Amended IN Senate March 15, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1148Introduced by Senator LairdFebruary 16, 2022An act relating to cannabis. An act to add Section 26051.6 to the Business and Professions Code, relating to cannabis.LEGISLATIVE COUNSEL'S DIGESTSB 1148, as amended, Laird. Cannabis industry. Cannabis: licenses: California Environmental Quality Act.The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, and requires the Department of Cannabis Control to administer its provisions. Under MAUCRSA, the Department of Cannabis Control has sole authority to license and regulate commercial cannabis activity, which MAUCRSA defines to include, among other activities, the sale of cannabis and cannabis products.AUMA requires the department to devise protocols to ensure compliance with state laws and regulations related to environmental impacts, including, but not limited to, the California Environmental Quality Act (CEQA). CEQA requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.This bill would provide that CEQA does not apply to the issuance of a state license to engage in commercial cannabis activity if the applicant is in compliance with all local ordinances that regulate commercial cannabis activity and if the local jurisdiction has filed a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to CEQA that is specific to the applicants commercial cannabis activity or license. Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law establishes the Medicinal and Adult-Use Cannabis Regulation and Safety Act, the purpose of which is to establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale of medicinal and adult-use cannabis.This bill would state the intent of the Legislature to enact legislation that would promote the responsible and legitimate cannabis industry.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. Section 26051.6 is added to the Business and Professions Code, to read:26051.6. The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the issuance by the department of a state license to engage in commercial cannabis activity if both of the following are met:(a) The applicant is in compliance with all ordinances that regulate commercial cannabis activity in the local jurisdiction.(b) The local jurisdiction, as the lead agency, has filed a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code that is specific to the applicants commercial cannabis activity or license. SECTION 1.It is the intent of the Legislature to enact legislation that would promote the responsible and legitimate cannabis industry.
Amended IN Senate March 15, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1148Introduced by Senator LairdFebruary 16, 2022An act relating to cannabis. An act to add Section 26051.6 to the Business and Professions Code, relating to cannabis.LEGISLATIVE COUNSEL'S DIGESTSB 1148, as amended, Laird. Cannabis industry. Cannabis: licenses: California Environmental Quality Act.The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, and requires the Department of Cannabis Control to administer its provisions. Under MAUCRSA, the Department of Cannabis Control has sole authority to license and regulate commercial cannabis activity, which MAUCRSA defines to include, among other activities, the sale of cannabis and cannabis products.AUMA requires the department to devise protocols to ensure compliance with state laws and regulations related to environmental impacts, including, but not limited to, the California Environmental Quality Act (CEQA). CEQA requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.This bill would provide that CEQA does not apply to the issuance of a state license to engage in commercial cannabis activity if the applicant is in compliance with all local ordinances that regulate commercial cannabis activity and if the local jurisdiction has filed a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to CEQA that is specific to the applicants commercial cannabis activity or license. Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law establishes the Medicinal and Adult-Use Cannabis Regulation and Safety Act, the purpose of which is to establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale of medicinal and adult-use cannabis.This bill would state the intent of the Legislature to enact legislation that would promote the responsible and legitimate cannabis industry.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Senate March 15, 2022
Amended IN Senate March 15, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 1148
Introduced by Senator LairdFebruary 16, 2022
Introduced by Senator Laird
February 16, 2022
An act relating to cannabis. An act to add Section 26051.6 to the Business and Professions Code, relating to cannabis.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1148, as amended, Laird. Cannabis industry. Cannabis: licenses: California Environmental Quality Act.
The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, and requires the Department of Cannabis Control to administer its provisions. Under MAUCRSA, the Department of Cannabis Control has sole authority to license and regulate commercial cannabis activity, which MAUCRSA defines to include, among other activities, the sale of cannabis and cannabis products.AUMA requires the department to devise protocols to ensure compliance with state laws and regulations related to environmental impacts, including, but not limited to, the California Environmental Quality Act (CEQA). CEQA requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.This bill would provide that CEQA does not apply to the issuance of a state license to engage in commercial cannabis activity if the applicant is in compliance with all local ordinances that regulate commercial cannabis activity and if the local jurisdiction has filed a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to CEQA that is specific to the applicants commercial cannabis activity or license. Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law establishes the Medicinal and Adult-Use Cannabis Regulation and Safety Act, the purpose of which is to establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale of medicinal and adult-use cannabis.This bill would state the intent of the Legislature to enact legislation that would promote the responsible and legitimate cannabis industry.
The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, and requires the Department of Cannabis Control to administer its provisions. Under MAUCRSA, the Department of Cannabis Control has sole authority to license and regulate commercial cannabis activity, which MAUCRSA defines to include, among other activities, the sale of cannabis and cannabis products.
AUMA requires the department to devise protocols to ensure compliance with state laws and regulations related to environmental impacts, including, but not limited to, the California Environmental Quality Act (CEQA). CEQA requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.
This bill would provide that CEQA does not apply to the issuance of a state license to engage in commercial cannabis activity if the applicant is in compliance with all local ordinances that regulate commercial cannabis activity and if the local jurisdiction has filed a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to CEQA that is specific to the applicants commercial cannabis activity or license.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law establishes the Medicinal and Adult-Use Cannabis Regulation and Safety Act, the purpose of which is to establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale of medicinal and adult-use cannabis.
This bill would state the intent of the Legislature to enact legislation that would promote the responsible and legitimate cannabis industry.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 26051.6 is added to the Business and Professions Code, to read:26051.6. The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the issuance by the department of a state license to engage in commercial cannabis activity if both of the following are met:(a) The applicant is in compliance with all ordinances that regulate commercial cannabis activity in the local jurisdiction.(b) The local jurisdiction, as the lead agency, has filed a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code that is specific to the applicants commercial cannabis activity or license. SECTION 1.It is the intent of the Legislature to enact legislation that would promote the responsible and legitimate cannabis industry.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 26051.6 is added to the Business and Professions Code, to read:26051.6. The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the issuance by the department of a state license to engage in commercial cannabis activity if both of the following are met:(a) The applicant is in compliance with all ordinances that regulate commercial cannabis activity in the local jurisdiction.(b) The local jurisdiction, as the lead agency, has filed a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code that is specific to the applicants commercial cannabis activity or license.
SECTION 1. Section 26051.6 is added to the Business and Professions Code, to read:
### SECTION 1.
26051.6. The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the issuance by the department of a state license to engage in commercial cannabis activity if both of the following are met:(a) The applicant is in compliance with all ordinances that regulate commercial cannabis activity in the local jurisdiction.(b) The local jurisdiction, as the lead agency, has filed a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code that is specific to the applicants commercial cannabis activity or license.
26051.6. The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the issuance by the department of a state license to engage in commercial cannabis activity if both of the following are met:(a) The applicant is in compliance with all ordinances that regulate commercial cannabis activity in the local jurisdiction.(b) The local jurisdiction, as the lead agency, has filed a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code that is specific to the applicants commercial cannabis activity or license.
26051.6. The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the issuance by the department of a state license to engage in commercial cannabis activity if both of the following are met:(a) The applicant is in compliance with all ordinances that regulate commercial cannabis activity in the local jurisdiction.(b) The local jurisdiction, as the lead agency, has filed a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code that is specific to the applicants commercial cannabis activity or license.
26051.6. The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the issuance by the department of a state license to engage in commercial cannabis activity if both of the following are met:
(a) The applicant is in compliance with all ordinances that regulate commercial cannabis activity in the local jurisdiction.
(b) The local jurisdiction, as the lead agency, has filed a notice of exemption or a notice of determination following the adoption of a negative declaration or certification of an environmental impact report pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code that is specific to the applicants commercial cannabis activity or license.
It is the intent of the Legislature to enact legislation that would promote the responsible and legitimate cannabis industry.