Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), approved by the voters as Proposition 64 at the November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of age and older. Under AUMA, a person 18 years of age or older who plants, cultivates, harvests, dries, or processes more than 6 living cannabis plants, or any part thereof, is guilty of a misdemeanor and may be charged with a felony if specified conditions exist, including when the offense causes substantial environmental harm to public lands or other public resources. The act additionally makes it an infraction for a person less than 21 years of age to plant, cultivate, harvest, dry, or process fewer than 6 living cannabis plants.

AUMA authorizes the Legislature to amend its provisions with a ²/₃ vote of both houses to further its purposes and intent.

This bill would make a technical, nonsubstantive change to those provisions. amend AUMA to make it a felony, punishable by 16 months or 2 or 3 years in county jail, for a person over 18 years of age, but under 21 years of age to plant, cultivate, harvest, dry, or process any quantity of living cannabis plants. The bill would additionally make it a felony, punishable by 16 months or 2 or 3 years in county jail, for a person over 21 years of age to plant, cultivate, harvest, dry, or process more than 6 living cannabis plants. By increasing the penalty for a crime, this bill would impose a state-mandated local program.

Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), approved by the voters as Proposition 64 at the November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of age and older. Under AUMA, a person 18 years of age or older who plants, cultivates, harvests, dries, or processes more than 6 living cannabis plants, or any part thereof, may be charged with a felony if specified conditions exist, including when the offense causes substantial environmental harm to public lands or other public resources.

This bill would make a technical, nonsubstantive change to those provisions.

Date of Hearing:

Counsel: Ilan Zur

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Kevin McCarty, Chair

ABPCA Bill Id:AB 2850

Author:(Rodriguez) – As Amended Ver:March 21, 2024

SUMMARY:

Creates a new felony for persons 18 to 20 years of age who plant, cultivate, harvest, dry, or process any cannabis plants. Specifically, this bill:

1. Makes it a felony, rather than an infraction, for a person 18 to 20 years of age who plants, cultivates, harvests, dries, or processes any cannabis plants.
2. Makes it a felony for any person at least 21 years old to plant, cultivate, harvest, dry, or process more than six living cannabis plants, irrespective of whether a person has prior convictions, or if the cultivation violates environmental laws pertaining to discharge of waste, water pollution, diversion of rivers, streams, or lakes, dumping of hazardous waste, endangered species, or harm to ground water, public lands, or public resources.

EXISTING LAW:

1. Provides that any person under 18 years of age who plants, cultivates, harvests, dries, or processes any cannabis plants is guilty of an infraction and shall be required to complete eight hours of drug education or counseling and up to 40 hours of community service for their first offense. (Health & Saf. Code, §11358, subd. (a), § 11357, subd. (1)(b).)
2. Provides that any person at least 18 years of age but less than 21 years of age who plants, cultivates, harvests, dries, or processes not more than six living cannabis plants is guilty of an infraction and a fine of not more than $100. (Health & Saf. Code, § 11358, subd. (b).)
   
3. Provides that the penalty for any person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants is imprisonment in a county jail for a period of not more than six months or by a fine of not more than $500, or both. (Health & Saf. Code, § 11358, subd. (c).)
   
4. Provides that a person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants, or any part thereof, may be punished by imprisonment in a county jail for 16 months, or 2 or 3 years, if any of the following conditions exist:
   
   1. The person has one or more prior convictions for specified felonies or for an offense requiring sex offender registration;
      
   2. The person has two or more prior convictions for planting, cultivating, harvesting, drying, or processing more than six living cannabis plants; or,
      
   3. The offense resulted in any of the following:
      
      1. Illegal diversion of water;
         
      2. Violation of laws related to the discharge of waste;
         
      3. Violation of laws related to polluting waters of the state;
         
      4. Diversion or obstruction of the natural flow of rivers, streams, and lakes;
         
      5. Dumping hazardous substances or other unlawful activity related to hazardous waste;
         
      6. Violations of law related to endangered and threatened species, the Migratory Bird Treaty Act, or the unlawful taking of fish and wildlife; or,
         
      7. Intentionally or with gross negligence causing substantial environmental harm to surface or ground water, public lands or other public resources. (Health & Saf. Code, § 11358, subd. (d).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "Illegal cannabis cultivation in California is rampant. Widespread illicit operations undercut legal farmers and cause severe environmental damage. Workers in these illegal farms are exposed to unsafe conditions, inadequate housing, and wage theft. Due to the misdemeanor classification of illegally cultivating cannabis, growers are only cited and released, subsequently resuming operations soon after arrest. With no jail time and only a small monetary fine, illegal growers will only continue to harm the environment, unfairly compete against law-abiding cannabis businesses, and continue abusing their workers. AB 2850 seeks to address this issue by changing the penalty for illegal cannabis cultivation to a felony, making it more difficult for these operations to persist.”
   
2. This Bill Creates Multiple New Felonies for Cannabis Cultivation by Individuals: Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), was adopted by the voters on November 8, 2016, and became effective the following day. (California Secretary of State (SOS), Statement of the Vote at p. 12 https://elections.cdn.sos.ca.gov/sov/2016-general/sov/2016-complete-sov.pdf> (June 20, 2023).)

Proposition 64 made several major changes including: decriminalizing the possession of up to one ounce of cannabis, and up to eight grams of cannabis concentrates; decriminalizing the cultivation of up to six cannabis plants; reducing the penalties for specified cannabis offenses from felonies to misdemeanors, and from misdemeanors to infractions; and creating a statutory framework to regulate the cultivation, distribution, sale and tax of cannabis products. (SOS, Proposition 64 (2016), at pp. 178-210, <https://vig.cdn.sos.ca.gov/2016/general/en/pdf/complete-vig.pdf> [June 20, 2023].)

This bill would, create multiple new felonies associated with planting, cultivating, harvesting, drying, or processing marijuana.

First, AB 2850 makes it a felony, rather than an infraction, for a person 18 to 20 years of age to plant, cultivate, harvest, dry, or process any number of cannabis plants. Under existing law, 18 to 20 year olds who plant, cultivate, harvest, dry or process between one and six cannabis plants may face an infraction or a fine of $100. Further, persons 18 years or age or over who plant, cultivate, harvest, dry or process more than six cannabis plants can face a fine of $500 or up to six months in county jail. This bill would make it a felony for an 18 to 20 year old to plant, cultivate, harvest, dry or process any number of cannabis plants. For example, consider an 18 year old who plants a single cannabis plant in their backyard or agrees to trim or harvest a cannabis plant planted by their parent, neighbor, or friend, for $20. Rather than facing an infraction or $100 fine, the 18 year old would be require to be sentenced to 16 months, two years, or three years in county jail, or state prison if the person has prior specified convictions.

Second, AB 2850 makes it a felony for any person at least 21 years old to plant, cultivate, harvest, dry, or process more than six living cannabis plants, irrespective of prior convictions, or if the cultivation violates certain environmental laws. Proposition 64 allowed for a person over 18 who plants, cultivates, harvests, dries, or processes more than six living cannabis plants to be prosecuted with a felony in a narrow list of circumstances. Specifically, such persons could be charged with a felony, punishable by imprisonment in county jail (or state prison if certain conditions are met) for 16 months, or two or three years, if:

• 1. The person has one or more prior convictions for a specified felony;
     
  2. The person has two or more prior convictions for cannabis cultivation;
     
  3. The offense resulted in violations of the Water Code relation to illegal diversion and discharge of water, violations of the Fish and Game Code relating to water pollution and endangered species, fish and wildlife; violations of the Penal Code relating to pollution and environmental hazards; violations of the Health and/or Safety Code relating to hazardous waste; or,
  4. The offence was done intentionally or with gross negligence causing substantial environmental harm to surface or ground water, public lands, or other public resources.

AB 2850 would make it a felony, for any person 21 years or older to plant, cultivate, harvest, dry, or process more than six cannabis plants. Specifically, it removes Prop 64’s requirement that persons can only be charged with a felony for cultivating more than six cannabis plants if they have convictions for specified felonies, two or more prior convictions for cannabis cultivation, or if the cultivation violates specified environmental laws.

This significantly expands the types of persons that can be prosecuted with a felony for cannabis cultivation. For example, a 21 year old who adds a row of 7 cannabis plants to their backyard garden would be punished with up to three years in county jail. This would be the case even if the person has no criminal record and the cultivation of the plants does not create any environmental harm. This constitutes a notable deviation from Prop 64, which only allows for cannabis cultivation to be prosecuted as a felony where a person had significant prior criminal history and where the cultivation caused harm to surrounding water systems and endangered specifies.

1. Unintended Consequences: Overcrowding of County Jails, Deportations, Racial Disparities: First, by creating a new felony, punishable by up to three years in county jail, for persons 18 to 20 who plant a single cannabis plant, and by making it a felony for any persons 21 years and older to plant more than six plants (regardless of prior convictions or resulting environmental harm) AB 2850 can be expected to increase the number of persons incarcerated in county jails.

This will likely exacerbate existing overcrowding issues and associated in-custody deaths in county jails, given jails have been grappling with their overcrowding issues, heightened by COVID-19. (PPIC, California’s Prison Population Drops Sharply, but Overcrowding Still Threatens Prisoner Health (March 2, 2021) <https://www.ppic.org/blog/californias-prison-population-drops-sharply-but-overcrowding-still-threatens-prisoner-health/> [June 20, 2023].) This is particularly relevant, given that incarcerated persons are dying in county jails at record rates in California. According to the Department of Justice, “Since the passage of Public Safety Realignment in 2011 - which mandated that individuals sentenced for specific non-violent offenses be housed in county jails rather than state prisons - the share of deaths in custody reported from county sheriff's departments (who manage county jail systems) has grown from 17.1 percent in 2010 to 22.2 percent in 2014….” (Department of Justice, Death in Custody from 2010 to 2019. (July 5, 2023). Available at: <https://openjustice.doj.ca.gov/data-stories/2019/death-custody-2010-2019> [as of March 26, 20240.) The percentage of county jail deaths rose to 20.6 percent in 2019. (Id.) In 2022, 215 persons died in California jails, a record high considering data going back to 2005. (Duara and Kimelman, California jails are holding thousands fewer people, but far more are dying in them. (March 25, 2024). Available at <https://calmatters.org/justice/2024/03/death-in-california-jails/> [as of March 26, 2024].)

Second, the creation of new felonies for cannabis cultivation may have the unintended immigration consequences for low level employees of cannabis operations including migrant workers. This bill would also subject these individuals not only to fines, fees and incarceration, but also to numerous collateral consequences. For example, for non-U.S. citizens, the federal immigration consequences of a drug conviction are severe. Upon a drug conviction, a non-citizen may become automatically deportable and inadmissible, and the conviction may subject the defendant to mandatory immigration detention, without bond. (8 U.S.C. § 1227(a)(2)(B); 8 U.S.C. § 1182(a)(2)(A)(i)(II); 8 U.S.C. § 1226(c)(1).)

Third, the new felonies proposed by this bill can be expected to disproportionately impact people of color. According to the California Research Bureau “Despite the legalization of cannabis in the state [] Black people continue to be overrepresented in felony and misdemeanor marijuana arrests by roughly three (felony) and two times (misdemeanor) their representation in the population. According to California Department of Justice data, Hispanic people in California are also overrepresented in misdemeanor and felony marijuana arrests compared to their representation in the population (See Table 1). Marijuana arrest rates tend to be highest in marijuana-producing California counties such as Mendocino, where the arrest rate for Black people was nearly 10 times higher than the arrest rate for white people in 2016.” California Research Bureau, Criminalization of Cannabis Led to Inequities. Now State Revenue Seek to Address (May 2021). Available at: <https://www.library.ca.gov/wp-content/uploads/crb-reports/2021_05_Cannabis_Policy_Brief.pdf>[as of April 17, 2024].) In some counties, marijuana arrests for cannabis cultivation are brought almost exclusively against Asian Americans. Public Record Act Request data noted in ACLU Cal Action’s letter provides “[t]oday, arrests for unpermitted cannabis cultivation are similarly racially skewed. In Siskiyou County, for instance, 93% of people arrested for illicit cultivation are Asian-American. In San Bernardino County, 86% of arrests were of Asian-Americans or Latin[] Americans.”

Further, not only do communities of color continue to experience the negative impacts of cannabis prohibition, but they have largely remained locked out of the benefits of the legalized cannabis market. For example, concerns have been raised that policies aimed at water usage for unlawful cannabis cultivation have been used to targeted minority communities. (See, e.g., “ro” Lo v. Cnty. of Siskiyou (E.D. Cal. 2021) 558 F. Supp. 3d 850, 869 [ “the dehydration and de facto expulsion of a disfavored minority community cannot be the price paid in an effort to stop illegal cannabis cultivation and any attendant harms]; Los Angeles Times, A California county cuts off water to Asian pot growers. Is it racism or crime crackdown? (Oct. 26, 2021) <https://www.latimes.com/california/story/2021-10-26/weaponizing-california-water-against-illegal-pot-growers> [June 20, 2023]; The Guardian, Water, weed and racism: why Asians feel targeted in this rural California county (April 8, 2022) <https://www.theguardian.com/us-news/2022/apr/08/california-asian-discrimination-water-rights-siskiyou> [June 20, 2023].)

1. Numerous Criminal Penalties Already Address the Conduct this Bill Seeks to Prohibit: According to the author, this bill intends to address the harms associated with illegal cannabis cultivation, including the environmental damage associated with unregulated illegal operations. To the extent this bill is aimed at increasing penalties, there are currently a number of laws that prosecutors can use to charge these crimes that call for increased penalties.

As noted earlier, existing law already makes it a felony for a person who plants, cultivates, harvest, dries, or processes more than six cannabis plants if the offense results in: 1) an illegal diversion and discharge of water; 2) violations of the Fish and Game Code relating to water pollution and endangered species; 3) fish and wildlife; violations of the Penal Code relating to pollution and environmental hazards; 4) violations of the Health and/or Safety Code relating to hazardous waste; and 5) intentional or gross negligence causing substantial environmental harm to surface or ground water, public lands, or other public resources.

Further, separate statutory provisions separately punish the environmental harms that may result from illegal cannabis operations.

Violations of the Food and Agriculture Code: Food and Agriculture Code section 12996, already provides that any person who violates the code relating to pesticides is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $5,000 nor more than $50,000, or no more than six months imprisonment, or both fine and imprisonment. Subsequent convictions are subject to increased fines. If the offense involves an intentional or negligent violation that created or reasonably could have created a hazard to human health or the environment, the person is subject to imprisonment for up to one year, as specified, or a fine or not less than $15,000 and no more than $100,000, or both the fine and imprisonment.

Taking or Using Water without Permission: Further, a person who takes or uses water without permission, if the value is over $950, can be charged with grand theft, a felony. (Pen. Code, § 487.) A person who steals less than $950 worth of water can be charged with petty theft. (Pen. Code, § 490.2.) Further, the unauthorized diversion of water is trespass. (Wat. Code, § 1052.)

Extraction or Use of Groundwater: As stated above, extracting water from a well without authorization could be charged as felony grand theft, or misdemeanor petty theft. (Pen. Code, §§ 487, 490.2.) In addition, any who causes water unnecessarily to flow from the well or to go to waste is guilty of a misdemeanor. (Wat. Code, § 307.) Digging a well without filing required report with the state is also a misdemeanor. (Wat. Code, § 13754.)

Water Pollution: Additionally, many penalties already apply to water pollution. Penal Code section 347 makes it a felony, punishable by imprisonment in the state prison for two, four, or five years to put any harmful substance in any spring, well, reservoir or public water supply. Further, any person who knowingly or negligently violates any water waste discharge requirements, violates provisions of the federal Clean Water Act, or introduces any pollutant or hazardous substance into a sewer system or a publically owned treatment works can be punished by exorbitant fines ranging from $5,000 to $2 million per day of violation, and such conduct could be charged as a felony, punishable by imprisonment for two, three, or four years. (Wat. Code, § 13387.) Further, the Fish and Game Code prohibits depositing any material deleterious to life in the waters of this state, a violation of which is punishable by a $25,000 fine and civil penalties. (Fish & Game Code, § 5650.)

1. Increased Penalties Do Not Deter Crime: It is unclear whether creating new felonies for cannabis cultivation will have any additional deterrent effect. Research shows that increasing the severity of the punishment does little to deter the crime. Unduly long sentences are counterproductive for public safety and contribute to the dynamic of diminishing returns as the incarcerated population expands. (Long-Term Sentences: Time to Reconsider the Scale of Punishment, 87 UMKC L. Rev., 1 (Nov. 5, 2018).)

Increasingly punitive sentences add little to the deterrent effect of the criminal justice system; and mass incarceration diverts resources from program and policy initiatives that hold the potential for greater impact on public safety. (Ibid.) According to the National Institute of Justice, laws and policies designed to deter crime by focusing mainly on increasing the severity of punishment are ineffective partly because criminals know little about the sanctions for specific crimes. More severe punishments do not “chasten” individuals convicted of crimes, and prisons may exacerbate recidivism. Studies show that for most individuals convicted of a crime, short to moderate prison sentences may be a deterrent but longer prison terms produce only a limited deterrent effect. In addition, the crime prevention benefit falls far short of the social and economic costs. (National Institute of Justice, Five Things about Deterrence <https://www.ojp.gov/pdffiles1/nij/247350.pdf> [June 21, 2023].) “If the length of a prison term has little deterrent value, it may be time to forego the rationale of “sending a message.” (Long-Term Sentences: Time to Reconsider the Scale of Punishment, 87 UMKC L. Rev., 1 (Nov. 5, 2018) (citations omitted).) These findings are consistent with other research from national institutions of renown. (See Travis, The Growth of Incarceration in the United States: Exploring Causes and Consequences, National Research Council of the National Academies of Sciences, Engineering, and Medicine (April 2014) at pp. 130 -150 <https://academicworks.cuny.edu‌/cgi/‌view‌content.‌cgi‌?‌‌‌article=‌1026&context=jj_pubs> [June 21, 2023].)

1. California Constitutional Limitations on Amending a Voter Initiative: Because Proposition 64 was a voter initiative, the Legislature may not amend the statute without subsequent voter approval unless the initiative permits such amendment, and then only upon whatever conditions the voters attached to the Legislature’s amendatory powers. (People v. Superior Court (Pearson) (2010) 48 Cal.4th 564, 568; see also Cal. Const., art. II, § 10, subd. (c).) The California Constitution states, “The Legislature may amend or repeal referendum statutes. It may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without their approval.” (Cal. Const., art. II, § 10, subd. (c).)

Therefore, unless the initiative expressly authorizes the Legislature to amend, only the voters may alter statutes created by initiative. The purpose of California’s constitutional limitation on the Legislature’s power to amend initiative statutes is to protect the people’s initiative powers by precluding the Legislature from undoing what the people have done, without the electorate’s consent. As to the Legislature’s authority to amend the initiative, Proposition 64 states: The Legislature may by majority vote amend, add, or repeal any provisions to further reduce the penalties for any of the offenses addressed by this act. Except as otherwise provided, the provisions of the act may be amended by a two-thirds vote of the Legislature to further the purposes and intent of the act. (Proposition 64, supra, § 10.)

The listed purposes and intent of Prop 64 include: 1) establish[ing] “a comprehensive system to legalize, control and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana, including marijuana products, for use by adults 21 years and older, and to tax commercial growth and retail sale of marijuana”; 2) tak[ing] nonmedical marijuana production and sales out of the hands of the illegal market and bring them under a regulatory structure that prevents access by minors and protects public safety, public health, and the environment”; 3) permit[ing] adults 21 years and older to use, possess, purchase and grow nonmedical marijuana within defined limits for use by adults 21 years and older as set forth in this act”; 4) “prevent[ing] illegal production or distribution of marijuana”; 4) “preserv[ing] scarce law enforcement resources to prevent and prosecute violent crime”; and 5) “require[ing] minors who commit marijuana-related offenses to complete drug prevention education or counseling and community service.” (Proposition 64, supra, § 3.) The stated purpose and intent does not include any mention of increasing penalties and creating new felonies associated with cannabis cultivation. (Id., at § 3.) (emphasis added)

This bill makes it a felony, rather than an infraction, for a person 18 to 20 years of age to cultivate any cannabis plants and makes it a felony for any persons 21 years and older to plant more than six plants (regardless of prior convictions or resulting environmental harm) cannabis offenses addressed by Proposition 64. This conflicts with Prop 64’s purposes to prioritize law enforcement reasons to address violent crime and generally permit the cultivation of marijuana for persons over 21. As such, AB 2850 is very likely inconsistent with the purpose and intent of Proposition 64 and pursuant to the above-referenced provisions of the California Constitution, may require voters to authorize the provisions.

1. Argument in Support: According to the California State Sheriff’s Association “Unfortunately, California’s transition into a regulated cannabis industry has turned the marijuana cultivation industry into a lucrative illicit business. Illicit growers have been operating with impunity, which has had a tremendous impact on the allocation of law enforcement resources. This proposal would ensure that those who illegally cultivate cannabis are charged with a felony and held accountable for their illegal operations. These acts damage the environment and squeeze out participants in the regulated market. This bill will help law enforcement fight the illicit marijuana market. For these reasons, CSSA is pleased to support AB 2850.”
   
2. Argument in Opposition: According to ACLU California Action “For decades, Black Californians were disproportionately arrested and jailed for marijuana offenses. Today, arrests for unpermitted cannabis cultivation are similarly racially skewed. In Siskiyou County, for instance, 93% of people arrested for illicit cultivation are Asian-American. In San Bernardino County, 86% of arrests were of Asian-Americans or Latin[] Americans. Currently, over two-thirds of cities and counties in California ban non-personal cannabis cultivation. The vast majority of these localities continue to ban any type of commercial cannabis activity in their jurisdictions. In many, any cultivation of more than six plants is impermissible. AB 2850 would reward their refusal to legalize cannabis, allowing them to return to full-scale felony prosecutions of cultivators.

In some of these localities, law enforcement officials have openly racist motivations for their continued War on Drugs – and have already been trying to find a way to jail people of color on felony charges for cultivating marijuana. For instance, in Siskiyou County, public records revealed that the District Attorney’s office has explicitly attempted to use arcane Water Code sections to target Hmong-American cannabis cultivators with felony charges, with one prosecutor writing: “I think that the Hmongs will care about felony charges, so this should help.” These prosecutions are occurring in a context where a county supervisor has compared the influx of Hmong-Americans to the area to “the rise of Sharia law in Europe” and the local sheriff has expressed racist concerns that Asian cultivators eat dogs. AB 2850 would only give more tools for local law enforcement and prosecutors to target minority cultivators with disparate penalties. AB 2850 would lead to a surge of local jail populations, diverting millions of dollars to incarceration in dangerous conditions rather than social services. In San Bernardino County, for instance, the Sheriff’s Office cited 2,725 people with illicit cannabis cultivation in 2021 and 2022. Similar numbers of individuals could be charged with felonies in San Bernardino if AB 2850 passes.”

1. Related Legislation:
   1. SB 753 (Caballero), Chapter 504, Statutes of 2023, makes it a felony for an adult who plants, cultivates, harvests, dries, or processes more than six living cannabis plants to intentionally or with gross negligence cause substantial environmental harm to surface or groundwater.
2. SB 756 (Laird), Chapter 158, Statutes of 2023, enhanced the enforcement authorities of the State Water Resources Control Board (State Water Board) and the nine Regional Water Quality Control Boards (regional water boards) as it relates to unlicensed cannabis cultivation.
   
   1. AB 1684 (Maienschein), Chapter 477, Statutes of 2023, expands existing law that allows local agencies to immediately impose administrative fines or penalties for specified violations that exist as a result of the unlicensed cultivation of cannabis to also include the unlicensed manufacturing, processing, distribution, or retail sale of cannabis.
      
3. Prior Legislation:
   1. SB 1426 (Caballero), of the 2021-2022 Legislative Session, makes it an alternate felony/misdemeanor (a “wobbler”) to plant, cultivate, harvest, dry, or process more than 50 living cannabis plants when that activity involves unauthorized tapping into a water conveyance or storage infrastructure, or digging an unpermitted well. SB 1426 was held in the Senate Appropriations Committee.
      
   2. AB 195 (Committee on Budget and Fiscal Review), Chapter 56, Statutes of 2022, among other things, authorized, for a violation resulting from unlicensed cannabis cultivation, a civil action brought by a county counsel or city attorney, as specified.
   3. AB 2421 (Rubio), of the 2021-2022 Legislative Session, would have authorized a county counsel to file a civil action relating to unlawful water pollution and unauthorized water diversions due to unlicensed cannabis cultivation on behalf of the state. AB 2421 was referred to, but never heard in the Senate Judiciary Committee.
   4. AB 1725 (Smith) of the 2021-2022 Legislative Session, makes it a felony, punishable by 16 months or 2 or 3 years in county jail to plant, cultivate, harvest, dry, or process more than 6 living cannabis plants. The bill would additionally make it a felony, punishable by 16 months or 2 or 3 years in county jail, for a person at least 18 years of age but less than 21 years of age to plant, cultivate, harvest, dry, or process less than 6 living cannabis plants. AB 1725 was never heard by Assembly Public Safety Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

California State Sheriffs' Association

Oppose

ACLU California Action
Asian Americans Advancing Justice - Asian Law Caucus
Big Sur Farmers Association
California Alliance for Youth and Community Justice
California Norml
California Public Defenders Association
Californians for Safety and Justice
Californians United for A Responsible Budget
Drug Policy Alliance
Ella Baker Center for Human Rights
Freedom 4 Youth
Humboldt County Growers Alliance
Initiate Justice
Initiate Justice Action
LA Defensa
Legal Services for Prisoners With Children
Mendocino Cannabis Alliance
Nevada County Cannabis Alliance
Origins Council
Silicon Valley De-bug
Smart Justice California, a Project of Tides Advocacy
Team Justice
Trinity County Agriculture Alliance
Uncommon Law
Vera Institute of Justice
Young Women's Freedom Center

Analysis Prepared by:

Ilan Zur / PUB. S. / (916) 319-3744