Old | New | Differences | |
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1 | - | Amended IN Assembly | |
1 | + | Amended IN Assembly March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2520Introduced by Assembly Member CooperFebruary 14, 2018 An act to amend Sections 777.1 and 777.2 of the Insurance Code, relating to insurance. add and repeal Section 11361.9 to the Health and Safety Code, relating to cannabis.LEGISLATIVE COUNSEL'S DIGESTAB 2520, as amended, Cooper. Insurance: inducements. California Illegal Marijuana Task Force.Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), which includes the Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA) enacted by the voters at the November 8, 2016, statewide general election, aims to take nonmedical cannabis production and sales out of the hands of the illegal market by regulating the cultivation, distribution, and use of cannabis for nonmedical purposes by individuals 21 years of age and older. This bill would create the California Illegal Marijuana Task Force, which would, among other things, analyze existing statutes to determine if they adequately address illegal cannabis cultivation, manufacturing, distribution, sales, and diversion of cannabis to other states, and recommend necessary revisions or new provisions. The bill would specify the membership of the task force, and would require members to be selected and to meet no later than March 1, 2019. The bill would require the task force to conduct a study, as specified, and report its findings to the Legislature on or before December 31, 2019. The bill would repeal these provisions as of January 1, 2022.Existing law prohibits an insurer from participating in a plan to offer or effect any kind of insurance or annuities in this state as an inducement to the purchase or rental by the public of any property or services, without a separate charge to the insured for the insurance, with specified exceptions. Existing law prohibits an agent, broker, or solicitor from arranging the sale of that insurance. A willful violation of these provisions by an insurer, agent, broker, or solicitor is subject to suspension or revocation of his or her certificate, license, or other authority to do business or engage in his or her occupation for a period not exceeding one year.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares the following:(a) In November 1996, the voters approved Proposition 215, which decriminalized the use of medicinal cannabis in California.(b) In 2015, California enacted three billsChapter 332 of the Statutes of 2015 (Senate Bill 643), Chapter 688 of the Statutes of 2015 (Assembly Bill 243), and Chapter 689 of the Statutes of 2015 (Assembly Bill 266)that together established a comprehensive state regulatory framework for the licensing and enforcement of cultivation, manufacturing, retail sale, transportation, storage, delivery, and testing of medicinal cannabis in California. This regulatory framework is known as the Medical Cannabis Regulation and Safety Act (MCRSA).(c) In November 2016, the voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). Under Proposition 64, adults 21 years of age or older may legally grow, possess, and use cannabis for nonmedicinal purposes, with certain restrictions. As of January 1, 2018, AUMA makes it legal under state law to sell and distribute cannabis through a regulated business.(d) The intent of MCRSA and AUMA was to ensure a comprehensive regulatory system that takes production and sales of cannabis away from an illegal market and curtails the illegal diversion of cannabis from California into other states or countries.(e) In June 2017, the Legislature passed Senate Bill 94 (Chapter 27 of the Statutes of 2017) that integrated MCRSA with AUMA to create the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), contained in Division 10 (commencing with Section 26000) of the Business and Professions Code. Under MAUCRSA, a single regulatory system governs the medical and adult use cannabis industry in California.(f) Cannabis is cultivated in all 50 states, but the majority of domestically produced cannabis is grown in California. In 2016, the United States Drug Enforcement Agencys Domestic Cannabis Eradication/Suppression Program eradicated 5.3 million plants in the United States, 3.7 million of which were grown in California. Much of the cannabis grown in California is grown for exportation.(g) To promote a legal cannabis market, prevent illegal marijuana production, and avoid illegal diversion of marijuana to other states, California must take aggressive steps to attack the marijuana black market.SEC. 2. Section 11361.9 is added to the Health and Safety Code, to read:11361.9. (a) The California Illegal Marijuana Task Force is hereby established. The task force shall do all of the following:(1) Analyze existing statutes for adequacy in addressing illegal marijuana cultivation, manufacturing, distribution, sales, and diversion. If the analysis determines that those statutes are inadequate, the task force shall recommend revisions or new provisions that specifically address illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(2) Collect and organize data on the nature and extent of illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(3) Examine collaborative models between governmental and nongovernmental organizations for prevention and prosecution of illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(4) Measure and evaluate the progress of the state in preventing and prosecuting illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(5) Evaluate approaches to increase public awareness of illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(6) Consult with governmental and nongovernmental organizations to develop recommendations to strengthen state and local efforts to prevent and prosecute illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(7) Identify available federal, state, and local funding and grant opportunities to prevent and prosecute illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(b) The task force shall consist of the following members:(1) A designee of the California District Attorneys Association.(2) A designee of the California State Sheriffs Association.(3) A designee of the California Police Chiefs Association.(4) A designee of the Department of the California Highway Patrol.(5) A designee of the Attorney General. (6) A designee of the Bureau of Cannabis Control.(7) A representative of the California cannabis cultivation industry.(8) A representative of the California cannabis manufacturing industry.(9) A representative of the California cannabis distribution industry.(10) A representative of the California cannabis sales industry.(c) The members of the task force shall be selected, and the task force shall have its first meeting, no later than March 1, 2019.(d) The task force shall conduct a study to accomplish the objectives of subdivision (a) and shall report the findings of the study to the Legislature, in compliance with Section 9795 of the Government Code, on or before December 31, 2019.(e) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.SECTION 1.Section 777.1 of the Insurance Code is amended to read:777.1.(a)An insurer shall not participate in a plan to offer or effect any kind or kinds of insurance or annuities in this state as an inducement to the purchase or rental by the public of property, real or personal or mixed, or services, without a separate charge to the insured for the insurance, nor shall an agent, broker, or solicitor arrange the sale of that insurance.(b)This article does not apply to any of the following:(1)Insurance written in connection with subscriptions to newspapers of general circulation.(2)Insurance issued to credit unions or to members of credit unions in connection with the purchase of shares in the credit union.(3)Insurance offered as a guarantee of the performance of goods, which is designed to protect the purchasers or users of those goods.(4)Title insurance or life or disability insurance written in connection with an indebtedness, the purpose of which is to pay the balance of the indebtedness in the event of the death or disability of the insured.(5)The provisions of Part 5 (commencing with Section 12140) of Division 2.(6)Insurance provided incidentally to the sale of services if the cost of the insurance to the seller of the services does not exceed the sum of one dollar ($1) per annum for each purchaser of those services.SEC. 2.Section 777.2 of the Insurance Code is amended to read:777.2.If an insurer, agent, broker, or solicitor wilfully violates this article, the Insurance Commissioner may suspend or revoke his or her certificate or license or other authority to do business or engage in his or her occupation for a period not exceeding one year. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the commissioner shall have all the powers granted therein. | |
2 | 2 | ||
3 | - | ||
3 | + | Amended IN Assembly March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2520Introduced by Assembly Member CooperFebruary 14, 2018 An act to amend Sections 777.1 and 777.2 of the Insurance Code, relating to insurance. add and repeal Section 11361.9 to the Health and Safety Code, relating to cannabis.LEGISLATIVE COUNSEL'S DIGESTAB 2520, as amended, Cooper. Insurance: inducements. California Illegal Marijuana Task Force.Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), which includes the Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA) enacted by the voters at the November 8, 2016, statewide general election, aims to take nonmedical cannabis production and sales out of the hands of the illegal market by regulating the cultivation, distribution, and use of cannabis for nonmedical purposes by individuals 21 years of age and older. This bill would create the California Illegal Marijuana Task Force, which would, among other things, analyze existing statutes to determine if they adequately address illegal cannabis cultivation, manufacturing, distribution, sales, and diversion of cannabis to other states, and recommend necessary revisions or new provisions. The bill would specify the membership of the task force, and would require members to be selected and to meet no later than March 1, 2019. The bill would require the task force to conduct a study, as specified, and report its findings to the Legislature on or before December 31, 2019. The bill would repeal these provisions as of January 1, 2022.Existing law prohibits an insurer from participating in a plan to offer or effect any kind of insurance or annuities in this state as an inducement to the purchase or rental by the public of any property or services, without a separate charge to the insured for the insurance, with specified exceptions. Existing law prohibits an agent, broker, or solicitor from arranging the sale of that insurance. A willful violation of these provisions by an insurer, agent, broker, or solicitor is subject to suspension or revocation of his or her certificate, license, or other authority to do business or engage in his or her occupation for a period not exceeding one year.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
4 | 4 | ||
5 | - | ||
5 | + | Amended IN Assembly March 22, 2018 | |
6 | 6 | ||
7 | - | Amended IN Assembly April 25, 2018 | |
8 | 7 | Amended IN Assembly March 22, 2018 | |
9 | 8 | ||
10 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
11 | 10 | ||
12 | 11 | Assembly Bill No. 2520 | |
13 | 12 | ||
14 | 13 | Introduced by Assembly Member CooperFebruary 14, 2018 | |
15 | 14 | ||
16 | 15 | Introduced by Assembly Member Cooper | |
17 | 16 | February 14, 2018 | |
18 | 17 | ||
19 | - | An act to add and repeal Section 11361.9 to | |
18 | + | An act to amend Sections 777.1 and 777.2 of the Insurance Code, relating to insurance. add and repeal Section 11361.9 to the Health and Safety Code, relating to cannabis. | |
20 | 19 | ||
21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
22 | 21 | ||
23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
24 | 23 | ||
25 | - | AB 2520, as amended, Cooper. California Illegal Marijuana | |
24 | + | AB 2520, as amended, Cooper. Insurance: inducements. California Illegal Marijuana Task Force. | |
26 | 25 | ||
27 | - | Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), which includes the Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA) enacted by the voters at the November 8, 2016, statewide general election, aims to take nonmedical | |
26 | + | Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), which includes the Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA) enacted by the voters at the November 8, 2016, statewide general election, aims to take nonmedical cannabis production and sales out of the hands of the illegal market by regulating the cultivation, distribution, and use of cannabis for nonmedical purposes by individuals 21 years of age and older. This bill would create the California Illegal Marijuana Task Force, which would, among other things, analyze existing statutes to determine if they adequately address illegal cannabis cultivation, manufacturing, distribution, sales, and diversion of cannabis to other states, and recommend necessary revisions or new provisions. The bill would specify the membership of the task force, and would require members to be selected and to meet no later than March 1, 2019. The bill would require the task force to conduct a study, as specified, and report its findings to the Legislature on or before December 31, 2019. The bill would repeal these provisions as of January 1, 2022.Existing law prohibits an insurer from participating in a plan to offer or effect any kind of insurance or annuities in this state as an inducement to the purchase or rental by the public of any property or services, without a separate charge to the insured for the insurance, with specified exceptions. Existing law prohibits an agent, broker, or solicitor from arranging the sale of that insurance. A willful violation of these provisions by an insurer, agent, broker, or solicitor is subject to suspension or revocation of his or her certificate, license, or other authority to do business or engage in his or her occupation for a period not exceeding one year.This bill would make technical, nonsubstantive changes to these provisions. | |
28 | 27 | ||
29 | - | Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), which includes the Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA) enacted by the voters at the November 8, 2016, statewide general election, aims to take nonmedical | |
28 | + | Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), which includes the Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA) enacted by the voters at the November 8, 2016, statewide general election, aims to take nonmedical cannabis production and sales out of the hands of the illegal market by regulating the cultivation, distribution, and use of cannabis for nonmedical purposes by individuals 21 years of age and older. | |
30 | 29 | ||
31 | - | This bill would create the California Illegal Marijuana Cannabis Task Force, which would, among other things, analyze existing statutes to determine if they adequately address illegal cannabis cultivation, manufacturing, distribution, sales, and diversion of cannabis to other states, and recommend necessary revisions or new provisions. The bill would specify the membership of the task force, and would require members to be selected and to meet no later than March 1, 2019. The bill would require the task force to conduct a study, as specified, and report its findings to the Legislature on or before December 31, 2019. The bill would repeal these provisions as of January 1, 2022. | |
30 | + | This bill would create the California Illegal Marijuana Task Force, which would, among other things, analyze existing statutes to determine if they adequately address illegal cannabis cultivation, manufacturing, distribution, sales, and diversion of cannabis to other states, and recommend necessary revisions or new provisions. The bill would specify the membership of the task force, and would require members to be selected and to meet no later than March 1, 2019. The bill would require the task force to conduct a study, as specified, and report its findings to the Legislature on or before December 31, 2019. The bill would repeal these provisions as of January 1, 2022. | |
31 | + | ||
32 | + | Existing law prohibits an insurer from participating in a plan to offer or effect any kind of insurance or annuities in this state as an inducement to the purchase or rental by the public of any property or services, without a separate charge to the insured for the insurance, with specified exceptions. Existing law prohibits an agent, broker, or solicitor from arranging the sale of that insurance. A willful violation of these provisions by an insurer, agent, broker, or solicitor is subject to suspension or revocation of his or her certificate, license, or other authority to do business or engage in his or her occupation for a period not exceeding one year. | |
33 | + | ||
34 | + | ||
35 | + | ||
36 | + | This bill would make technical, nonsubstantive changes to these provisions. | |
37 | + | ||
38 | + | ||
32 | 39 | ||
33 | 40 | ## Digest Key | |
34 | 41 | ||
35 | 42 | ## Bill Text | |
36 | 43 | ||
37 | - | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares the following:(a) In November 1996, the voters approved Proposition 215, which decriminalized the use of medicinal cannabis in California.(b) In 2015, California enacted three billsChapter 332 of the Statutes of 2015 (Senate Bill 643), Chapter 688 of the Statutes of 2015 (Assembly Bill 243), and Chapter 689 of the Statutes of 2015 (Assembly Bill 266)that together established a comprehensive state regulatory framework for the licensing and enforcement of cultivation, manufacturing, retail sale, transportation, storage, delivery, and testing of medicinal cannabis in California. This regulatory framework is known as the Medical Cannabis Regulation and Safety Act (MCRSA).(c) In November 2016, the voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). Under Proposition 64, adults 21 years of age or older may legally grow, possess, and use cannabis for nonmedicinal purposes, with certain restrictions. As of January 1, 2018, AUMA makes it legal under state law to sell and distribute cannabis through a regulated business.(d) The intent of MCRSA and AUMA was to ensure a comprehensive regulatory system that takes production and sales of cannabis away from an illegal market and curtails the illegal diversion of cannabis from California into other states or countries.(e) In June 2017, the Legislature passed Senate Bill 94 (Chapter 27 of the Statutes of 2017) that integrated MCRSA with AUMA to create the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), contained in Division 10 (commencing with Section 26000) of the Business and Professions Code. Under MAUCRSA, a single regulatory system governs the medical | |
44 | + | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares the following:(a) In November 1996, the voters approved Proposition 215, which decriminalized the use of medicinal cannabis in California.(b) In 2015, California enacted three billsChapter 332 of the Statutes of 2015 (Senate Bill 643), Chapter 688 of the Statutes of 2015 (Assembly Bill 243), and Chapter 689 of the Statutes of 2015 (Assembly Bill 266)that together established a comprehensive state regulatory framework for the licensing and enforcement of cultivation, manufacturing, retail sale, transportation, storage, delivery, and testing of medicinal cannabis in California. This regulatory framework is known as the Medical Cannabis Regulation and Safety Act (MCRSA).(c) In November 2016, the voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). Under Proposition 64, adults 21 years of age or older may legally grow, possess, and use cannabis for nonmedicinal purposes, with certain restrictions. As of January 1, 2018, AUMA makes it legal under state law to sell and distribute cannabis through a regulated business.(d) The intent of MCRSA and AUMA was to ensure a comprehensive regulatory system that takes production and sales of cannabis away from an illegal market and curtails the illegal diversion of cannabis from California into other states or countries.(e) In June 2017, the Legislature passed Senate Bill 94 (Chapter 27 of the Statutes of 2017) that integrated MCRSA with AUMA to create the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), contained in Division 10 (commencing with Section 26000) of the Business and Professions Code. Under MAUCRSA, a single regulatory system governs the medical and adult use cannabis industry in California.(f) Cannabis is cultivated in all 50 states, but the majority of domestically produced cannabis is grown in California. In 2016, the United States Drug Enforcement Agencys Domestic Cannabis Eradication/Suppression Program eradicated 5.3 million plants in the United States, 3.7 million of which were grown in California. Much of the cannabis grown in California is grown for exportation.(g) To promote a legal cannabis market, prevent illegal marijuana production, and avoid illegal diversion of marijuana to other states, California must take aggressive steps to attack the marijuana black market.SEC. 2. Section 11361.9 is added to the Health and Safety Code, to read:11361.9. (a) The California Illegal Marijuana Task Force is hereby established. The task force shall do all of the following:(1) Analyze existing statutes for adequacy in addressing illegal marijuana cultivation, manufacturing, distribution, sales, and diversion. If the analysis determines that those statutes are inadequate, the task force shall recommend revisions or new provisions that specifically address illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(2) Collect and organize data on the nature and extent of illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(3) Examine collaborative models between governmental and nongovernmental organizations for prevention and prosecution of illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(4) Measure and evaluate the progress of the state in preventing and prosecuting illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(5) Evaluate approaches to increase public awareness of illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(6) Consult with governmental and nongovernmental organizations to develop recommendations to strengthen state and local efforts to prevent and prosecute illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(7) Identify available federal, state, and local funding and grant opportunities to prevent and prosecute illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(b) The task force shall consist of the following members:(1) A designee of the California District Attorneys Association.(2) A designee of the California State Sheriffs Association.(3) A designee of the California Police Chiefs Association.(4) A designee of the Department of the California Highway Patrol.(5) A designee of the Attorney General. (6) A designee of the Bureau of Cannabis Control.(7) A representative of the California cannabis cultivation industry.(8) A representative of the California cannabis manufacturing industry.(9) A representative of the California cannabis distribution industry.(10) A representative of the California cannabis sales industry.(c) The members of the task force shall be selected, and the task force shall have its first meeting, no later than March 1, 2019.(d) The task force shall conduct a study to accomplish the objectives of subdivision (a) and shall report the findings of the study to the Legislature, in compliance with Section 9795 of the Government Code, on or before December 31, 2019.(e) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.SECTION 1.Section 777.1 of the Insurance Code is amended to read:777.1.(a)An insurer shall not participate in a plan to offer or effect any kind or kinds of insurance or annuities in this state as an inducement to the purchase or rental by the public of property, real or personal or mixed, or services, without a separate charge to the insured for the insurance, nor shall an agent, broker, or solicitor arrange the sale of that insurance.(b)This article does not apply to any of the following:(1)Insurance written in connection with subscriptions to newspapers of general circulation.(2)Insurance issued to credit unions or to members of credit unions in connection with the purchase of shares in the credit union.(3)Insurance offered as a guarantee of the performance of goods, which is designed to protect the purchasers or users of those goods.(4)Title insurance or life or disability insurance written in connection with an indebtedness, the purpose of which is to pay the balance of the indebtedness in the event of the death or disability of the insured.(5)The provisions of Part 5 (commencing with Section 12140) of Division 2.(6)Insurance provided incidentally to the sale of services if the cost of the insurance to the seller of the services does not exceed the sum of one dollar ($1) per annum for each purchaser of those services.SEC. 2.Section 777.2 of the Insurance Code is amended to read:777.2.If an insurer, agent, broker, or solicitor wilfully violates this article, the Insurance Commissioner may suspend or revoke his or her certificate or license or other authority to do business or engage in his or her occupation for a period not exceeding one year. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the commissioner shall have all the powers granted therein. | |
38 | 45 | ||
39 | 46 | The people of the State of California do enact as follows: | |
40 | 47 | ||
41 | 48 | ## The people of the State of California do enact as follows: | |
42 | 49 | ||
43 | - | SECTION 1. The Legislature finds and declares the following:(a) In November 1996, the voters approved Proposition 215, which decriminalized the use of medicinal cannabis in California.(b) In 2015, California enacted three billsChapter 332 of the Statutes of 2015 (Senate Bill 643), Chapter 688 of the Statutes of 2015 (Assembly Bill 243), and Chapter 689 of the Statutes of 2015 (Assembly Bill 266)that together established a comprehensive state regulatory framework for the licensing and enforcement of cultivation, manufacturing, retail sale, transportation, storage, delivery, and testing of medicinal cannabis in California. This regulatory framework is known as the Medical Cannabis Regulation and Safety Act (MCRSA).(c) In November 2016, the voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). Under Proposition 64, adults 21 years of age or older may legally grow, possess, and use cannabis for nonmedicinal purposes, with certain restrictions. As of January 1, 2018, AUMA makes it legal under state law to sell and distribute cannabis through a regulated business.(d) The intent of MCRSA and AUMA was to ensure a comprehensive regulatory system that takes production and sales of cannabis away from an illegal market and curtails the illegal diversion of cannabis from California into other states or countries.(e) In June 2017, the Legislature passed Senate Bill 94 (Chapter 27 of the Statutes of 2017) that integrated MCRSA with AUMA to create the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), contained in Division 10 (commencing with Section 26000) of the Business and Professions Code. Under MAUCRSA, a single regulatory system governs the medical | |
50 | + | SECTION 1. The Legislature finds and declares the following:(a) In November 1996, the voters approved Proposition 215, which decriminalized the use of medicinal cannabis in California.(b) In 2015, California enacted three billsChapter 332 of the Statutes of 2015 (Senate Bill 643), Chapter 688 of the Statutes of 2015 (Assembly Bill 243), and Chapter 689 of the Statutes of 2015 (Assembly Bill 266)that together established a comprehensive state regulatory framework for the licensing and enforcement of cultivation, manufacturing, retail sale, transportation, storage, delivery, and testing of medicinal cannabis in California. This regulatory framework is known as the Medical Cannabis Regulation and Safety Act (MCRSA).(c) In November 2016, the voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). Under Proposition 64, adults 21 years of age or older may legally grow, possess, and use cannabis for nonmedicinal purposes, with certain restrictions. As of January 1, 2018, AUMA makes it legal under state law to sell and distribute cannabis through a regulated business.(d) The intent of MCRSA and AUMA was to ensure a comprehensive regulatory system that takes production and sales of cannabis away from an illegal market and curtails the illegal diversion of cannabis from California into other states or countries.(e) In June 2017, the Legislature passed Senate Bill 94 (Chapter 27 of the Statutes of 2017) that integrated MCRSA with AUMA to create the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), contained in Division 10 (commencing with Section 26000) of the Business and Professions Code. Under MAUCRSA, a single regulatory system governs the medical and adult use cannabis industry in California.(f) Cannabis is cultivated in all 50 states, but the majority of domestically produced cannabis is grown in California. In 2016, the United States Drug Enforcement Agencys Domestic Cannabis Eradication/Suppression Program eradicated 5.3 million plants in the United States, 3.7 million of which were grown in California. Much of the cannabis grown in California is grown for exportation.(g) To promote a legal cannabis market, prevent illegal marijuana production, and avoid illegal diversion of marijuana to other states, California must take aggressive steps to attack the marijuana black market. | |
44 | 51 | ||
45 | - | SECTION 1. The Legislature finds and declares the following:(a) In November 1996, the voters approved Proposition 215, which decriminalized the use of medicinal cannabis in California.(b) In 2015, California enacted three billsChapter 332 of the Statutes of 2015 (Senate Bill 643), Chapter 688 of the Statutes of 2015 (Assembly Bill 243), and Chapter 689 of the Statutes of 2015 (Assembly Bill 266)that together established a comprehensive state regulatory framework for the licensing and enforcement of cultivation, manufacturing, retail sale, transportation, storage, delivery, and testing of medicinal cannabis in California. This regulatory framework is known as the Medical Cannabis Regulation and Safety Act (MCRSA).(c) In November 2016, the voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). Under Proposition 64, adults 21 years of age or older may legally grow, possess, and use cannabis for nonmedicinal purposes, with certain restrictions. As of January 1, 2018, AUMA makes it legal under state law to sell and distribute cannabis through a regulated business.(d) The intent of MCRSA and AUMA was to ensure a comprehensive regulatory system that takes production and sales of cannabis away from an illegal market and curtails the illegal diversion of cannabis from California into other states or countries.(e) In June 2017, the Legislature passed Senate Bill 94 (Chapter 27 of the Statutes of 2017) that integrated MCRSA with AUMA to create the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), contained in Division 10 (commencing with Section 26000) of the Business and Professions Code. Under MAUCRSA, a single regulatory system governs the medical | |
52 | + | SECTION 1. The Legislature finds and declares the following:(a) In November 1996, the voters approved Proposition 215, which decriminalized the use of medicinal cannabis in California.(b) In 2015, California enacted three billsChapter 332 of the Statutes of 2015 (Senate Bill 643), Chapter 688 of the Statutes of 2015 (Assembly Bill 243), and Chapter 689 of the Statutes of 2015 (Assembly Bill 266)that together established a comprehensive state regulatory framework for the licensing and enforcement of cultivation, manufacturing, retail sale, transportation, storage, delivery, and testing of medicinal cannabis in California. This regulatory framework is known as the Medical Cannabis Regulation and Safety Act (MCRSA).(c) In November 2016, the voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). Under Proposition 64, adults 21 years of age or older may legally grow, possess, and use cannabis for nonmedicinal purposes, with certain restrictions. As of January 1, 2018, AUMA makes it legal under state law to sell and distribute cannabis through a regulated business.(d) The intent of MCRSA and AUMA was to ensure a comprehensive regulatory system that takes production and sales of cannabis away from an illegal market and curtails the illegal diversion of cannabis from California into other states or countries.(e) In June 2017, the Legislature passed Senate Bill 94 (Chapter 27 of the Statutes of 2017) that integrated MCRSA with AUMA to create the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), contained in Division 10 (commencing with Section 26000) of the Business and Professions Code. Under MAUCRSA, a single regulatory system governs the medical and adult use cannabis industry in California.(f) Cannabis is cultivated in all 50 states, but the majority of domestically produced cannabis is grown in California. In 2016, the United States Drug Enforcement Agencys Domestic Cannabis Eradication/Suppression Program eradicated 5.3 million plants in the United States, 3.7 million of which were grown in California. Much of the cannabis grown in California is grown for exportation.(g) To promote a legal cannabis market, prevent illegal marijuana production, and avoid illegal diversion of marijuana to other states, California must take aggressive steps to attack the marijuana black market. | |
46 | 53 | ||
47 | 54 | SECTION 1. The Legislature finds and declares the following: | |
48 | 55 | ||
49 | 56 | ### SECTION 1. | |
50 | 57 | ||
51 | 58 | (a) In November 1996, the voters approved Proposition 215, which decriminalized the use of medicinal cannabis in California. | |
52 | 59 | ||
53 | 60 | (b) In 2015, California enacted three billsChapter 332 of the Statutes of 2015 (Senate Bill 643), Chapter 688 of the Statutes of 2015 (Assembly Bill 243), and Chapter 689 of the Statutes of 2015 (Assembly Bill 266)that together established a comprehensive state regulatory framework for the licensing and enforcement of cultivation, manufacturing, retail sale, transportation, storage, delivery, and testing of medicinal cannabis in California. This regulatory framework is known as the Medical Cannabis Regulation and Safety Act (MCRSA). | |
54 | 61 | ||
55 | 62 | (c) In November 2016, the voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). Under Proposition 64, adults 21 years of age or older may legally grow, possess, and use cannabis for nonmedicinal purposes, with certain restrictions. As of January 1, 2018, AUMA makes it legal under state law to sell and distribute cannabis through a regulated business. | |
56 | 63 | ||
57 | 64 | (d) The intent of MCRSA and AUMA was to ensure a comprehensive regulatory system that takes production and sales of cannabis away from an illegal market and curtails the illegal diversion of cannabis from California into other states or countries. | |
58 | 65 | ||
59 | - | (e) In June 2017, the Legislature passed Senate Bill 94 (Chapter 27 of the Statutes of 2017) that integrated MCRSA with AUMA to create the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), contained in Division 10 (commencing with Section 26000) of the Business and Professions Code. Under MAUCRSA, a single regulatory system governs the medical | |
66 | + | (e) In June 2017, the Legislature passed Senate Bill 94 (Chapter 27 of the Statutes of 2017) that integrated MCRSA with AUMA to create the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), contained in Division 10 (commencing with Section 26000) of the Business and Professions Code. Under MAUCRSA, a single regulatory system governs the medical and adult use cannabis industry in California. | |
60 | 67 | ||
61 | - | (f) Cannabis is cultivated in all 50 states, but the majority of domestically produced cannabis is grown in California. In 2016, the United States Drug Enforcement Agencys Domestic Cannabis Eradication/Suppression Program eradicated 5.3 million plants in the United States, 3.7 million of which were grown in California. Much of the cannabis grown in California is grown | |
68 | + | (f) Cannabis is cultivated in all 50 states, but the majority of domestically produced cannabis is grown in California. In 2016, the United States Drug Enforcement Agencys Domestic Cannabis Eradication/Suppression Program eradicated 5.3 million plants in the United States, 3.7 million of which were grown in California. Much of the cannabis grown in California is grown for exportation. | |
62 | 69 | ||
63 | - | (g) To promote a legal cannabis market, prevent illegal marijuana | |
70 | + | (g) To promote a legal cannabis market, prevent illegal marijuana production, and avoid illegal diversion of marijuana to other states, California must take aggressive steps to attack the marijuana black market. | |
64 | 71 | ||
65 | - | SEC. 2. Section 11361.9 is added to the Health and Safety Code, to read:11361.9. (a) The California Illegal Marijuana | |
72 | + | SEC. 2. Section 11361.9 is added to the Health and Safety Code, to read:11361.9. (a) The California Illegal Marijuana Task Force is hereby established. The task force shall do all of the following:(1) Analyze existing statutes for adequacy in addressing illegal marijuana cultivation, manufacturing, distribution, sales, and diversion. If the analysis determines that those statutes are inadequate, the task force shall recommend revisions or new provisions that specifically address illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(2) Collect and organize data on the nature and extent of illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(3) Examine collaborative models between governmental and nongovernmental organizations for prevention and prosecution of illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(4) Measure and evaluate the progress of the state in preventing and prosecuting illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(5) Evaluate approaches to increase public awareness of illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(6) Consult with governmental and nongovernmental organizations to develop recommendations to strengthen state and local efforts to prevent and prosecute illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(7) Identify available federal, state, and local funding and grant opportunities to prevent and prosecute illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(b) The task force shall consist of the following members:(1) A designee of the California District Attorneys Association.(2) A designee of the California State Sheriffs Association.(3) A designee of the California Police Chiefs Association.(4) A designee of the Department of the California Highway Patrol.(5) A designee of the Attorney General. (6) A designee of the Bureau of Cannabis Control.(7) A representative of the California cannabis cultivation industry.(8) A representative of the California cannabis manufacturing industry.(9) A representative of the California cannabis distribution industry.(10) A representative of the California cannabis sales industry.(c) The members of the task force shall be selected, and the task force shall have its first meeting, no later than March 1, 2019.(d) The task force shall conduct a study to accomplish the objectives of subdivision (a) and shall report the findings of the study to the Legislature, in compliance with Section 9795 of the Government Code, on or before December 31, 2019.(e) This section shall remain in effect only until January 1, 2022, and as of that date is repealed. | |
66 | 73 | ||
67 | 74 | SEC. 2. Section 11361.9 is added to the Health and Safety Code, to read: | |
68 | 75 | ||
69 | 76 | ### SEC. 2. | |
70 | 77 | ||
71 | - | 11361.9. (a) The California Illegal Marijuana | |
78 | + | 11361.9. (a) The California Illegal Marijuana Task Force is hereby established. The task force shall do all of the following:(1) Analyze existing statutes for adequacy in addressing illegal marijuana cultivation, manufacturing, distribution, sales, and diversion. If the analysis determines that those statutes are inadequate, the task force shall recommend revisions or new provisions that specifically address illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(2) Collect and organize data on the nature and extent of illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(3) Examine collaborative models between governmental and nongovernmental organizations for prevention and prosecution of illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(4) Measure and evaluate the progress of the state in preventing and prosecuting illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(5) Evaluate approaches to increase public awareness of illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(6) Consult with governmental and nongovernmental organizations to develop recommendations to strengthen state and local efforts to prevent and prosecute illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(7) Identify available federal, state, and local funding and grant opportunities to prevent and prosecute illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(b) The task force shall consist of the following members:(1) A designee of the California District Attorneys Association.(2) A designee of the California State Sheriffs Association.(3) A designee of the California Police Chiefs Association.(4) A designee of the Department of the California Highway Patrol.(5) A designee of the Attorney General. (6) A designee of the Bureau of Cannabis Control.(7) A representative of the California cannabis cultivation industry.(8) A representative of the California cannabis manufacturing industry.(9) A representative of the California cannabis distribution industry.(10) A representative of the California cannabis sales industry.(c) The members of the task force shall be selected, and the task force shall have its first meeting, no later than March 1, 2019.(d) The task force shall conduct a study to accomplish the objectives of subdivision (a) and shall report the findings of the study to the Legislature, in compliance with Section 9795 of the Government Code, on or before December 31, 2019.(e) This section shall remain in effect only until January 1, 2022, and as of that date is repealed. | |
72 | 79 | ||
73 | - | 11361.9. (a) The California Illegal Marijuana | |
80 | + | 11361.9. (a) The California Illegal Marijuana Task Force is hereby established. The task force shall do all of the following:(1) Analyze existing statutes for adequacy in addressing illegal marijuana cultivation, manufacturing, distribution, sales, and diversion. If the analysis determines that those statutes are inadequate, the task force shall recommend revisions or new provisions that specifically address illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(2) Collect and organize data on the nature and extent of illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(3) Examine collaborative models between governmental and nongovernmental organizations for prevention and prosecution of illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(4) Measure and evaluate the progress of the state in preventing and prosecuting illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(5) Evaluate approaches to increase public awareness of illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(6) Consult with governmental and nongovernmental organizations to develop recommendations to strengthen state and local efforts to prevent and prosecute illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(7) Identify available federal, state, and local funding and grant opportunities to prevent and prosecute illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(b) The task force shall consist of the following members:(1) A designee of the California District Attorneys Association.(2) A designee of the California State Sheriffs Association.(3) A designee of the California Police Chiefs Association.(4) A designee of the Department of the California Highway Patrol.(5) A designee of the Attorney General. (6) A designee of the Bureau of Cannabis Control.(7) A representative of the California cannabis cultivation industry.(8) A representative of the California cannabis manufacturing industry.(9) A representative of the California cannabis distribution industry.(10) A representative of the California cannabis sales industry.(c) The members of the task force shall be selected, and the task force shall have its first meeting, no later than March 1, 2019.(d) The task force shall conduct a study to accomplish the objectives of subdivision (a) and shall report the findings of the study to the Legislature, in compliance with Section 9795 of the Government Code, on or before December 31, 2019.(e) This section shall remain in effect only until January 1, 2022, and as of that date is repealed. | |
74 | 81 | ||
75 | - | 11361.9. (a) The California Illegal Marijuana | |
82 | + | 11361.9. (a) The California Illegal Marijuana Task Force is hereby established. The task force shall do all of the following:(1) Analyze existing statutes for adequacy in addressing illegal marijuana cultivation, manufacturing, distribution, sales, and diversion. If the analysis determines that those statutes are inadequate, the task force shall recommend revisions or new provisions that specifically address illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(2) Collect and organize data on the nature and extent of illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(3) Examine collaborative models between governmental and nongovernmental organizations for prevention and prosecution of illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(4) Measure and evaluate the progress of the state in preventing and prosecuting illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(5) Evaluate approaches to increase public awareness of illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(6) Consult with governmental and nongovernmental organizations to develop recommendations to strengthen state and local efforts to prevent and prosecute illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(7) Identify available federal, state, and local funding and grant opportunities to prevent and prosecute illegal marijuana cultivation, manufacturing, distribution, sales, and diversion.(b) The task force shall consist of the following members:(1) A designee of the California District Attorneys Association.(2) A designee of the California State Sheriffs Association.(3) A designee of the California Police Chiefs Association.(4) A designee of the Department of the California Highway Patrol.(5) A designee of the Attorney General. (6) A designee of the Bureau of Cannabis Control.(7) A representative of the California cannabis cultivation industry.(8) A representative of the California cannabis manufacturing industry.(9) A representative of the California cannabis distribution industry.(10) A representative of the California cannabis sales industry.(c) The members of the task force shall be selected, and the task force shall have its first meeting, no later than March 1, 2019.(d) The task force shall conduct a study to accomplish the objectives of subdivision (a) and shall report the findings of the study to the Legislature, in compliance with Section 9795 of the Government Code, on or before December 31, 2019.(e) This section shall remain in effect only until January 1, 2022, and as of that date is repealed. | |
76 | 83 | ||
77 | 84 | ||
78 | 85 | ||
79 | - | 11361.9. (a) The California Illegal Marijuana | |
86 | + | 11361.9. (a) The California Illegal Marijuana Task Force is hereby established. The task force shall do all of the following: | |
80 | 87 | ||
81 | - | (1) Analyze existing statutes for adequacy in addressing illegal marijuana | |
88 | + | (1) Analyze existing statutes for adequacy in addressing illegal marijuana cultivation, manufacturing, distribution, sales, and diversion. If the analysis determines that those statutes are inadequate, the task force shall recommend revisions or new provisions that specifically address illegal marijuana cultivation, manufacturing, distribution, sales, and diversion. | |
82 | 89 | ||
83 | - | (2) Collect and organize data on the nature and extent of illegal marijuana | |
90 | + | (2) Collect and organize data on the nature and extent of illegal marijuana cultivation, manufacturing, distribution, sales, and diversion. | |
84 | 91 | ||
85 | - | (3) Examine collaborative models between governmental and nongovernmental organizations for prevention and prosecution of illegal marijuana | |
92 | + | (3) Examine collaborative models between governmental and nongovernmental organizations for prevention and prosecution of illegal marijuana cultivation, manufacturing, distribution, sales, and diversion. | |
86 | 93 | ||
87 | - | (4) Measure and evaluate the progress of the state in preventing and prosecuting illegal marijuana | |
94 | + | (4) Measure and evaluate the progress of the state in preventing and prosecuting illegal marijuana cultivation, manufacturing, distribution, sales, and diversion. | |
88 | 95 | ||
89 | - | (5) Evaluate approaches to increase public awareness of illegal marijuana | |
96 | + | (5) Evaluate approaches to increase public awareness of illegal marijuana cultivation, manufacturing, distribution, sales, and diversion. | |
90 | 97 | ||
91 | - | (6) Consult with governmental and nongovernmental organizations to develop recommendations to strengthen state and local efforts to prevent and prosecute illegal marijuana | |
98 | + | (6) Consult with governmental and nongovernmental organizations to develop recommendations to strengthen state and local efforts to prevent and prosecute illegal marijuana cultivation, manufacturing, distribution, sales, and diversion. | |
92 | 99 | ||
93 | - | (7) Identify available federal, state, and local funding and grant opportunities to prevent and prosecute illegal marijuana | |
100 | + | (7) Identify available federal, state, and local funding and grant opportunities to prevent and prosecute illegal marijuana cultivation, manufacturing, distribution, sales, and diversion. | |
94 | 101 | ||
95 | 102 | (b) The task force shall consist of the following members: | |
96 | 103 | ||
97 | 104 | (1) A designee of the California District Attorneys Association. | |
98 | 105 | ||
99 | 106 | (2) A designee of the California State Sheriffs Association. | |
100 | 107 | ||
101 | 108 | (3) A designee of the California Police Chiefs Association. | |
102 | 109 | ||
103 | 110 | (4) A designee of the Department of the California Highway Patrol. | |
104 | 111 | ||
105 | 112 | (5) A designee of the Attorney General. | |
106 | 113 | ||
107 | 114 | (6) A designee of the Bureau of Cannabis Control. | |
108 | 115 | ||
109 | 116 | (7) A representative of the California cannabis cultivation industry. | |
110 | 117 | ||
111 | 118 | (8) A representative of the California cannabis manufacturing industry. | |
112 | 119 | ||
113 | 120 | (9) A representative of the California cannabis distribution industry. | |
114 | 121 | ||
115 | 122 | (10) A representative of the California cannabis sales industry. | |
116 | 123 | ||
117 | 124 | (c) The members of the task force shall be selected, and the task force shall have its first meeting, no later than March 1, 2019. | |
118 | 125 | ||
119 | 126 | (d) The task force shall conduct a study to accomplish the objectives of subdivision (a) and shall report the findings of the study to the Legislature, in compliance with Section 9795 of the Government Code, on or before December 31, 2019. | |
120 | 127 | ||
121 | 128 | (e) This section shall remain in effect only until January 1, 2022, and as of that date is repealed. | |
129 | + | ||
130 | + | ||
131 | + | ||
132 | + | ||
133 | + | ||
134 | + | (a)An insurer shall not participate in a plan to offer or effect any kind or kinds of insurance or annuities in this state as an inducement to the purchase or rental by the public of property, real or personal or mixed, or services, without a separate charge to the insured for the insurance, nor shall an agent, broker, or solicitor arrange the sale of that insurance. | |
135 | + | ||
136 | + | ||
137 | + | ||
138 | + | (b)This article does not apply to any of the following: | |
139 | + | ||
140 | + | ||
141 | + | ||
142 | + | (1)Insurance written in connection with subscriptions to newspapers of general circulation. | |
143 | + | ||
144 | + | ||
145 | + | ||
146 | + | (2)Insurance issued to credit unions or to members of credit unions in connection with the purchase of shares in the credit union. | |
147 | + | ||
148 | + | ||
149 | + | ||
150 | + | (3)Insurance offered as a guarantee of the performance of goods, which is designed to protect the purchasers or users of those goods. | |
151 | + | ||
152 | + | ||
153 | + | ||
154 | + | (4)Title insurance or life or disability insurance written in connection with an indebtedness, the purpose of which is to pay the balance of the indebtedness in the event of the death or disability of the insured. | |
155 | + | ||
156 | + | ||
157 | + | ||
158 | + | (5)The provisions of Part 5 (commencing with Section 12140) of Division 2. | |
159 | + | ||
160 | + | ||
161 | + | ||
162 | + | (6)Insurance provided incidentally to the sale of services if the cost of the insurance to the seller of the services does not exceed the sum of one dollar ($1) per annum for each purchaser of those services. | |
163 | + | ||
164 | + | ||
165 | + | ||
166 | + | ||
167 | + | ||
168 | + | ||
169 | + | ||
170 | + | If an insurer, agent, broker, or solicitor wilfully violates this article, the Insurance Commissioner may suspend or revoke his or her certificate or license or other authority to do business or engage in his or her occupation for a period not exceeding one year. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the commissioner shall have all the powers granted therein. |