volatile-solvent extractors cannot be used in a residential building."
Background. History of Legal Cannabis in California. In 1996, California voters passed Proposition 215, legalizing the use of medical cannabis (MC) 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), 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 MC. 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.
As of 2016, 28 states, the District of Columbia, and Guam allow MC programs. Though California was the first to authorize the medical use of cannabis, it was the only state that allowed cannabis use without a robust state regulatory framework until passage of MCRSA. States with MC laws generally have a form of patient registry, which may provide some protection against arrest for possession up to a certain amount of cannabis for personal medicinal use. A limited number of states restrict MC usage to products with low to zero THC and high CBD concentrations, in an effort to more strictly limit the use of THC due to its known psychoactive effects. To date, eight states, Alaska, Colorado, Oregon, Washington, California, Nevada, Massachusetts, Maine, and the District of Columbia have legalized recreational cannabis.
The authors of AUMA sought to make use of much of the regulatory structure and authorities set out by MCRSA while making a few notable changes to the structure being implemented. In addition, the AUMA approved by the voters adopted the January 1, 2018 deadline for state implementation of recreational cannabis in addition to the regulations required in MCRSA that are scheduled to take effect on the same date. The same agencies under MCRSA remain responsible for implementing regulations for adult use.
Under AUMA, the Department of Consumer Affairs (DCA), continues to serve as the lead regulatory agency for all cannabis, both medical and non-medical, and renames the existing Bureau of Medical Cannabis Regulation to the Bureau of Marijuana Control. AUMA includes 19 different license types compared to the 17 in MCRSA and authorizes DCA (and the Bureau) the exclusive authority to create and regulate a license for transportation of cannabis.
Concentrate and Butane Honey Oil (BHO) manufacturing. Hash oil, an increasingly popular form of concentrated cannabis, is manufactured through extraction with a solvent. As described below, the solvent most commonly used is butane, thus the name "Butane Honey Oil," or "BHO."
Explosions occur when butane that extracts the "oil" from marijuana fails to dissipate, builds up in an enclosed space and explodes from any spark. Extracting the oil outside largely eliminates the risk of explosion, as volatile butane quickly evaporates and disperses in the air. The increasing popularity of BHO, which is a form of concentrated cannabis, and the large profits that can be made from its manufacture, has resulted in a significant public safety issue from the damage caused when BHO labs explode. Because butane gas is odorless and colorless it can build up in a home or apartment without the occupants or neighbors being aware of the danger.
The concern over potential harms from volatile solvent processing has also caught the attention of Federal law enforcement, with the Bureau of Alcohol, Tobacco, Firearm, and Explosives (ATF) issuing a number of press releases addressing the process. While ATF has not taken a formal stance on the process, representatives have been quoted expressing concern. A March 2016 release quoted Daniel J. Kumor, ATF Special Agent in Charge / Boston Field division as saying "Unregulated production of BHO in our communities is a significant public safety problem, putting families, neighbors, and the general public at risk. It is dangerous and can be deadly."
Regulation of Cannabis Manufacturing. DPH is in the process of drafting regulations on the manufacture of cannabis concentrates such as BHO and hash oil. As these regulations have not been released, it is unclear whether these pending regulations will address the manufacture of concentrates in residential communities.
Analysis Prepared by: Jimmy Fremgen / B. & P. / 916-319-3301 FN: 0000378
Date of Hearing: May 9, 2017
ASSEMBLY COMMITTEE ON HEALTH
Jim Wood, Chair
ABPCA Bill Id:AB 238
Author:(Steinorth) – As Amended Ver:April 18, 2017
SUBJECT: Nonmedical marijuana: manufacturing: volatile solvents in residential structures.
SUMMARY: Prohibits a manufacturing Level 2 licensee from manufacturing marijuana products using volatile solvents in a residential structure or on residential property.
EXISTING LAW:
- Establishes Proposition (Prop) 215, referred to as the Compassionate Care Act, which legalized the possession and cultivation of marijuana for personal medical use upon recommendation of a physician and ensures that patients and their primary caregivers are not subject to criminal prosecution or sanction. Creates within the Department of Public Health (DPH), a voluntary Medical Marijuana Identification Card program for the registration of patients using medical marijuana and their primary caregivers.
- Enacts the Medical Cannabis Regulation and Safety Act (MCRSA) to regulate numerous aspects of medical cannabis in California, including cultivation, transportation, storage, testing, labelling, manufacture and sale codified pursuant to AB 243 (Wood), Chapter 688, Statutes of 2015; AB 266 (Bonta), Chapter 689, Statutes of 2015; and, SB 643 (McGuire), Chapter 719, Statutes of 2015.
- Establishes within the Department of Consumer Affairs the Bureau of Medical Cannabis Regulation for the licensure and regulation of medical cannabis.
- Establishes, through the voter initiative process, Proposition 64 or Adult Use of Marijuana Act of 2016 (AUMA) which permits adults 21 years of age or older to legally grow, possess, and use cannabis for non-medical purposes, as specified. Authorizes, beginning January 1, 2018, the sale and distribution of cannabis through a regulated business.
- Renames the Bureau of Medical Marijuana Regulation (now referred to as the Bureau of Medical Cannabis Regulation) as the Bureau. Renames the Bureau of Medical Cannabis Regulation to the Bureau of Marijuana Control (Bureau).
- Requires DPH to promulgate regulations governing the licensing of marijuana manufacturers and testing laboratories. Establishes two levels of manufacturer licenses, namely Level 1 for sites that manufacture marijuana products using nonvolatile solvents, or no solvents, or Level 2 for sites that manufacture marijuana products using volatile solvents.
- Requires DPH to develop procedures to ensure that testing of marijuana and marijuana products occurs prior to distribution as specified; specifies how often licensees shall test marijuana and marijuana products, as specified; and, requires the destruction of harvested batches whose testing samples indicate noncompliance with health and safety standards developed by DPH, as specified.
- Defines volatile solvent as volatile organic compounds, including: a) explosive gases, such as Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, O2 or H2; and, b) dangerous poisons, toxins, or carcinogens, such as Methanol, Iso-propyl Alcohol, Methylene Chloride, Acetone, Benzene, Toluene, and Trichloro-ethylene.
FISCAL EFFECT: None
COMMENTS:
- PURPOSE OF THIS BILL. According to the author, as the cannabis industry transitions into an above ground economy, it is important that cannabis businesses do not operate potentially dangerous equipment in populated neighborhoods and instead properly use commercial property with adequate health and safety standards. In order to further public safety, this bill would clarify regulations so that volatile-solvent extractors cannot be used in a residential building.
- BACKGROUND.
- AUMA. Prop 64 was passed by the voters in November 2016. As a result of the passage of Prop 64, adults, aged 21 years or older, are allowed to possess, cultivate and use marijuana for recreational purposes. AUMA, in addition to allowing adult consumption of marijuana and marijuana products for recreational purposes, established numerous controls and safeguards to protect the public, including: allowing local governments to enforce state laws and regulations for nonmedical marijuana businesses and enact additional local requirement for nonmedical marijuana businesses; requiring a rigid track and trace management process from cultivation to sale; comprehensive testing; strict environmental and product safety standards; prohibiting the sale of nonmedical marijuana by businesses that also sell alcohol or tobacco; and, prohibiting the marketing and advertising of nonmedical marijuana to persons younger than 21 years of age or near schools or other places where children are present.
- Governor’s Budget Trailer Proposal. With the passage of AUMA, many inconsistencies were created between implementation of MCRSA and AUMA. The Governor, through proposed budget trailer bill language (TBL), is recommending several proposals to address the differences between MCRSA and AUMA. Among other provisions, the TBL provides for: i) maintenance of local autonomy of zoning and planning decisions while providing state regulators with local compliance information; ii) adoption of AUMA’s vertical integrated licensing structure for both adult use and medicinal cannabis licensees; iii) maintenance of AUMA’s open distribution model allowing for a business to hold multiple licenses; iv) limitations on the number of Type 3 (medium size) cultivation licenses consistent with MCRSA; v) amendment of AUMA to include the same environmental protection requirements as MCRSA; and, vi) moving licensure of testing laboratories from the DPH to the Bureau. Specifically, this TBL also states that a cannabis product is misbranded if its labeling is false or misleading in any particular, or its labeling or packaging does not conform to specified requirements.
- Proposed Regulations. On April 28, 2017, DPH, charged with licensing cannabis product manufacturers and developing standards for the production and labeling of marijuana products, released proposed regulations. The proposed regulations aim to do the following: a) establish the licensing scheme for manufacturers of medical cannabis products; b) set minimum standards for sanitary manufacturing practices; and, c) establish packaging and labeling standards for manufactured cannabis products.
The proposed regulations set forth numerous definitions that describe manufacturing to mean all aspects of the extraction and/or infusion process of cannabis products and that extraction is the process by which cannabinoids are separated from cannabis plant material through chemical or physical means. The extraction process can be done using either nonvolatile or volatile solvents. The proposed regulations establish various license types of manufacturers, including a Type 6 license for extractions using nonvolatile solvents and a Type 7 license for extractions using volatile solvents. A volatile solvent is defined as any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. Examples of volatile solvents include but are not limited to, butane, hexane, propane, and ethanol. Additionally, volatile solvents may be used for cannabis extraction, subject to the following: a) hydro-carbon based solvents must be at least 99% purity; and, b) all extractions must be performed in a closed loop extraction, as described. - Cannabis manufacturing using volatile solvents. The methods used to produce cannabis extracts involve complicated and precise techniques and often dangerous, volatile solvents, resulting in a risk of physical harm to the manufacturers and to those around them. In recent years, butane has been the most commonly used solvent and cannabis extracts produced using this method are also known as “butane hash oil (BHO).” Explosions involving BHO manufacturing has resulted in public safety issues. A June 2015 article on the Sacramento Bee details how two boys suffered burns over 40 to 60% of their bodies caused by an illegal hash oil lab at a relative’s duplex in Butte County. The article also indicated at two of Northern California’s major burn treatment centers (UC Davis Medical Center and Shriners Hospitals), injuries from BHO explosions account for eight to 10% of severe burn cases. Between 2007 and 2014, there were 101 patients with suspected or confirmed burns from butane fires admitted to the two hospitals, and most were adults but six of the admitted patients were under 18 and some as young as two or three years old.
- PREVIOUS LEGISLATION.
- AB 772 (Baker) of 2015 would have prohibited any person from purchasing more than 400 milliliters of butane in a calendar month and would have applied existing seller requirements, as specified. AB 772 was set for a hearing in Assembly Public Safety Committee but the hearing was cancelled at the request of the author.
- AB 849 (Bonilla) of 2015 would have made it a public offense to recklessly cause an explosion that results in great bodily injury to any person, damage to a structure where a person is present, or damage to an inhabited dwelling, as specified. Along with other bills, AB 849 was vetoed by the Governor who indicated: “Each of these bills creates a new crime - usually by finding a novel way to characterize and criminalize conduct that is already proscribed. This multiplication and particularization of criminal behavior creates increasing complexity without commensurate benefit. Over the last several decades, California's criminal code has grown to more than 5,000 separate provisions, covering almost every conceivable form of human misbehavior. During the same period, our jail and prison populations have exploded. Before we keep going down this road, I think we should pause and reflect on how our system of criminal justice could be made more human, more just and more cost-effective.”
- SUPPORT. San Bernardino County Sheriff-Coroner John McMahon writes in support of this bill that it is important that cannabis businesses do not operate potentially dangerous equipment in populated neighborhoods and instead properly use commercial property with adequate health and safety standards.
- POLICY COMMENT. This bill prohibits a Level 2 licensee from manufacturing marijuana products using volatile solvents in a residential structure or on residential property. It is unclear whether this bill applies only where the residence is zoned residential. To further enhance public safety, this Committee recommends clarifying language to prohibit the manufacturing of marijuana products using volatile solvents in any property zoned for residential or mixed use or to prohibit its use on any property where a person resides.
- DOUBLE REFERRAL. This bill has been double referred. It passed the Assembly Business and Professions Committee with a vote of 14-0 on May 2, 2017.
REGISTERED SUPPORT / OPPOSITION:
Support
John McMahon, Sheriff-Coroner, San Bernardino County
Opposition
None on file.
Analysis Prepared by: Rosielyn Pulmano / HEALTH / (916) 319-2097
Date of Hearing:
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Evan Low, Chair
ABPCA Bill Id:AB 238
Author:(Steinorth) – As Amended Ver:April 18, 2017
SUBJECT: Nonmedical marijuana: manufacturing: volatile solvents in residential structures.
SUMMARY: Prohibits manufacturers of marijuana concentrate products from using volatile solvents in a residential structure or property.
EXISTING LAW:
- Establishes the Bureau of Marijuana Control (Bureau) under the Department of Consumer Affairs (DCA), to establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale of cannabis products. (Business and Professions Code (BPC) Section 26000 et seq.; BPC Section 19300 et seq.)
- Establishes that the State Department of Public Health (DPH) shall promulgate regulations to govern the licensing of manufacturers and testing laboratories. (BPC Code Section 26100 et seq.)
- Establishes that manufacturers using volatile solvents must be licensed as “Manufacturing Level 2.” (BPC Section 26100)
- Requires that Manufacturing Level 2 licensees shall use methods or procedures to limit the risk of explosion, combustion, or any other unreasonably dangerous risk to public safety caused by volatile solvents. (BPC Section 26105)
- Defines “volatile solvent” as volatile organic compounds, including: (1) explosive gases, such as Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, O2 or H2; and (2) dangerous poisons, toxins, or carcinogens, such as Methanol, Iso-propyl Alcohol, Methylene Chloride, Acetone, Benzene, Toluene, and Trichloro-ethylene. (Health and Safety Code 11362.3)
THIS BILL:
- Prohibits manufacturers of marijuana concentrate products from using volatile solvents in a residential structure or property.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS:
Purpose. This bill is author sponsored. According to the author, “Current state law allows the Bureau of Medical Cannabis Regulation to establish regulations for Manufacturing Level 2 licensees, but it remains silent on the types of regulations that the Bureau will establish for a licensee. Volatile-solvent cannabis extractors, using combustible gases like butane, have been involved in accidental explosions in residential buildings. As the cannabis industry transitions into an above ground economy, it is important that cannabis businesses do not operate potentially dangerous equipment in populated neighborhoods and instead properly use commercial property. In order to further public safety, AB 238 would clarify that volatile-solvent extractors cannot be used in a residential building.”
Background. History of Legal Cannabis in California. In 1996, California voters passed Proposition 215, legalizing the use of medical cannabis (MC) 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 MC. 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.
As of 2016, 28 states, the District of Columbia, and Guam allow MC programs. Though California was the first to authorize the medical use of cannabis, it was the only state that allowed cannabis use without a robust state regulatory framework until passage of MCRSA. States with MC laws generally have a form of patient registry, which may provide some protection against arrest for possession up to a certain amount of cannabis for personal medicinal use. A limited number of states restrict MC usage to products with low to zero THC and high CBD concentrations, in an effort to more strictly limit the use of THC due to its known psychoactive effects. To date, eight states, Alaska, Colorado, Oregon, Washington, California, Nevada, Massachusetts, Maine, and the District of Columbia have legalized recreational cannabis.
The authors of AUMA sought to make use of much of the regulatory structure and authorities set out by MCRSA while making a few notable changes to the structure being implemented. In addition, the AUMA approved by the voters adopted the January 1, 2018 deadline for state implementation of recreational cannabis in addition to the regulations required in MCRSA that are scheduled to take effect on the same date. The same agencies under MCRSA remain responsible for implementing regulations for adult use.
Under AUMA, the Department of Consumer Affairs (DCA), continues to serve as the lead regulatory agency for all cannabis, both medical and non-medical, and renames the existing Bureau of Medical Cannabis Regulation to the Bureau of Marijuana Control. AUMA includes 19 different license types compared to the 17 in MCRSA and authorizes DCA (and the Bureau) the exclusive authority to create and regulate a license for transportation of cannabis.
Concentrate and Butane Honey Oil (BHO) manufacturing. Hash oil, an increasingly popular form of concentrated cannabis, is manufactured through extraction with a solvent. As described below, the solvent most commonly used is butane, thus the name “Butane Honey Oil,” or “BHO.”
Explosions occur when butane that extracts the “oil” from marijuana fails to dissipate, builds up in an enclosed space and explodes from any spark. Extracting the oil outside largely eliminates the risk of explosion, as volatile butane quickly evaporates and disperses in the air. The increasing popularity of BHO, which is a form of concentrated cannabis, and the large profits that can be made from its manufacture, has resulted in a significant public safety issue from the damage caused when BHO labs explode. Because butane gas is odorless and colorless it can build up in a home or apartment without the occupants or neighbors being aware of the danger.
The concern over potential harms from volatile solvent processing has also caught the attention of Federal law enforcement, with the Bureau of Alcohol, Tobacco, Firearm, and Explosives (ATF) issuing a number of press releases addressing the process. While ATF has not taken a formal stance on the process, representatives have been quoted expressing concern. A March 2016 release quoted Daniel J. Kumor, ATF Special Agent in Charge / Boston Field division as saying “Unregulated production of BHO in our communities is a significant public safety problem, putting families, neighbors, and the general public at risk. It is dangerous and can be deadly.”
Regulation of Cannabis Manufacturing. DPH is in the process of drafting regulations on the manufacture of cannabis concentrates such as BHO and hash oil. As these regulations have not been released, it is unclear whether these pending regulations will address the manufacture of concentrates in residential communities.
Current Related Legislation. AB 64 (Bonta, Cooley, Jones-Sawyer, Lackey, Wood) of the current Legislative Session seeks to reconcile a number of differences between MCRSA and AUMA to provide clarity in regulation and enforcement of both medical and recreational cannabis. STATUS: This bill was heard by the Assembly Committee on Business and Professions on April 18, 2017and referred to the Committee on Appropriations.
Prior Related Legislation. AB 1575 (Bonta, Cooley, Jones-Sawyer, Lackey, Wood) of 2015 language on non-storefront dispensaries, corporate restructuring, and intellectual property. NOTE: This bill was held in the Senate Appropriations Committee.
AB 849 (Bonilla) of 2015 would have provided that a person that causes an explosion is guilty of a public offense. AB 849 was inspired by the manufacture of cannabis concentrates using butane. NOTE: This bill was vetoed by Governor Brown. The rationale provided by the Governor is that it created a new crime.
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: Jimmy Fremgen / B. & P. / 916-319-3301
Discussed in Hearing
2MIN
Assembly Floor
1MIN
Senate Standing Committee on Business, Professions and Economic Development
3MIN
Assembly Floor
7MIN
Assembly Standing Committee on Health
Bill Author
Bill Co-Author(s):
