California 2023 2023-2024 Regular Session

California Senate Bill SB508 Amended / Bill

Filed 03/21/2023

                    Amended IN  Senate  March 21, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 508Introduced by Senator LairdFebruary 14, 2023An act relating to cannabis. An act to add Section 26051.6 to the Business and Professions Code, relating to cannabis.LEGISLATIVE COUNSEL'S DIGESTSB 508, as amended, Laird. Cannabis. Cannabis: licenses: California Environmental Quality Act.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. 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.The California Environmental Quality Act (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 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, as specified.Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of cannabis for nonmedical purposes by people 21 years of age and older. 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.AUMA authorizes the Legislature to amend its provisions with a 23 vote of both houses to further its purposes and intent, except as specified. AUMA declares the intent of the people in enacting AUMA to accomplish, among other things, reducing barriers to entry into the legal, regulated market.This bill would state the intent of the Legislature to enact future legislation that reduces barriers to entry into the legal, regulated cannabis market.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. (a) The California Environmental Quality Act (CEQA) (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 the local jurisdiction, as the lead agency, has filed with the Office of Planning and Research 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. (b) In order to qualify for the exemption in subdivision (a), the activity or activities associated with the commercial cannabis license shall conform with the scope of the commercial cannabis activity or activities reviewed under CEQA by the local jurisdiction, as determined by the department. SECTION 1.It is the intent of the Legislature to enact future legislation that reduces barriers to entry into the legal, regulated cannabis market.

 Amended IN  Senate  March 21, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 508Introduced by Senator LairdFebruary 14, 2023An act relating to cannabis. An act to add Section 26051.6 to the Business and Professions Code, relating to cannabis.LEGISLATIVE COUNSEL'S DIGESTSB 508, as amended, Laird. Cannabis. Cannabis: licenses: California Environmental Quality Act.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. 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.The California Environmental Quality Act (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 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, as specified.Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of cannabis for nonmedical purposes by people 21 years of age and older. 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.AUMA authorizes the Legislature to amend its provisions with a 23 vote of both houses to further its purposes and intent, except as specified. AUMA declares the intent of the people in enacting AUMA to accomplish, among other things, reducing barriers to entry into the legal, regulated market.This bill would state the intent of the Legislature to enact future legislation that reduces barriers to entry into the legal, regulated cannabis market.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Senate  March 21, 2023

Amended IN  Senate  March 21, 2023

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Senate Bill 

No. 508

Introduced by Senator LairdFebruary 14, 2023

Introduced by Senator Laird
February 14, 2023

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 508, as amended, Laird. Cannabis. Cannabis: licenses: California Environmental Quality Act.

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. 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.The California Environmental Quality Act (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 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, as specified.Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of cannabis for nonmedical purposes by people 21 years of age and older. 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.AUMA authorizes the Legislature to amend its provisions with a 23 vote of both houses to further its purposes and intent, except as specified. AUMA declares the intent of the people in enacting AUMA to accomplish, among other things, reducing barriers to entry into the legal, regulated market.This bill would state the intent of the Legislature to enact future legislation that reduces barriers to entry into the legal, regulated cannabis market.

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. 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.

The California Environmental Quality Act (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 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, as specified.

Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of cannabis for nonmedical purposes by people 21 years of age and older. 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.



AUMA authorizes the Legislature to amend its provisions with a 23 vote of both houses to further its purposes and intent, except as specified. AUMA declares the intent of the people in enacting AUMA to accomplish, among other things, reducing barriers to entry into the legal, regulated market.



This bill would state the intent of the Legislature to enact future legislation that reduces barriers to entry into the legal, regulated cannabis market.



## 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. (a) The California Environmental Quality Act (CEQA) (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 the local jurisdiction, as the lead agency, has filed with the Office of Planning and Research 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. (b) In order to qualify for the exemption in subdivision (a), the activity or activities associated with the commercial cannabis license shall conform with the scope of the commercial cannabis activity or activities reviewed under CEQA by the local jurisdiction, as determined by the department. SECTION 1.It is the intent of the Legislature to enact future legislation that reduces barriers to entry into the legal, regulated cannabis market.

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. (a) The California Environmental Quality Act (CEQA) (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 the local jurisdiction, as the lead agency, has filed with the Office of Planning and Research 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. (b) In order to qualify for the exemption in subdivision (a), the activity or activities associated with the commercial cannabis license shall conform with the scope of the commercial cannabis activity or activities reviewed under CEQA by the local jurisdiction, as determined by the department. 

SECTION 1. Section 26051.6 is added to the Business and Professions Code, to read:

### SECTION 1.

26051.6. (a) The California Environmental Quality Act (CEQA) (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 the local jurisdiction, as the lead agency, has filed with the Office of Planning and Research 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. (b) In order to qualify for the exemption in subdivision (a), the activity or activities associated with the commercial cannabis license shall conform with the scope of the commercial cannabis activity or activities reviewed under CEQA by the local jurisdiction, as determined by the department. 

26051.6. (a) The California Environmental Quality Act (CEQA) (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 the local jurisdiction, as the lead agency, has filed with the Office of Planning and Research 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. (b) In order to qualify for the exemption in subdivision (a), the activity or activities associated with the commercial cannabis license shall conform with the scope of the commercial cannabis activity or activities reviewed under CEQA by the local jurisdiction, as determined by the department. 

26051.6. (a) The California Environmental Quality Act (CEQA) (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 the local jurisdiction, as the lead agency, has filed with the Office of Planning and Research 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. (b) In order to qualify for the exemption in subdivision (a), the activity or activities associated with the commercial cannabis license shall conform with the scope of the commercial cannabis activity or activities reviewed under CEQA by the local jurisdiction, as determined by the department. 



26051.6. (a) The California Environmental Quality Act (CEQA) (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 the local jurisdiction, as the lead agency, has filed with the Office of Planning and Research 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. 

(b) In order to qualify for the exemption in subdivision (a), the activity or activities associated with the commercial cannabis license shall conform with the scope of the commercial cannabis activity or activities reviewed under CEQA by the local jurisdiction, as determined by the department. 



It is the intent of the Legislature to enact future legislation that reduces barriers to entry into the legal, regulated cannabis market.