AB 97: Cannabis.
- Session Year: 2019-2020
- House: Assembly
- Latest Version Date: 2019-07-01
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2019.
It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2019.
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Date
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Status
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|---|---|
| Jul 1, 2019 | Chaptered by Secretary of State - Chapter 40, Statutes of 2019. |
| Jul 1, 2019 | Approved by the Governor. |
| Jun 27, 2019 | Enrolled and presented to the Governor at 10 a.m. |
| Jun 27, 2019 | Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. |
| Jun 24, 2019 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 26 pursuant to Assembly Rule 77. |
| Jun 24, 2019 | Read second time. Ordered to third reading. |
| Jun 20, 2019 | Read third time and amended. Ordered to second reading. |
| Jun 13, 2019 | Read second time. Ordered to third reading. |
| Jun 12, 2019 | From committee: Do pass. (Ayes 11. Noes 3.) (June 12). |
| Jun 11, 2019 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R. |
| Jun 10, 2019 | In committee: Hearing postponed by committee. |
| Apr 24, 2019 | Referred to Com. on B. & F.R. |
| Apr 11, 2019 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 11, 2019 | Read third time. Passed. Ordered to the Senate. |
| Apr 8, 2019 | Read second time. Ordered to third reading. |
| Apr 4, 2019 | Assembly Rule 96 suspended. (Ayes 53. Noes 15.) |
| Jan 24, 2019 | Referred to Com. on BUDGET. |
| Dec 4, 2018 | From printer. May be heard in committee January 3. |
| Dec 3, 2018 | 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 27, 2019 | AB 97 BUDGET Concurrence - Urgency Added By TING | Assembly Floor |
Passed |
|
| Jun 24, 2019 | Assembly 2nd Reading AB97 BUDGET (Ting) By Mitchell Urgency Clause | Senate Floor |
Passed |
|
| Jun 12, 2019 | Do pass | Senate Standing Committee on Budget and Fiscal Review |
Passed |
|
| Apr 11, 2019 | AB 97 Ting Assembly Third Reading | Assembly Floor |
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.
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 97
Author:(Committee on Budget)
As Amended Ver:June 20, 2019
2/3 vote. Budget Bill Appropriation Takes Effect Immediately
SUMMARY:
This bill is the Cannabis trailer bill for 2019-20. It contains the necessary changes related to the 2019 Budget Act.
- Includes findings and declarations;
- Authorizes a licensing authority to issue a citation to a licensee or unlicensed person for any violations of existing law or regulations related to Control, Regulate and Tax Adult Use of Marijuana Act of 2016.
- Authorizes licensing authorities to assess administrative fines not to exceed $5,000 per violation for licensees and $30,000 per violation for an unlicensed person, per day, with due considerations to the appropriateness of the amount, as specified.
- Requires proceeds from citations to be used for the recovery of investigation and enforcement costs and be deposited into the Cannabis Control Fund, and the remaining proceeds to be deposited directly into the Cannabis Fines and Penalties Account, and be available upon appropriation by the Legislature.
- Clarifies that the Cannabis Control Appeals Panel is established in the Business, Consumer Services, and Housing Agency and authorizes the panel to hold a closed session for the purpose of holding a deliberative conference, as specified.
- Extends the repeal date for the provisional license provisions to January 1, 2022, and modifies the applicant requirements to provide evidence of compliance with local ordinances, as specified.
- Requires provisional license to be valid for no more than 12 months from the date it was issued.
- Authorizes a licensing authority, in its sole discretion, to renew the provisional license annually until the licensing authority issues or denies the provisional license. If the licensing authority renews a provisional license, requires the licensing authority to include the outstanding items needed to qualify for an annual license.
- Authorizes a licensing authority, in its sole discretion, to revoke or suspend a provisional license if the licensing authority determines the licensee failed to actively and diligently pursue requirements for an annual license. Requires a licensing authority to cancel a provisional license upon issuance of an annual license, denial of an annual license, abandonment of an application for licensure, or withdrawal of an application for licensure.
- Removes the requirement that the Department of Food and Agriculture be the sole determiner of designation and certification.
- Requires that not later than July 1, 2021, the State Department of Public Health establish a certification program for manufactured cannabis products that is comparable to the National Organic Program and the California Organic Food and Farming Act. Exempts the State Department of Public Health from the Administrative Procedures Act for purposes of administering the section.
- Extends the repeal date from July 1, 2019 to July 1, 2021, for provisions that provides that the California Environmental Quality Act does not apply to the adoption of an ordinance, rule, or regulation by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity.
- Authorizes the Governor's Office of Business and Economic Development to administer on behalf of the bureau, the provisions related to the review and granting of funding for cannabis equity programs. Requires an annual report by the bureau to the Legislature regarding the progress of local equity programs funded by these grants and to include a copy of the equity assessment, as defined, and equity program descriptions of each local jurisdiction that applies for grant funding.
- Exempts contracts entered into or amended by the State Department of Health Care Services from specified provisions of law governing public contracting for programs for youth that are designed to educate about and to prevent substance use disorders and to prevent harm from substance use funded from the Youth Education, Prevention, Early Intervention and Treatment Account.
- Includes an urgency clause.
The Senate Amendments:
COMMENTS:
This bill is a budget trailer bill within the overall 2019-20 budget package to implement actions related to cannabis.
According to the Author:
Arguments in Support:
None on file.
Arguments in Opposition:
None on file.
FISCAL COMMENTS:
VOTES:
ASSEMBLY FLOOR: 54-13-13
YES: Aguiar-Curry, Bauer-Kahan, Bloom, Boerner Horvath, Bonta, Burke, Calderon, Carrillo, Cervantes, Chau, Chu, Cooper, Daly, Eggman, Frazier, Friedman, Gabriel, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Limón, Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Weber, Wicks, Wood, Rendon
NO: Bigelow, Brough, Dahle, Flora, Fong, Gallagher, Kiley, Mathis, Melendez, Obernolte, Patterson, Voepel, Waldron
ABS, ABST OR NV: Arambula, Berman, Chen, Chiu, Choi, Cooley, Cunningham, Diep, Eduardo Garcia, Lackey, Levine, Low, Mayes
SENATE FLOOR: 28-9-3
YES: Allen, Archuleta, Atkins, Beall, Bradford, Caballero, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Hertzberg, Hill, Hueso, Hurtado, Leyva, McGuire, Mitchell, Monning, Pan, Portantino, Roth, Skinner, Stern, Umberg, Wieckowski, Wiener, Wilk
NO: Bates, Borgeas, Dahle, Grove, Jackson, Jones, Morrell, Nielsen, Stone
ABS, ABST OR NV: Chang, Moorlach, Rubio
UPDATED:
VERSION: June 20, 2019
CONSULTANT: Genevieve Morelos / BUDGET / (916) 319-2099 FN: 0001158
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 97 |
THIRD READING
Bill No: AB 97
Amended: 6/20/19 in Senate
SENATE BUDGET & FISCAL REVIEW COMMITTEE: 11-3, 6/12/19
AYES: Mitchell, Beall, Durazo, Hurtado, Leyva, McGuire, Monning, Roth, Skinner, Umberg, Wieckowski
NOES: Nielsen, Morrell, Stone
NO VOTE RECORDED: Jones, Moorlach, Pan, Stern
ASSEMBLY FLOOR: Not relevant
DIGEST:
This bill contains statutory provisions related to cannabis necessary to implement the Budget Act of 2019.
Senate Floor Amendments of 6/20/19 change the sunset date for provisional licenses, and include clean-up language for prior budget trailer legislation on organic-certified cannabis.
ANALYSIS: This bill makes the following statutory changes:
- Authorizes a licensing authority to issue a citation to a licensee or unlicensed person for any violations of existing law or regulations related to the Control, Regulate and Tax Adult Use of Marijuana Act of 2016.
- Authorizes licensing authorities to assess administrative fines not to exceed $5,000 per violation for licensees and $30,000 per violation for an unlicensed person, per day, with due considerations as to the appropriateness of the amount, as specified.
- Requires proceeds from citations to be used for the recovery of investigation and enforcement costs and to be deposited into the Cannabis Control Fund, and the remaining proceeds to be deposited directly into the Cannabis Fines and Penalties Account, and to be available upon appropriation by the Legislature.
- Clarifies that the Cannabis Control Appeals Panel is established in the Business, Consumer Services, and Housing Agency. This bill authorizes the Panel to hold a closed session for the purpose of holding a deliberative conference, as specified.
- Extends the repeal date for the provisional license provisions to January 1, 2022, and modifies the applicant requirements to provide evidence of compliance with local ordinances, as specified:
- Requires a provisional license to be valid for no more than 12 months from the date it was issued.
- Authorizes a licensing authority, in its sole discretion, to renew the provisional license annually until the licensing authority issues or denies the provisional license. If the licensing authority renews a provisional license, the bill would require the licensing authority to include the outstanding items needed to qualify for an annual license.
- Authorizes a licensing authority, in its sole discretion, to revoke or suspend a provisional license if the licensing authority determines the licensee failed to actively and diligently pursue requirements for an annual license. This bill requires a licensing authority to cancel a provisional license upon issuance of an annual license, denial of an annual license, abandonment of an application for licensure, or withdrawal of an application for licensure.
- Extends the repeal date for provisions that provide that the California Environmental Quality Act does not apply to the adoption of an ordinance, rule, or regulation by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity to July 1, 2021.
- Authorizes the Governor’s Office of Business and Economic Development to administer on behalf of the Bureau of Cannabis Control provisions related to the review and granting of funding for cannabis equity programs. This bill requires the report the Bureau is required to submit to the Legislature regarding the progress of local equity programs funded by these grants to be submitted annually and to include a copy of the equity assessment, as defined, and equity program descriptions for each local jurisdiction that applies for grant funding.
- Exempts contracts entered into or amended by the State Department of Health Care Services and funded from the Youth Education, Prevention, Early Intervention and Treatment Account from specified provisions of law governing public contracting for programs for youth that are designed to educate about, and to prevent, substance use disorders and to prevent harm from substance use.
- Clarifies previous budget trailer legislation that implemented an organic-certification program for cannabis to include manufactured cannabis products.
- Adds an urgency clause, declaring that this bill take effect immediately.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
None received
OPPOSITION: (Verified 6/11/19)
None received
Prepared by: Yong Salas / B. & F.R. / 916-651-4103
6/24/19 13:54:29
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 97 |
THIRD READING
Bill No: AB 97
Amended: 6/11/19 in Senate
SENATE BUDGET & FISCAL REVIEW COMMITTEE: 11-3, 6/12/19
AYES: Mitchell, Beall, Durazo, Hurtado, Leyva, McGuire, Monning, Roth, Skinner, Umberg, Wieckowski
NOES: Nielsen, Morrell, Stone
NO VOTE RECORDED: Jones, Moorlach, Pan, Stern
ASSEMBLY FLOOR: Not relevant
DIGEST:
This bill contains statutory provisions related to cannabis necessary to implement the Budget Act of 2019.
ANALYSIS: This bill makes the following statutory changes:
- Authorizes a licensing authority to issue a citation to a licensee or unlicensed person for any violations of existing law or regulations related to the Control, Regulate and Tax Adult Use of Marijuana Act of 2016.
- Authorizes licensing authorities to assess administrative fines not to exceed $5,000 per violation for licensees and $30,000 per violation for an unlicensed person, per day, with due considerations as to the appropriateness of the amount, as specified.
- Requires proceeds from citations to be used for the recovery of investigation and enforcement costs and to be deposited into the Cannabis Control Fund, and the remaining proceeds to be deposited directly into the Cannabis Fines and Penalties Account, and to be available upon appropriation by the Legislature.
- Clarifies that the Cannabis Control Appeals Panel is established in the Business, Consumer Services, and Housing Agency. This bill authorizes the Panel to hold a closed session for the purpose of holding a deliberative conference, as specified.
- Extends the repeal date for the provisional license provisions to January 1, 2025, and modifies the applicant requirements to provide evidence of compliance with local ordinances, as specified:
- Requires a provisional license to be valid for no more than 12 months from the date it was issued.
- Authorizes a licensing authority, in its sole discretion, to renew the provisional license annually until the licensing authority issues or denies the provisional license. If the licensing authority renews a provisional license, the bill would require the licensing authority to include the outstanding items needed to qualify for an annual license.
- Authorizes a licensing authority, in its sole discretion, to revoke or suspend a provisional license if the licensing authority determines the licensee failed to actively and diligently pursue requirements for an annual license. This bill requires a licensing authority to cancel a provisional license upon issuance of an annual license, denial of an annual license, abandonment of an application for licensure, or withdrawal of an application for licensure.
- Extends the repeal date for provisions that provide that the California Environmental Quality Act does not apply to the adoption of an ordinance, rule, or regulation by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity to July 1, 2021.
- Authorizes the Governor’s Office of Business and Economic Development to administer on behalf of the Bureau of Cannabis Control provisions related to the review and granting of funding for cannabis equity programs. This bill requires the report the Bureau is required to submit to the Legislature regarding the progress of local equity programs funded by these grants to be submitted annually and to include a copy of the equity assessment, as defined, and equity program descriptions for each local jurisdiction that applies for grant funding.
- Exempts contracts entered into or amended by the State Department of Health Care Services and funded from the Youth Education, Prevention, Early Intervention and Treatment Account from specified provisions of law governing public contracting for programs for youth that are designed to educate about, and to prevent, substance use disorders and to prevent harm from substance use.
- Adds an urgency clause, declaring that this bill take effect immediately.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
None received
OPPOSITION: (Verified 6/11/19)
None received
Prepared by: Yong Salas / B. & F.R. / 916-651-4103
6/14/19 11:23:05
**** END ****
ASSEMBLY THIRD READING
ATR Bill Id:AB 97
Author:(Ting)
As Introduced Ver:December 3, 2018
Majority vote. Budget Bill Appropriation Takes Effect Immediately
SUMMARY:
This bill expresses the intent of the Legislature to enact statutory changes relating to the Budget Act of 2019.
Major Provisions
COMMENTS:
According to the Author:
Arguments in Support:
Arguments in Opposition:
FISCAL COMMENTS:
VOTES:
UPDATED:
VERSION: December 3, 2018
CONSULTANT: Christian Griffith / BUDGET / (916) 319-2099 FN: 0000140
SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW
Senator Holly Mitchell, Chair
2019 - 2020 Regular
Bill No: AB 97 Hearing Date: June 12, 2019
Author: | Committee on Budget | ||
Version: | June 11, 2019 Amended | ||
Urgency: | Yes | Fiscal: | Yes |
Consultant: | Yong Salas | ||
Subject: Cannabis
Summary:
This bill contains statutory provisions related to cannabis necessary to implement the Budget Act of 2019.
Proposed Law:
This bill makes the following statutory changes:
- Authorizes a licensing authority to issue a citation to a licensee or unlicensed person for any violations of existing law or regulations related to the Control, Regulate and Tax Adult Use of Marijuana Act of 2016.
- Authorizes licensing authorities to assess administrative fines not to exceed $5,000 per violation for licensees and $30,000 per violation for an unlicensed person, per day, with due considerations as to the appropriateness of the amount, as specified.
- Requires proceeds from citations to be used for the recovery of investigation and enforcement costs and to be deposited into the Cannabis Control Fund, and the remaining proceeds to be deposited directly into the Cannabis Fines and Penalties Account, and to be available upon appropriation by the Legislature.
- Clarifies that the Cannabis Control Appeals Panel is established in the Business, Consumer Services, and Housing Agency. The bill would authorize the panel to hold a closed session for the purpose of holding a deliberative conference, as specified.
- Extends the repeal date for the provisional license provisions to January 1, 2025 and modifies the applicant requirements to provide evidence of compliance with local ordinances, as specified:
- Requires a provisional license to be valid for no more than 12 months from the date it was issued.
- Authorizes a licensing authority, in its sole discretion, to renew the provisional license annually until the licensing authority issues or denies the provisional license. If the licensing authority renews a provisional license, the bill would require the licensing authority to include the outstanding items needed to qualify for an annual license.
- Authorizes a licensing authority, in its sole discretion, to revoke or suspend a provisional license if the licensing authority determines the licensee failed to actively and diligently pursue requirements for an annual license. The bill would require a licensing authority to cancel a provisional license upon issuance of an annual license, denial of an annual license, abandonment of an application for licensure, or withdrawal of an application for licensure.
- Extends the repeal date for provisions that provide that the California Environmental Quality Act does not apply to the adoption of an ordinance, rule, or regulation by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity to July 1, 2021.
- Authorizes the Governor’s Office of Business and Economic Development to administer on behalf of the Bureau of Cannabis Control provisions related to the review and granting of funding for cannabis equity programs. The bill would require the report the bureau is required to submit to the Legislature regarding the progress of local equity programs funded by these grants to be submitted annually and to include a copy of the equity assessment, as defined, and equity program descriptions for each local jurisdiction that applies for grant funding.
- Exempts contracts entered into or amended by the State Department of Health Care Services and funded from the Youth Education, Prevention, Early Intervention and Treatment Account from specified provisions of law governing public contracting for programs for youth that are designed to educate about, and to prevent, substance use disorders and to prevent harm from substance use.
- Adds an urgency clause, declaring that the bill take into effect immediately.
Support:
None on file.
Opposed:
None on file.
-- END --
Bill Author
Bill Co-Author(s):