BUREAU OF MEDICAL MARIJUANA REGULATION

PROGRAM DESCRIPTION

Following many years of debate, the Legislature passed and the Governor signed into law three bills that create a licensing and regulatory framework for medical cannabis. AB 243 (Wood, Chapter 688, Statutes of 2015), AB 266 (Bonta, Chapter 689, Statutes of 2015), and SB 643 (McGuire, Chapter 719, Statutes of 2015).

AB 266 creates the Bureau of Medical Marijuana Regulation (Bureau) within the Department of Consumer Affairs (Department). The Bureau is charged with developing standards and regulations governing four license types: distributors, dispensaries, special dispensaries, and transporters. Distributors are defined as persons licensed by the Bureau that purchase medical cannabis from a licensed cultivator or manufacturer, for sale to a licensed dispensary. Dispensaries are defined as facilities where medical cannabis, products or devices are offered for retail sale pursuant to local authorization. Transporters are defined as persons licensed by the Bureau to transport medical cannabis and products between licensed facilities in an amount threshold established by the Bureau. It is anticipated that regulations will be developed by January 1, 2018.

LEGISLATIVE HISTORY

AB 243 (Wood, Chapter 688, Statutes of 2015) authorizes a general fund loan of $10 million to the Department to begin the activities of the Bureau; requires state agencies to promulgate regulations relative to cannabis cultivation and mitigation of the associated environmental impacts; and requires the California Department of Food and Agriculture to prescribe standards for the issuance of unique identifiers for medical cannabis plants, in consultation with the Bureau.

AB 266 (Bonta, Chapter 689, Statutes of 2015) creates the Bureau within the Department; establishes the Medical Marijuana Regulation and Safety Act Fund; and authorizes the Bureau and other licensing authorities to administer their respective provisions of the Medical Marijuana Regulation and Safety Act.

SB 643 (McGuire, Chapter 719, Statutes of 2015) authorizes the Bureau under the Department to create, issue, renew, discipline, suspend, or revoke licenses for transportation, storage (unrelated to manufacturing), distribution, and sale of medical marijuana. This bill provides that the Governor shall appoint the Bureau chief, subject to Senate confirmation. This bill also authorizes the Medical Board of California to prioritize cases in which licensees recommend medical cannabis without a good faith examination and a medical purpose and provides that it is a misdemeanor for a physician and surgeon who recommends medical marijuana to have a financial interest in a licensed medical marijuana facility.

AB 809 (Logue, Chapter 404, Statutes of 2014) revises the patient consent provisions related to the use of telehealth services by health care providers, by permitting consent to be made verbally or in writing. This bill deletes the requirement that the health care provider who obtains the consent be at the originating site where the patient is physically located.