California Assembly Bill AB2650 Amended / Bill

 BILL NUMBER: AB 2650AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 15, 2010 AMENDED IN ASSEMBLY APRIL 8, 2010 INTRODUCED BY Assembly Member Buchanan FEBRUARY 19, 2010 An act to add Section 11362.768 to the Health and Safety Code, relating to  inmates   medical marijuana  . LEGISLATIVE COUNSEL'S DIGEST AB 2650, as amended, Buchanan. Medical marijuana. Existing law added by initiative, the Compassionate Use Act of 1996, prohibits any physician from being punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes. The act prohibits the provisions of law making unlawful the possession or cultivation of marijuana from applying to a qualified patient, the qualified patient's primary caregiver, or an individual who provides assistance to the qualified patient or the qualified patient's primary caregiver, who possesses, cultivates, or distributes marijuana for the personal medical purposes of the qualified patient upon the written or oral recommendation or approval of a physician. Existing statutory law requires the State Department of Public Health to establish and maintain a voluntary program for the issuance of identification cards to qualified patients and establishes procedures under which a qualified patient with an identification card may use marijuana for medical purposes. Existing law regulates qualified patients, a qualified patient's primary caregiver, and individuals who provide assistance to the qualified patient or the qualified patient's primary caregiver, as specified. A violation of these provisions is generally a misdemeanor. This bill would provide that no medical marijuana cooperative, collective, dispensary, operator, establishment, or provider  ,   authorized by law to possess, cultivate, or distribute medical marijuana  shall be located within a 1,000-foot radius of a school,  public park, public library, religious institution, licensed child care facility, youth center, substance abuse rehabilitation center, or any preexisting medical marijuana cooperative, collective, dispensary, operator, establishment, or provider,  as specified. By creating a new crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 11362.768 is added to the Health and Safety Code, to read: 11362.768. (a) This section shall apply to individuals specified in subdivision (b) of Section 11362.765. (b) No medical marijuana cooperative, collective, dispensary, operator, establishment, or provider who possesses, cultivates, or distributes medical marijuana pursuant to this article shall be located within a 1,000-foot radius of a  school, public park, public library, religious institution, licensed child care facility, youth center, substance abuse rehabilitation center, or any preexisting medical marijuana cooperative, collective, dispensary, operator, establishment, or provider.   school.  (c) The  distances   distance  specified in this section shall be the horizontal distance measured in a straight line from the property line of the  school, public park, public library, religious institution, licensed child care facility, youth center, substance abuse rehabilitation center, or preexisting medical marijuana cooperative, collective, dispensary, operator, establishment, or provider, to the closest   school to the closest  property line of the lot on which the medical marijuana cooperative, collective, dispensary, operator, establishment, or provider is to be located without regard to intervening structures. (d) This section shall not apply to a medical marijuana cooperative, collective, dispensary, operator, establishment, or provider that is also a licensed residential medical or elder care facility.  (e) This section applies only to a medical marijuana cooperative, collective, dispensary, operator, establishment, or provider that is authorized by law to possess, cultivate, or distribute medical marijuana.   (f) Nothing in this section shall be construed to supersede existing local ordinances that impose more restrictive requirements on the location of a medical marijuana cooperative, collective, dispensary, operator, establishment, or provider that is authorized by law to possess, cultivate, or distribute medical marijuana.  SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.